Seán Fleming (Laois, Fianna Fail)
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236. To ask the Minister for Social Protection to set out the number of persons in respect of whom domiciliary care allowance was being paid up to their 16th birthday, and, having reached this birthday, applied for disability allowance, but were refused on the basis that they did not meet the requirement for each of the years 2013 to 2016 to date; and if he will make a statement on the matter. [38641/16]

Finian McGrath (Dublin Bay North, Independent)
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Domiciliary care allowance (DCA) is paid in respect of children who have a disability requiring care and attention substantially in excess of that needed by a child of the same age without the disability. The need for the additional care and attention must be likely to last for at least 12 months. DCA, which is not means-tested, is payable in respect of qualified children to age 16 years, after which they may apply for disability allowance (DA) in their own right.

However, the qualifying conditions for DA are very different to DCA. To qualify for a DA payment a person must: be substantially restricted in undertaking suitable employment; be aged between 16 and 65; satisfy a means test; and be habitually resident in the State. Therefore a child is not automatically entitled to DA because a DCA was in payment.

My department does not maintain statistics on how many people whose DCA ceases at age 16, apply for DA and go on to qualify for a DA payment.

I trust this clarifies the matter for the Deputy.

Seán Fleming (Laois, Fianna Fail)
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237. To ask the Minister for Social Protection to outline the position regarding the situation in which domiciliary care allowance is being paid in respect of a person until the 16th birthday, and the parent in this situation is granted carer's allowance to care for the person who obviously requires full-time care, and arising from the fact that the person has turned 16 years of age, all payments are cut off; the reason the person may not be provided with disability allowance in view of the fact that domiciliary care allowance was deemed necessary up to the date of the 16th birthday; and if he will make a statement on the matter. [38642/16]

Finian McGrath (Dublin Bay North, Independent)
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Domiciliary care allowance (DCA) is paid in respect of children who have a disability requiring care and attention substantially in excess of that needed by a child of the same age without the disability. The need for the additional care and attention must be likely to last for at least 12 months. DCA, which is not means-tested, is payable in respect of qualified children to age 16 years, after which they may apply for disability allowance (DA) in their own right. Carer’s allowance (CA) may be payable in addition to DCA where all the conditions are satisfied.

The qualifying conditions for DA are different to DCA. To qualify for a DA payment a person must: be substantially restricted in undertaking suitable employment; be aged between 16 and 65; satisfy a means test; and be habitually resident in the State. Therefore a child is not automatically entitled to DA at age 16 simply because a DCA was in payment.

It is a condition for receipt of a carer’s allowance (CA) that the person being cared for must have a disability whose effect is that they require full-time care and attention.

For the purposes of CA, full-time care and attention 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.

Moreover, a person’s eligibility for DCA, DA and CA may change over time. My Department periodically reviews claims in payment to ensure that there is continued entitlement. CA cases where DCA is stopping due to the child reaching 16 years are not automatically reviewed at that time. Reviews of CA are selected based on various parameters including where medical advice indicates or where there is any other indication that any relevant circumstances may have changed. In addition, some reviews are randomly selected.

Following examination of all available evidence, where it is decided that a care recipient no longer requires full-time care and attention, the carer is given ample time to provide additional evidence before payment of CA is stopped. The person receiving an adverse decision is also offered the right of appeal to the independent social welfare appeals office. The options to have an adverse decision reviewed by a deciding officer or to appeal it are available across all the schemes operated by my department.

I trust this clarifies the matter for the Deputy.