Social Welfare Appeal G0061

Year: 2014

Type of Social Welfare: Carer’s Allowance

Deciding Body: Chief Appeals Officer

This case relates to the Appellant’s Carer’s Allowance (CA) claim in respect of her son for whom she cares.

The Appellant had been in receipt of Carer’s Allowance and Domiciliary Care Allowance [DCA] in respect of her son until the 15th May 2013. At this time, the Appellant’s son reached aged 16, and therefore, in accordance with the relevant statutory provisions, the Appellant could no longer claim DCA. The Appellant’s son subsequently applied for, and was refused, Disability Allowance.  Following a successful appeal, Disability Allowance was awarded. The Disability Allowance appeal was allowed on 30th April 2014.

At the time when the DCA payment ceased, the Appellant’s eligibility for Carer’s Allowance was reviewed.  It was decided that the Appellant’s son did not require full time care and attention as set out in the relevant legislation. The Appellant appealed the decision.  The Appeal was disallowed by the Social Welfare Appeals Office on the 13th January 2014. The decision was made on a summary basis; that is, without an oral hearing.

The Appellant subsequently sought a review of the Appeals Officer’s decision under Sections 317 and 318 of the Social Welfare (Consolidation) Act 2005 (as amended). The Appeals Officer revised his decision and the appeal was allowed on the 6th August 2014.