23 – Child’s age: 15 years

2013/23 – Child’s age: 15 years – Summary Decision

Diagnosis: Learning Difficulty

Background: Domiciliary Care Allowance had been in payment to the mother of the child in this case. Subsequently, the child was placed in the care of her aunt and the payment of DCA to her mother ceased. Her aunt made a claim for DCA and submitted evidence to confirm that the child [X] had been assessed as having a moderate level of intellectual disability and was attending a special school. In connection with the claim, her GP assessed her as having a moderate to severe degree of difficulty in the areas of Mental Health/Behaviour and Learning/Intelligence, and a mild degree of difficulty in the areas of Balance/Co-ordination and Speech. However, the claim was refused. In her appeal against that decision, the appellant argued that the child’s care needs had not changed and she stated that she was finding it difficult to continue to pay for the special needs social and sports clubs that her niece was attending. She referred also to the extent of the supervision her niece required and the level of support and assistance she needed in carrying out everyday activities. She advised that her niece was attending the local CAMHS and that she suffers night terrors. She submitted a report from the Social Worker involved in the case, describing her niece as a very vulnerable child who was known to the local social work department. The report made reference to the child’s behavioural problems and emotional needs, and indicated support for the award of DCA to the appellant. The family GP also provided a statement as to the child’s additional care requirements.

Comments/Conclusions: The Appeals Officer noted that the child’s mother had been in receipt of DCA immediately prior to the appellant’s claim. He concluded that no evidence had been put forward to indicate that the child’s condition had improved from the time that payment had been awarded initially to her mother and determined that the appellant was entitled to receive DCA in respect of her niece.

Decision of the Appeals Officer: The appeal is allowed.

Note on decision reason(s): The appellant’s mother was in receipt of Domiciliary Care Allowance immediately prior to the application that was made by the appellant for that payment. The child moved homes as her initial carer was not in a position to continue to give care. There is no evidence put forward that the child’s condition has improved from the time that the payment was first awarded to her mother. Having examined the evidence available in this case I have concluded that the appellant is entitled to receive the Domiciliary Care Allowance for [X]. In the circumstances the appeal succeeds.