Michael Creed (Cork North West, Fine Gael)
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Question 309: To ask the Minister for Social and Family Affairs if she will clarify the criteria governing eligibility for domiciliary care allowance and, specifically, the position regarding those children diagnosed with an intellectual disability; and if she will make a statement on the matter. [21116/09]

Michael Creed (Cork North West, Fine Gael)
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Question 322: To ask the Minister for Social and Family Affairs the criteria used by her Department to determine eligibility for domiciliary care allowance when the scheme was administered therein; if she will clarify the definition of disability used in respect of such claims; if persons diagnosed with autism qualified for an allowance; and if she will make a statement on the matter. [21115/09]

David Stanton (Cork East, Fine Gael)
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Question 323: To ask the Minister for Social and Family Affairs the number of applications for domiciliary care allowance that have been received in her Department since her Department took over the administration of the payment of the allowance; the number of these applications that have been refused; and if she will make a statement on the matter. [21220/09]

David Stanton (Cork East, Fine Gael)
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Question 324: To ask the Minister for Social and Family Affairs if the criteria for granting domiciliary care allowance in respect of children with autism has been changed since her Department took over administration of the allowance; if so, the details of such changes; and if she will make a statement on the matter. [21221/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 309 and 322 to 324, inclusive, together.

The transfer of the Domiciliary Care Allowance scheme from the Health Service Executive to my Department arises from a Government decision on 28th February 2006 to reallocate certain functions between Departments and Agencies as part of the health service reform programme.

The Domiciliary Care Allowance scheme is now a statutory scheme with the primary legislation provided for in the Social Welfare and Pensions Act 2008. As there were no agreed national medical guidelines for the scheme while it was administered in the Health Service Executive, an Expert Medical Group was established in advance of the transfer of functions. This Group was chaired by the Department's Chief Medical Advisor and comprised of senior medical personnel from the HSE as well as eminent professionals in the areas of physical disabilities which affect children, and child psychiatry/psychology. This report was reviewed independently by external medical experts. The primary purpose of this Group was to agree a set of consistent and objective guidelines for use in determining eligibility of children for Domiciliary Care Allowance.

To qualify for Domiciliary Care Allowance a child must have a disability so severe that he or she requires care and attention and / or supervision substantially in excess of another child of the same age. The level of care and attention required to allow the child to deal with the activities of daily living must essentially require the full-time attention of the applicant. The child must be likely to require this level of care and care and attention for at least 12 months.

The Group considered that the most appropriate way for the Department to conduct assessments for medical eligibility was by assessing evidence submitted by the claimant rather than by way of individual examination by the Department's Medical Assessors as they are not involved in advice or treatment of the child. The new process in operation in the department involves the submission of a detailed statement by the parent or guardian of the child; a detailed statement by the child's General practitioner; and any other relevant evidence from qualified experts who have examined the child. The evidence is assessed by designated departmental Medical Assessors who have received special training.

Eligibility for Domiciliary Care Allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted as outlined earlier. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task.

Since the 1st April 2009 the Department has been accepting new claims for Domiciliary Care Allowance. In the period 1st April 2009 to 22nd May 2009 a total of 445 applications have been received in the required format of which 249 cases have been fully processed by the Department's Medical Assessors, 149 of these applications have been deemed not to satisfy the criteria. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office.