15 – Child’s age: 10 years

2013/15 – Child’s age: 10 years

Diagnosis: Dyspraxia, Language Disorder/Delay and Learning Difficulty

Report of oral hearing: Having made reference to the documentary evidence submitted, a general discussion took place around [P] and in particular his daily routine and extra needs and care. The appellant outlined instances where he has particular difficulty as follows:

School: He has just completed fourth class. Following assessment by an Educational Psychological, he was given an Independent Educational Plan (IEP) to follow and his work load/curriculum was reduced compared to his peers. The appellant stated that he struggles with handwriting and homework. He did an occupational therapy course in handwriting during the summer but he is very slow at writing, and struggles to copy from the board and tires of it easily. He receives 3 hours per week resource teaching in maths. He does not have a Special Needs Assistant (SNA). He can take between one and three hours to complete his homework and needs assistance and encouragement. He is to be introduced to keyboard skills at school and the appellant reported that he is below average at school.

Hobbies/Socialisation/Friends: The appellant stated that [P] has no issues in making friends and gets on reasonably well in the school yard. He goes out to play with friends on the green after school but complains a lot as he is not able to keep up with them when they are playing games. He likes playing on the computer and reading but his concentration and focus are poor.

Physical issues: He cannot do up zips, buttons, laces and he has trouble lifting things as his hands are weak due to poor muscle tone as a result of his Dyspraxia. He can manage toileting for the most part but does on occasion soil himself due to poor cleaning. He cannot wash or dry himself and can only manage to put on his underwear. All his clothes must be loose fitting without zips or buttons. He can only feed himself for short periods as he tires easily and cannot use a knife and fork properly. The appellant must cut his food up for him. He can manage foods he can pick up, like toast.

In conclusion, the appellant said that she feels as [P] is getting older, his Dyspraxia is getting worse. He gets easily frustrated as a result and is very easily upset. She stated that he likes to get attention and has pretended to be sick at school occasionally. She reported that he is not attending any specialists at present but is on a waiting list for speech and language therapy. She referred also to an appointment he had attended with the Child and Adolescent Mental Health Services (CAMHS) but stated that she had not received a report.

Comments/Conclusions: Having examined all of the information/evidence on file and taking cognisance of evidence given at the oral hearing, the Appeals Officer considered it was apparent that [P] requires a certain level of extra care and attention on a daily basis. She concluded, however, that it related mainly to his educational deficits which were being addressed. Having carefully considered all of the available evidence, including the appellant’s letter of appeal, that adduced at the oral hearing and the additional supporting evidence, she was of the opinion that the child in this case did not meet the criteria for DCA in accordance with the legislation.

Decision of the Appeals Officer: The appeal is disallowed.

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 continual or continuous care and attention 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 while [P] has a diagnosis of Dyspraxia and expressive language difficulty, it has not been established he needs substantial additional care on a continuous basis, as provided for in the legislation. In the circumstances, I regret that the appeal cannot succeed.