A Social Welfare Appeals Officer has found the mother of a son with learning difficulties, behavioural issues and mental health problems is entitled to receive Carer’s Allowance. She was also awarded €10,000 in arrears. Her allowance had been terminated by the Department of Social Protection (DSP) on the grounds that her son no longer required full time care. The criteria for Carer’s Allowance are set out in Section 4 of the Social Welfare Act 2015 which sets out that the care recipient should require full time care in order to avoid danger to themselves. Such care should be required for at least 12 consecutive months and arise from a condition certified by a medical practitioner. In appealing this decision, she was represented by Community Law and Mediation Northside (CLM).
CLM made written submissions to the Social Welfare Appeals Office including medical evidence which highlighted the fact that the young man’s diagnosis had grown more complex than when it was reviewed by the DSP. Notably, the deterioration of his mental health now meant that he required near-constant supervision. It was submitted that the report of the DSP’s Medical Assessor was of limited evidential value as the opinion arose solely from a desk based assessment. CLM argued that the format of the CR1 form, the medical form used to assess applications for Carer’s Allowance, is insufficient and inadequate as it does not allow for a full description of the mental health and behavioural difficulties of the caree.
At an oral hearing in June the Appeals Officer allowed the appeal and awarded arrears from the date the payment was first terminated, leading to a total arrears payment of €10,000. The Appeals Officer stated that the new medical evidence made it clear that the care recipient met the criteria set out in the legislation.
Following its 2005 report The Social Welfare Appeals System: Accessible & Fair? CLM established Casebase, an anonymised database of social welfare appeals decisions. The Social Welfare Appeals Office do not publish their decisions, apart from a selection of case studies published in their Annual Report. CLM aims to promote greater transparency in the Social Welfare Appeals systems through the Casebase project. By providing a database of decisions, CLM aims to provide greater clarity on the reasons for an Appeals Officer’s decision, encourage the Social Welfare Appeals Office to take a consistent approach to cases, and assist members of the public and voluntary organisations/NGOs in deciding to appeal decision and in the preparation of appeal submissions. The Casebase can be accessed on CLM’s website here.
A copy of this decision will be adding to the Casebase shortly, however in the meantime CLM’s report on the appeal can be read here.