Social Welfare Type: Carer’s Allowance

The Appellant had been in receipt of One Parent Family Payment and half rate Carer’s Allowance (CA) in respect of her son, for whom Domiciliary Care Allowance (DCA) was in payment.

On 7 January 2016, the Department of Social Protection (the Department) commenced a review of the Appellant’s entitlement to Carer’s Allowance in respect of the full time care needs of her son, the Caree.  The Appellant submitted, as requested, a completed Medical Report (CR1) on which the Caree’s GP certified that he was moderately affected in relation to his mental health and behaviour.  The Appellant also submitted a school report and further medical evidence, including a medical report from a Consultant Child and Adolescent Consultant.

Following receipt of the papers the Department issued multiple decisions whereby it was asserted that the Caree did not require full time care and attention within the meaning of section 179(4) of the Social Welfare Consolidation Act 2005 (as amended) (the 2005 Act).  Despite decisions having been made that the Caree did not require full time care and attention the Department did not revoke the Appellant’s claim.

In April 2016, the Appellant’s son reached age 16 and therefore entitlement to DCA ceased.  By letter, dated 15 June 2016, the Deciding Officer stopped the Appellant’s Carer’s Allowance with effect from 30 June 2016.

This case relates to the decision by a Deciding Officer in November 2015 to stop payment of the Appellant’s Carer’s Allowance for the reason that he was no longer providing full time care for his wife, ‘the Caree’. The Deciding Officer’s decision was grounded in a report submitted by the Social Welfare Inspector (SWI), and a written statement submitted by the Appellant in which he advised that he was unable to care for his wife. The Appellant had been in receipt of Carers Allowance from April 2010 – November 2015.  There was no dispute with respect to the Caree’s on-going need for full time care; she was in receipt of Invalidity Pension, and suffered from multiple sclerosis and was prone to epileptic seizures.

This case relates to the Appellant’s Carer’s Allowance (CA) claim in respect of his daughter for whom he cares.

The Appellant had been in receipt of Carer’s Allowance and Domiciliary Care Allowance (DCA) in respect of his daughter until 5 November 2013. At this time, the Appellant’s daughter reached aged 16, and therefore, the Appellant could no longer claim DCA in respect of his daughter. She subsequently applied for, and was awarded, Disability Allowance.

When the DCA payment ceased, the Appellant’s eligibility for Carer’s Allowance was reviewed.  A Deciding Officer determined that the Appellant’s daughter did not require full time care and attention and consequently the Appellant was found to be no longer entitled to Carer’s Allowance. The Appellant appealed this decision.  The Appeal was disallowed by an Appeals Officer on 20 June 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 10 April 2015.

The Appellant applied for Carer’s Allowance in 2008. The Appellant applied for Carer’s Allowance as he was the carer of his elderly mother, with whom he lived. The Deciding Officer refused the claim on the basis that the Appellant worked outside the home for more than 15 hours per week. The Appellant appealed the decision. He submitted that he worked outside the home for only 13 to 14 hours per week. The Appeals Officer partially allowed the appeal.

Carer’s Allowance claim. The Appellant (the carer) cares for his wife who is in receipt of Disability Allowance.

The Appellant applied for Carer’s Allowance in September 2005 and was refused on the grounds that the evidence did not support his claim that his wife required “continual supervision” to meet her needs. The Appellant appealed the decision. The Appeal was disallowed.

The applicant appealed a Deciding Officer’s decision in relation to the award of a 50% increase in her Carer’s Allowance in respect of her care for her autistic child backdated to 6 months prior to the receipt of the application. Appellant would like to have the claim backdated to at least 11 or 13 years ago on the basis that her son had been misdiagnosed at that time; Arrears were granted back to the date on which the child reached 16 years of age; consideration to further backdating was brought before the HSE.