Appeals against initial refusal of Domiciliary Care Allowance successful 60% of time
More than 60 per cent of parents of
disabled children
win their appeals after being initially turned down for a care support payment, figures show.
The Domiciliary Care Allowance is a €360 monthly payment for parents of disabled children under the age of 16. It is not means tested or awarded based on a child's disability or diagnosis, but is dependent on the level of care a child needs compared to a child of the same age who is not disabled.
According to figures obtained by Fine Gael TD
James Geoghegan
, between 2020 and 2024 there were 35,234 Domiciliary Care Allowances awarded following 52,541 applications. Out of the 17,695 of applications refused, which represents 34 per cent of all families who sought the payment, 11,087 tried to appeal the refusal.
More than 60 per cent of appeals taken saw the original decision overturned in part or in full. In 3,797 cases, a 'deciding officer' overturned the original refusal. In another 203 cases, the appeal was partially allowed. And in 2,912 cases an 'appeals officer' overturned the refusal.
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Mr Geoghegan's figures, which are compiled from a series of parliamentary questions, also show that 67
High Court
judicial reviews were taken after families were refused the allowance during the same time period. Of these judicial reviews taken, 50 resulted in the payment being awarded to the family.
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Mr Geoghegan said he had met families who had to 'fight tooth and nail' for the allowance.
'It does not make sense to me. Especially because, if you meet these children, it's clear and obvious that they have an additional need that's being supported by their parents through one form or another,' Mr Geoghegan said.
He added that the allowance should be accessible to families, who are forced to spend money on private interventions and therapies for their children due to long waiting lists and a lack of services through the publicly funded HSE.
'We're talking about the development of a child here, and the State is struggling to assess that child and provide that child with the services that that child needs,' he said.
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Woman successfully resolves 'test' action over domiciliary care allowance refusal
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Mr Geoghegan said the parents are spending money on private occupational therapists, private speech and language therapists, and private psychologists.
In response, Minister for Social Protection
Dara Calleary
said he is aware of issues experienced by families trying to access the payment. He said he is 'keeping a big focus' on the issue.
'I want to address the delays in appeals; we've allocated extra resources to that. My overall approach to [the allowance] is that it's dealt with empathetically but also efficiently,' Mr Calleary said.
According to the
Department of Social Protection
, the waiting times for the outcome of an appeal against a Domiciliary Care Allowance decision have been cut since the start of this year. By the end of 2024, 1,709 such appeals were awaiting a decision. As of this week, the figure was 489. A spokesman for the Minister said that this was due to 'proactive measures'.
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