Mary Hanafin (Dún Laoghaire, Fianna Fail)

I thank both Deputies for raising this issue. Eligibility for respite care grant was originally confined to people in receipt of certain primary social welfare payments, who received it automatically. Such people continue to do so.

In the 2005 budget, eligibility for the respite care grant was extended to include all carers irrespective of means or contribution record but subject to certain statutory conditions. The main conditions for receipt of 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 such care and attention. 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 Deputies refer submitted an application for a respite care grant on 25 July 2007 in respect of his mother and brother. With regard to the applicant's brother, the deciding officer refused the application as the application form indicated that the care being given was in the nature of help around the house and farm, which does not constitute the kind of care and attention envisaged by the legislation.

With regard to 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 the Department's medical assessors, who reviewed all the medical evidence submitted by her general practitioner. Also, with regard to the applicant's mother, the deciding officer was not satisfied that the level of care he was providing was consistent with that envisaged in the respite care grant legislation.

The above decisions were appealed to the social welfare appeals office. The appeals officer, who is independent in coming to a decision, examined all the evidence submitted, including that produced at an oral hearing, and upheld the decision of the deciding officer. The decision of the appeals officer is final and conclusive under the legislation and may only be altered in the light of new facts or fresh evidence not already presented.

As we are now into the new year of 2008, the respite care grant scheme runs into this year. Deputy O'Mahony stated the applicant had not given the full picture on the original application. I suggest the applicant should make a new application under the 2008 respite care grant scheme for this year.

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