Written answers

Tuesday, 27 November 2018

Department of Employment Affairs and Social Protection

Carer's Allowance Applications

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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559. To ask the Minister for Employment Affairs and Social Protection if all carer's allowance applications are examined by a medical referee before refusal on care requirements as set out in section 179(4) of the Social Welfare Consolidation Act 2005 is issued; and if she will make a statement on the matter. [48953/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

A person is deemed to require full-time care and attention (FTCA) where they require from another person continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid being a danger to themselves. 

They must also be likely to require this level of care for at least 12 consecutive months.

Under social welfare legislation, the decision as to whether the qualifying conditions for receipt of carer's allowance are met is made by a Deciding Officer, having regard to the relevant legislative provisions. 

Deciding Officers (DOs) are appointed by the Minister for Employment Affairs and Social Protection and charged with making decisions on any and all questions relating to entitlement to social welfare payments having regard to the relevant legislation. 

Social welfare legislation also provides that a DO may seek the opinion of one of the Department's Medical Assessors (MAs) as to the care requirement condition. The MA, in such cases, assesses all of the relevant information available to them and provides the DO with their opinion.

Where the MA provides an opinion, the DO must have regard to that opinion but the final decision as to whether the conditions is satisfied or not rests with the DO. 

The legislation governing Medical Assessors' opinions is contained in section 300A of the Social Welfare Consolidation Act 2005, as amended. 

I hope this clarifies the matter for the Deputy.

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