Title of Payment: Carer’s Allowance Keywords: Carer’s Allowance (CA) - full time care and attention – appeal – medical – appeal allowed

 Case Summary:

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.

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Thursday, 29 June 2017

 Case Summary:

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.

Download the case here