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Carers Allowance Case 1

Question At Issue:

Extent of care provided.

Background:

The appellant’s application for a Carer’s Allowance was rejected. A Deciding Officer determined that the level of care provided was not such as to meet the qualifying conditions under the scheme. The care recipient is the appellant’s son who is in his twenties, and is in receipt of Disability Allowance.

Oral Hearing:

The appellant was unable to attend as she had to bring her son to the doctor, and she nominated her husband and her brother to represent her. The Appeals Officer outlined the decision in the case, and the details provided in the appellant’s letter of appeal. He invited her representatives to comment. They provided details as to the health problems experience by the appellant’s son, including arachnoid cyst with hydrocephalus (cysto-peritoneal shunt inserted), and epilepsy. They presented medical evidence indicating that the appellant’s son experiences recurrent seizures and that he cannot co-ordinate hand movements. In addition, he has poor vision, his balance is not good, and he needs support when walking. It was established that no sheltered workshops or rehabilitation programmes had been able to offer him a place. He lives with his parents, and an account was provided of a typical day, and the caring requirements involved. Details were outlined as to his medication, his diet, and his activities during the day. The appellant’s husband indicated that such an outline referred to ‘good’ days; their son suffers from seizures and is brought to the Casualty or Accident and Emergency units of the local hospitals on a regular basis. He asserted that the appellant has devoted her life to caring for their son.

Consideration of the Appeals Officer:

The Appeals Officer considered that it was quite clear that the care recipient in this case has serious health problems. He noted that he has an intellectual disability and requires continual supervision. He noted also that he requires assistance at all times in the management of his medication, and in relation to his bodily functions. He concluded that the level of care provided by the appellant is such as to constitute full-time care and attention in accordance with the legislative provisions of the Carer’s Allowance scheme and that, accordingly, the appeal should succeed.

Outcome:

Appeal allowed.

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