L v Chief Appeals Officer & Ors (Approved)

             These judicial review proceedings concern a claim for a form of social welfare benefit known as " domiciliary care allowance ".� This benefit takes the form of a monthly payment to the carer of a child with a severe disability.� The eligibility criteria are prescribed under Chapter 8A of the Social Welfare Consolidation Act 2005.� The principal criteria are prescribed as follows under section 186C of the Act:

(a)���� the child 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

(b)���� the level of disability caused by that severe disability is such that the child is likely to require full-time care and attention for at least 12 consecutive months.

             The practical consequence of this is that, in cases where the child has been diagnosed with a severe disability on the basis of an assessment carried out subsequent to the date of the application, the claimant should submit a fresh application rather than seek to pursue an appeal or revision or judicial review proceedings.�

             It may be helpful to the reader to highlight two further aspects of the appeals process as follows.� The Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998) (as amended) make provision for certain information to be furnished to the appeals officer.� This is provided for under article 10 (as substituted by the Social Welfare (Appeals) (Amendment) Regulations 2011 (S.I. No. 505 of 2011)):