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Annual Report of the Ombudsman 2003

Chapter 3 - Department of Social and Family Affairs - Carers Allowance Refused

Department of Social and Family Affairs

Carers Allowance Refused

I received a complaint from a woman about a decision of the Department of Social and Family Affairs to refuse her application for Carers Allowance.

In January 2002 the woman started to care for a seventy-seven year old lady suffering from feebleness and confusion. She applied for Carers Allowance but was turned down by the Department on the basis that she was in full employment.

The woman had resided with the old lady for almost two years, and it was her contention that this residence was now her home. She provided full-time care and attention to the old lady and had obtained qualifications by attending courses dealing with elderly care. Her view was that, in these particular circumstances, she was not in full time employment outside her home. In the course of my examination of the complaint the old lady died.

I examined the relevant legislation and confirmed that one of the conditions was that the carer should not be engaged in employment/self-employment outside her home. The legislation was silent on any aspect of employment or self employment within the home. It appeared to me that the fundamental points at issue i.e. the interpretation of the word "home", the Department's position regarding the award of Carers Allowance to persons engaged in employment/self employment in the home, the interpretation of the term "employment" and the rationale that led to the conclusion that the complainant was employed, had not been fully considered by the Department.

I put these issues to the Department. Following a review of the matter it agreed, in the light of the unique circumstances of the case, to award Carers Allowance to the complainant as an exceptional measure and without prejudice to further cases of this nature. Arrears of €5,353 were subsequently paid to the complainant.

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