14 – Child’s age: 9 years

2013/14 – Child’s age: 9 years – Summary decision

Diagnosis: Asperger’s Syndrome

Background: The appellant’s son, [O], was diagnosed with Asperger’s Syndrome. In her appeal, she described how he gets very frustrated, slamming doors, kicking furniture and becoming verbally aggressive. She outlined the assistance he needs with bathing and dressing at all times and advised as to how he gets upset if there is any change to his daily routine. The evidence submitted also indicated that [O] attends occupational therapy on a weekly basis, and has to do a home programme of 40 minutes per day. In addition, he attends a Clinical Psychologist on a weekly basis to help him with social skills/behaviour management and emotional support.

Comments/Conclusions: The Appeals Officer noted that evidence from the Clinical Psychologist stated that [O] presents with extremely challenging and sometimes aggressive behaviours. This evidence indicated that he also poses a threat to others due to his aggressive and unpredictable outbursts.

The Appeals Officer noted evidence from the Occupational Therapist which indicated that, in addition to therapeutic input, his parents are working extremely hard to provide [O] with support at home in terms of carrying out recommended activities to implement his occupational therapy programme and to provide additional sensory input.

The Appeals Officer noted evidence from the Carer’s Association which indicated that [O] has poor co-ordination and has difficulty running without tripping. It indicated also that he is not properly toilet trained and needs help every time he has to go the bathroom. In addition, reference was made to the fact that he has a Special Needs Assistant (SNA) to assist him in school, and it was suggested that he has no concept of danger and is a flight risk.

Having examined all the evidence available, the Appeals Officer dealt with this case by way of summary decision. He concluded that that the appellant’s statement of appeal was self-explanatory and that it had been established that [O] requires substantial additional care, as provided for in social welfare legislation.

Decision of the Appeals Officer: The appeal is allowed.

Note on decision reason(s): 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 all the available evidence in this case, including that outlined in the letter of appeal, I have concluded that it has been shown that [O], who has been diagnosed with Asperger’s Syndrome, requires substantial additional care, as provided for in social welfare legislation. In the circumstances, the appeal succeeds.