Róisín Shortall (Dublin North West, Labour)
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Question 82: To ask the Minister for Health and Children the reason a person (details supplied) in Dublin 11 has been declined domiciliary care allowance; the appeal procedures applying to this case in view of the recent legislative changes made to put the scheme on a statutory basis; the guidelines applying to deciding officers and medical officers; and the efforts that are being made to draw up qualifying criteria that are clear to applicants from the time of their application. [16783/08]

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
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Domiciliary Care Allowance is a monthly allowance administered by the Health Service Executive. The allowance is paid in respect of eligible children from birth to the age of 16 who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age. Eligibility is determined primarily by reference to the degree of additional care and attention required by the child, as assessed by the Health Service Executive's Medical Officer, rather than the nature of the disability/illness involved.

The Deputy's question refers to the recent legislative changes made to put the scheme on a statutory basis. While the Social Welfare and Pensions Bill 2008 contains the statutory basis for the administration of the Domiciliary Care Allowance by the Department of Social and Family Affairs, this has not yet commenced. Therefore, the Domiciliary Care Allowance Scheme remains under the remit of the Health Services Executive (HSE) and no changes have been made to the scheme or the appeals procedure relating to the case in question. It is anticipated that responsibility for the scheme will be transferred from the HSE to the Department of Social and Family Affairs in mid-2009. My Department has asked the Parliamentary Affairs Division of the HSE to investigate the case raised and to have a reply issue directly to the Deputy.