Robert Troy (Longford-Westmeath, Fianna Fail)
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Question 338: To ask the Minister for Social Protection the reason an appeal was disallowed in respect of a person (details supplied) [35992/12]

Joan Burton (Dublin West, Labour)
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Social Welfare legislation provides that domiciliary care allowance may be paid where a person is providing care at home for a child who has a severe disability, and requires continuous care which is substantially in excess of that normally required by a child of the same age. The qualifying conditions are outlined in social welfare legislation.

I am advised by the Social Welfare Appeals Office that, having examined the evidence available in this case including that presented at oral hearing, the Appeals Officer concluded that while the child of the person concerned had a diagnosis of ADHD, it had not been established he needs substantial additional care on a continuous basis, as provided for in the legislation.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.