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Carers Allowance Case 5

Question At Issue:

Whether Carer’s Allowance is payable to each of two carers on a week on/week off basis.

Background:

The appellants in the case were involved in a fostering arrangement where each cared for a disabled child in her own home on a week-on/week-off basis. This arrangement had been in place for some seven years. There was no residential care involved. A Domiciliary Care Allowance had been awarded by the Health Board and paid to each of the appellants in respect of the period for which she cared for the child.

Oral Hearing:

An oral hearing was held in 2000. Both appellants attended, as did the social worker involved in the case. The appellants outlined the extent of the care required, contending that no one person could provide such a level of care on their own. The social worker supported them in this assertion. She advised that the child was in the care of the Health Board and pointed out that he would be in residential care were it not for the fostering arrangement in question. She contended that this was an exceptional situation and was, to her knowledge, the first such shared care arrangement in the country.

Consideration of the Appeals Officer:

The Appeals Officer noted the extent of the care being provided and observed that the appellants were involved in a labour of love. He concluded, however, that the shared fostering arrangement did not meet the requirement to provide full-time care and attention, as outlined in the governing social welfare legislation. Accordingly, he concluded that the appeal could not succeed.

During 2004, the question of shared care in the context of the qualifying conditions for the Carer’s Allowance was examined in the Department of Social and Family Affairs. It was concluded that while the relevant legislation specified that only one Carer’s Allowance was payable in respect of the full-time care and attention being provided in any particular case, there was nothing in the legislation to prevent payment to a carer on a week-on/week-off basis. In light of this review, and with reference to the Department’s conclusion in relation to the question of shared care, the Appeals Officer re-examined the appeal. He concluded that as the Department had effectively withdrawn its case, it was appropriate to revise his earlier decision with effect from the relevant date in 2000. He determined that each appellant was entitled to receive Carer’s Allowance for any week in which full-time care and attention was provided for the child.

Outcome:

Appeal allowed.

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