24 – Child’s age: 15 years

2013/24 – Child’s age: 15 years – Summary Decision

Diagnosis: Asperger’s Syndrome, Dyspraxia

Background: In this case, a Domiciliary Care Allowance had been in payment prior to the scheme being transferred from the HSE to the Department of Social Protection in 2009. As part of a review by the Department, the appellant was asked to complete a review form and given an opportunity to provide further medical evidence in support of the claim. The child, who has a diagnosis of Asperger’s Syndrome, is living with the appellant as part of a permanent foster care placement.

The appellant outlined the background to [Y] having been placed in foster care, and the fact that she was now happy in a secure family environment. She outlined the range of difficulties and challenges being encountered. She submitted a copy of the assessment report completed by the Consultant Child and Adolescent Psychiatrist at the local CAMHS. That report outlined the child’s family background and turbulent early history. It referred to a range of issues, including social isolation, anxiety, restrictive stereotyped interests, clumsy ill-coordinated movements and odd postures, as well as difficulties with communication. Details of the treatment plan recommended for [Y] were also outlined and it was noted that her diagnosis, and the needs identified, occurred against a background of a very disruptive early environment with a number of foster care placements.

Comments/Conclusions: The Appeals Officer dealt with the appeal on a summary basis. He noted that the child’s foster parents had been in receipt of DCA as approved by the HSE. He considered that the combined historical nature and circumstances of the child’s upbringing, coupled with the diagnosis, made a more compelling case for particular care and attention by her foster parents. He regarded the appellant’s correspondence as convincing and observed that there was no reason to doubt what she said in relation to the care and attention being provided. In conclusion, he determined that the circumstances of the child’s history and the obvious care and attention that she requires were such as to indicate that the payment of DCA should continue in this case.

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 the evidence carefully, I have concluded that it has been shown that [Y] requires substantial additional care, as provided for in social welfare legislation. In the circumstances, the appeal succeeds.