Martin Kenny (Sligo-Leitrim, Sinn Fein)
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1768. To ask the Minister for Employment Affairs and Social Protection the reason the high level of care needed for a child from his mother (details supplied) is not being taken fully into account for her domiciliary care allowance application, given the medical evidence, the ongoing treatment and expected surgeries; and if he will make a statement on the matter. [41278/25]

Dara Calleary (Mayo, Fianna Fail)
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Domiciliary Care Allowance (DCA) is a monthly allowance payable to a parent or guardian in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child deal with the activities of daily living.

Eligibility for DCA is not based entirely on the type of disability or diagnosis but primarily on the impact of the disability / diagnosis in terms of the associated level of care and attention required by the relevant child compared to a child of the same age. The decision process to determine whether a child meets the conditions for DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.

The DCA application and supporting information for the person concerned was examined by one of the Department’s Medical Assessors who advised that in their opinion the child concerned did not fulfil the medical criteria as set out in the legislation. The application was then examined by a Deciding Officer in the DCA section who made the decision not to award DCA in respect of the child concerned as per decision dated 18/06/2024.

Following a review of that decision, including the further information/documentary evidence that was submitted for consideration, the decision was upheld by a second Deciding Officer, as per review decision dated 24/02/2025.

The decision to disallow the claim was upheld by an Appeals Officer in the independent Social Welfare Appeals Office as per Appeals Officer’s decision dated 14/03/2025. This decision was then upheld under a Section 317 review by a second Appeals Officer as per Appeals Officer’s decision 18/06/2025.

All applications for DCA are decided on an individual case by case basis in respect of the relevant child. The details provided on the completed application form including the signed details from the child's GP / Specialist, along with any additional information or documentary evidence that is provided by the applicant forms the basis for the DCA assessment and decision process in all cases. In addition, the Deciding Officer also considers the professional opinion of the department's Medical Assessor in the DCA decision process.

All Deciding Officers are trained and have a full understanding of the scheme rules and relevant legislation and regulations governing the scheme they deal with. Deciding Officers are appointed by the Minister under Section 299 of the Social Welfare (Consolidation) Act 2005. All Deciding Officers are required to consider applications for Social Welfare schemes are dealt in a fair and impartial manner and in accordance with the legislative provisions set out in the 2005 Act.