08 – Child’s age: 5 years

2013/08 – Child’s age: 5 years

Diagnosis: Asperger’s Syndrome

Report of oral hearing: The appellant stated that her daughter, [H], is normally woken in the mornings between 6.30 a.m. and 7.00 a.m. She needs regular enzyme supplements as she suffers from severe acid reflux, and has to be spoon fed her breakfast and reminded to swallow her food. It is difficult to dress her and that she is unable to manage buttons, zips or laces. She likes only certain types of clothing because of her sensory issues.

The appellant confirmed that [H] is in Junior Infants at school. She said that she has resource hours and access to a Special Needs Assistant (SNA), and that these are helping her a lot. She does not know the names of her class mates and the resource teacher is working on this, using a class picture. The appellant said that she collects her daughter from school at 1.00 p.m. and they return home. She said that [H] is difficult to feed and also that she has to have oral supplements, is on a gluten and casein-free diet and that she is very uncooperative. Eating lunch can take about an hour. She has to take a probiotic supplement at 5.30 p.m. which she also resists.

The appellant said that she tries to plan an activity for the afternoon, that they have dinner at 6.30 p.m., when [H] has more enzyme medication. She has to spoon feed her and prompt her to swallow. The bedtime routine starts at about 7.30 p.m., when [H] again needs to take probiotics and folic acid. She is very anxious and is a poor sleeper. She takes Melatonin to help her sleep, and the appellant stays with her until she falls asleep. [H] wakes in the night and also wets the bed. She will not wear nappies and has recently started to soil herself.

The appellant stated that [H] is unable to follow simple instructions as she has no sequencing ability. She has sensory issues and hates having her hair washed, and screams. She reacts to the noise of the vacuum cleaner and the hair dryer, and is also sensitive to light. She suffers from very bad constipation and takes Movicol every day. She has a lot of pain as a result and is given pain killers most days, and attends the local paediatric unit. The wrong diet can aggravate the problem.

The appellant stated that [H] cannot regulate her emotions and regularly becomes inconsolable, and that it can take up to an hour to get her to stop crying. She cannot read social cues and while she has a good vocabulary, she has no understanding. She is obsessed with ‘Thomas the Tank Engine’ and ‘My Little Pony’. In conclusion, the appellant said that [H] has no road sense and no sense of self-preservation. She will wander off if her hand is not being held.

Comments/Conclusions: Having considered all of the evidence in this case including that adduced at oral hearing, the Appeals Officer was satisfied that the appellant’s daughter, [H], satisfies the criteria for Domiciliary Care Allowance. She concluded that it had been demonstrated that [H] requires substantially more care than a child of the same age who does not have a disability.

Decision of the Appeals Officer: The appeal is allowed.

Note on decision reason(s): Domiciliary Care Allowance may be paid where a person is providing care at home for a child who has a severe disability, and requires continuous care which is substantially in excess of that normally required by a child of the same age. The qualifying conditions are outlined in social welfare legislation.

Having examined the evidence available in this case including that presented at oral hearing, I have concluded that it has been established that [H] who has a diagnosis of Asperger’s Syndrome needs substantial additional care on a continuous basis, as provided for in the legislation. In the circumstances, the appeal succeeds.