Pat Breen (Clare, Fine Gael)
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Question 194: To ask the Minister for Social and Family Affairs when an application for domiciliary allowance will be processed in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [46357/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that the child needs 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.

The person in question has made applications for Domiciliary Care Allowance in respect of each of her twins boys. An application for Domiciliary Care Allowance was received by the Department on 15th July 2009 in respect of her son "C". This application was referred to one of the Departments Medical Assessors who found that the child in question did not meet the medical criteria to qualify for Domiciliary Care Allowance.

A letter issued to the person in question on 27th August 2009 advising her of the decision to refuse Domiciliary Care Allowance. 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.

The person in question requested a review of the decision to refuse Domiciliary Care Allowance and the application was reviewed by a different Medical Assessor on the 25th November 2009 who found that the child in question was not medically eligible for Domiciliary Care Allowance. A letter issued to the person in question on 1st December 2009 advising of this decision.

An application for Domiciliary Care Allowance was received by the Department on 1st October 2009 in respect of her son "E". This application was referred to one of the Departments Medical Assessors who found on 19th October 2009 that the child in question was not medically eligible for Domiciliary Care Allowance.

Further information was received prior to the formal decision being issued and the application was returned for a review to a different Medical assessor. This Medical Assessor found that the child in question was not medically eligible for Domiciliary Care Allowance. A letter issued to the person in question on 1st December 2009 advising of this decision.

Where a person is not satisfied with the decision of a Deciding Officer, they may appeal the decision to the Social Welfare Appeals Office. Additional information was received and forwarded to the Social Welfare Appeals Office on 4th December 2009. The Social Welfare Appeals Office have been requested to register an appeal in relation to each application, they will be in contact directly with the person in question in due course.