Mother challenges refusal of care allowance for child

A mother of three children with autism has brought a High Court action arising out of the social protection minister’s refusal to pay her the domiciliary care allowance in respect of her youngest child, Éadaoin, 2.

Deirdre Sheerin, from Clara, Co Offaly, is challenging the minister’s refusal to pay the allowance.

The payment is made under the Social Welfare Consolidation Act 2005 in respect of children who need continual care in excess of the care normally required of a child of the same age.

The minister, Joan Burton, in her refusal, said the child did not need extra care and did not qualify for the payment.

Ms Sheerin claimed medical reports on Éadaoin’s condition submitted in support of their claim have not been properly considered. She said these reports clearly showed the child qualified for the payments.

Ms Sheerin claimed the minister acted in breach of natural and fair procedures. Ms Sheerin wants her application remitted back to the minister for a decision that complies with all the statutory and procedural requirements.

Derek Shorthall, counsel for Ms Sheerin, told the court all three of her children had been diagnosed as having autism.

Mr Shorthall said that the Sheerins receive the allowance in respect of their two older children. On three occasions last year, Ms Sheerin’s application for the allowance in respect of Éadaoin was refused.

The minister, citing reports from medical assessors, deemed Éadaoin was not a qualified child because the medical evidence was that she did not require substantially more care.

Permission to bring a challenge against the minister was granted, on an ex-parte basis, by Mr Justice Michael Peart, who made the matter returnable to a date in February.