Tuesday, 22 November 2016
Department of Social Protection
Carer's Allowance Eligibility
An application for carer's allowance (CA) was received in respect of the care of the person concerned on 23 April 2015.
It is a condition for receipt of a CA that the person being cared for must have a disability whose effect is that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The CA applicant was notified on 3 November 2015 of this decision, the reason for it and of her right of review and appeal.
The CA applicant appealed the decision and submitted additional evidence in support of her application. On 29 March 2016 an appeals officer (AO) disallowed the appeal on the grounds that although the evidence indicated that the care recipient does require a level of care, it had not been established that his medical condition was such that he required full-time care and attention in line with the provisions of social welfare legislation. The CA applicant was notified directly of the outcome on 5 April 2016.
The decision of an AO is final and conclusive and may only be reviewed in the light of new and relevant facts or evidence not available at the time of the appeal determination.
If she believes that she now may qualify, it is open to the CA applicant to re-apply for CA and the new application will be examined and determined afresh by my Department in due course.
I hope this clarifies the matter for the Deputy.