Jimmy Devins (Sligo-North Leitrim, Fianna Fail)

The main conditions for receipt of the respite care grant are that the person or persons in respect of whom the application is made must require full-time care and attention and that the applicant must be providing that care. The legislation provides that a person is regarded as requiring full-time care and attention where they require continual supervision and frequent assistance throughout the day in connection with normal bodily functions or to avoid danger to themselves.

The person to whom the Deputy refers submitted an application for a respite care grant in respect of his mother and his brother. In respect of the applicant's brother, the deciding officer refused the application on the grounds that the care given is in the nature of help around the house and farm which does not constitute the care and attention envisaged by the legislation. In respect of the applicant's mother, the application was refused on the grounds that her condition is not such that she requires the level of care envisaged by the legislation. The deciding officer based this decision on the advice of a medical assessor who reviewed the medical evidence submitted by her general practitioner. Also, in respect of the applicant's mother, the deciding officer was not satisfied that the level of care being provided was consistent with that envisaged in the respite care grant legislation.

The decisions were appealed to the social welfare appeals office. The appeals officer examined all the evidence submitted, including that adduced at an oral hearing, and upheld the decision of the deciding officer. A decision by an appeals officer is final but can be revised if new evidence or facts or any relevant change of circumstances come to light after a decision is made. It is open to the person concerned to make an application for the 2008 respite care grant if he feels that he may qualify. The earliest date for receipt of any such application is 10 April 2008.

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