Willie Penrose (Longford-Westmeath, Labour)
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Question 245: To ask the Minister for Social and Family Affairs if a young child who has been diagnosed with dyslexia by her departmental psychologists, and where their reading is just 4% and their IQ is 85%, is entitled to domiciliary care allowance; the criteria which applies in such a case; and if she will make a statement on the matter. [42108/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The transfer of the Domiciliary Care Allowance scheme from the Health Service Executive to this 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.

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.

In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. 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 such it is not possible to say, in general, if a child with dyslexia or any other intellectual disability will qualify for a payment under the scheme.

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. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office.