01 - Child’s age: 4 months – Summary decision

2013/01 – Child’s age: 4 months – Summary decision

Diagnosis: Lactose Intolerance, Reflux

Background: The application for Domiciliary Care Allowance (DCA) was made when the appellant’s son, [A], was four months old. The family GP had referred to a diagnosis of Lactose Intolerance and Reflux, which he indicated was expected to last less than 12 months. In completing the ability/disability profile on the DCA claim form, the GP assessed Consciousness/Seizures as normal. No assessment was made in relation to any of the other categories as they were deemed not to apply in view of the child’s age. The appellant submitted a report from the paediatric hospital where her son had attended at age one month. It outlined those procedures which had been carried out and reported that the Neonatal Clinic was happy to discharge [A]. In her letter of appeal, the appellant described the reflux condition which her son experiences.

Comments/Conclusions: In examining the appeal, the Appeals Officer noted that [A] continues to have a degree of difficulty with his lactose intolerance and reflux. He concluded, however, that this condition did not give rise to a level of disability and consequent substantial additional care requirement as set out in social welfare legislation.

Decision of the Appeals Officer: The appeal is disallowed.

Note on reason(s) for decision: Social welfare legislation provides that Domiciliary Care Allowance may be paid where a child has a severe disability and requires continuous care and attention, at a level which is substantially in excess of that normally required by a child of the same age.

Having examined the evidence carefully, including that outlined in the letter of appeal, I have concluded that while additional supports may be required in the context of [A]’s diagnosis of Lactose Intolerance Reflux , it has not been shown that he requires the very substantial additional care, as provided for in social welfare legislation. In the circumstances, I regret that the appeal cannot succeed.