Bernard Durkan (Kildare North, Fine Gael)
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Question 421: To ask the Minister for Social Protection if he will review the habitual residency decision in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36152/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned originally applied for disability allowance on 26 February 2008 . His claim was assessed by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that medical opinion and further decided that the person in question was not habitually resident in the State. As he failed to satisfy the medical and habitual residence conditions, his claim was refused. A letter issued to him on 7 August 2008 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office. The person applied again for disability allowance on 27 November 2008. While the medical assessor gave the opinion that the medical condition was satisfied on the basis of the medical evidence supplied with that application, it was decided that he was not entitled to disability allowance as he did not satisfy the habitual residence condition. A letter issued to him on 29 January 2009 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office.

The person subsequently appealed this decision. The appeals officer decided that the person was not habitually resident in the State and the appeal was disallowed on 12

August 2009. An appeal's officer's decision is final and conclusive in the absence of any fresh facts or evidence and, therefore, will not be reviewed.

However, it is open to the person concerned to re-apply for disability allowance and his claim will be examined to see if he currently satisfies the medical, means and habitual residency conditions for receipt of disability allowance. End of Take

Jack Wall (Kildare South, Labour)
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Question 422: To ask the Minister for Social Protection the grants, if any available to a person in receipt of a social welfare payment for a hearing aid; and if he will make a statement on the matter. [36166/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Medical Appliance scheme is a PRSI based scheme available to all who satisfy certain PRSI conditions. While it is possible for someone currently in receipt of a Social Welfare payment to qualify, qualification is based on the person's previous employment records.

For qualified people, the Department will pay up to half the cost of a hearing aid, subject to a fixed maximum contribution of €760 for one aid or €1520 for two aids. Anyone in receipt of a Medical Card can apply for assistance under the Department of Health and Children's Medical Appliance scheme. Questions relating to the Medical Card scheme should be addressed to my colleague the Minister for Health and Children.

Jack Wall (Kildare South, Labour)
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Question 423: To ask the Minister for Social Protection if the medical condition of autism is being considered as a qualifying condition for domiciliary care; and if he will make a statement on the matter. [36170/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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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 impairment or disease, but on the resulting lack of function of body or mind necessitating a degree of extra care and attention required. As such it is not possible to say in advance if a child diagnosed with autism or indeed any other condition will qualify for a payment under the scheme. Every application is assessed by one of the Departments Medical Assessors and an individual medical opinion, based on the information submitted by the applicant in support of their claim, is offered in each case. The deciding officer then makes a decision having considered the medical opinion provided and all the other information available.

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 or they may appeal the decision directly to the Social Welfare Appeals Office within 21 days.