Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

118. To ask the Minister for Social Protection if she has ordered a review into all cases where domiciliary care allowance has been refused in view of the recent High Court judgment by Mr. Justice Barrett; if she has made contact with all persons refused informing them that they may reapply for the allowance; and if she will make a statement on the matter. [22026/14]

Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

128. To ask the Minister for Social Protection if she will review the manner by which departmental medical assessors make determinations for illness-based or other similar allowances in view of the recent Barrett judgment; if she will take steps to make it easier for medical practitioners to communicate the exact details of a case to medical assessors; and if she will make a statement on the matter. [22103/14]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 118 and 128 together.

The Judgement to which the Deputy refers, involved a challenge by a claimant in regard to the process involved in determining eligibility on her claim for domiciliary care allowance (DCA). The Department has decided to appeal the Judgement to the Supreme Court.

The Department is examining the issues arising from the Judgement and is reviewing its decision making procedures on schemes where there are medical or care requirements and have sought legal advice in relation to this.