Benefits & Entitlements
- Entitlements
- Assessment
- DCA
- Respite
- Home Support
- Carers Allowance
- Carers Benefit/Leave
- Carers Leave Act
- Medical Card
- Long-Term Illness
- Home Tuition
- Tax Credits
- VAT Refunds
Benefits & Entitlements.
There are a number of Benefits, Entitlements and Allowances that can be applied for to help your child with Autism. Some of these are on an entitlement basis based on the disability, some are means tested, some are age dependent and some are needs based.
It can be very confusing trying to make sense of all these especially if you are trying to come to terms with a new diagnosis. We have tried to clarify the various options below. Some of these will apply to you and hopefully the hints and tips we give will help when completing the forms.
- Our first tip is to ensure you have copies of all your child’s assessments and reports. Always keep the originals yourself and have a pile of copies to hand at all times.
- Work through the forms one by one, they are not as complicated as they seem. Once you have completed the form always keep a copy. Get a lever arch file and create sections for each separate application. You can then file all correspondence to do with that application in the relevant section.
- If you are applying for something which involves making a number of phone calls it is worth making a call sheet to keep a record of all calls. This is basically an A4 sheet you keep in your folder with the following headings: Date, Person Spoken to, Action or Message. It can be frustrating at times making endless calls to seemingly faceless offices but we have found over the years that the best way to get results is to be pleasantly persistent. I.e. always be polite to the person on the phone but keep a log of the calls and always follow up calls.
This information is available in the public domain and cannot be construed as professional, technical or legal advice. It is a summary of information from Government Websites and the Inland Revenue Website, standard textbook information and personal accounts and experience. This list is based on our knowledge at the time and is not exhaustive.
Assessment of Need
Domiciliary Care Allowance
Respite
Home Support
Carers Allowance
Carers Benefit & Carers Leave
Medical Card
Long-Term Illness Scheme
Home Tuition Grant
Tax Credits & Allowances
Further information can be found in the dedicated tabs on the left (top for some mobile users). Please select a tab to view the information.
Assessment of Need.
On June 1 2007, Part 2 of the Disability Act 2005 became law. Under Part 2 of this Act, children with disabilities have a right to:
- An independent assessment of their health and educational needs arising from their disability
- An assessment report
- A statement of services they will receive
- Make a complaint if they are not happy with any part of the process
Who can apply?
Any parent who feels that their child, born after 1st June 2002 and regardless of their age at time of application, may have a disability can apply for an assessment. An application can also be made by a guardian or a personal advocate assigned by the Citizen’s Information Board (call 1890 777 121 or visit www.citizensinformation.ie).
What is an Independent Assessment of Need?
An independent assessment of need is an assessment of the full range of your child’s needs associated with his or her disability. After this you will receive an assessment report detailing your child’s health and educational needs and the services required to meet those needs.
Who will carry out the assessment?
Your first point of contact is your local Assessment Officer who is responsible for your child’s assessment. Each Local Health Office has an Assessment Officer. They can assist you with your child’s application and help support you through the process. The Assessment Officer is responsible for issuing your child’s assessment report.
The assessment is independent, based solely on your child’s disability needs and is carried out regardless of the cost or the availability of services. All assessments will be carried out in line with the standards developed by the Health Information and Quality Authority. You will be encouraged to take part in your child’s assessment.
Where do I apply?
Applications must be made in writing on a standard form which is available from your Local Health Office. Call the HSE information line 1850 24 1850 or visit www.hse.ie for a list of Local Health Officers in Ireland. Alternatively you can contact your Assessment Officer and the form will be posted to you. The form is currently not available online to download.
How long will it take?
Your child’s assessment must start within 3 months from when the completed application form is accepted by the HSE. It must be completed within a further 3 months from the date on which the assessment commenced. In exceptional circumstances, the assessment may take longer than 3 months, but must be completed as soon as possible.
What happens next?
When the assessment is complete, the HSE Liaison Officer will prepare a service statement for you. The service statement will say what services and supports will be provided to your child and will be prepared within 1 month of the assessment being completed. You will receive your child’s assessment report and service statement at the same time.
What can I do if I am not satisfied?
If you are not happy with the assessment or service statement, you can make a complaint to the HSE who will arrange for your case to be reviewed. You can complain if:
- The Assessment Officer decides that your child does not meet the definition of disability according to the Act and you disagree.
- The assessment is not done in line with the standards set by the Health Information and Quality Authority;
- An assessment is not started and completed within the agreed timeframes;
- You believe that the content of your child’s Service Statement is inaccurate or incorrect.
- The services in your child’s service statement are not being delivered.
If you are unhappy with the outcome of your complaint you can appeal to an independent appeals office. The determination of the appeals officer is final and may only be appealed on a point of law to the High Court.
Further Information.
Applications must be made in writing on a standard form which is available from your Local Health Office. Call the HSE information line 1850 24 1850 or check visit www.hse.ie for a list of Local Health Officers in Ireland.
Contact details for your local Assessment Officer and Liaison Officer can be found in the Your County section of the website.
Text taken from Assessing your child’s needs Disability Act 2005 – HSE publications
Domiciliary Care Allowance.
This allowance is a great help to parents to allow them to help their child and pay for some of the additional costs that are incurred due to their child’s disability.
The Domiciliary Care Allowance process has recently been reviewed ( IAA were represented on the review and implementation groups) and the new administrative recommendations came into force on the 7th April 2014.
These include new applications forms for DCA, additional medical information forms for relevant cases, and improved feedback on decisions as recommended in the DCA report.
The new forms are :
Further information available on :
It is considered that the new arrangements will allow parents to detail the care needs of their child more comprehensively in the application, allowing for the correct decision to be made at initial assessment on a more regular basis and reducing the need for appeals and consequent delays. The new feedback arrangements will also provide parents with a clearer understanding of the decision should they be refused the allowance.
The revised forms and application/decision/appeals process were agreed across all participants and we hope these will enable all relevant information to be captured on first application and so make the process more user friendly, easier and more transparent for applicants. The DCA Implementation Group will continue to meet, it’s important to note that this is a work in progress and will be reviewed and monitored on an ongoing basis.
It is hoped that the new forms will make the process easier and clearer but the same principles apply :
- Please fully complete the form. E.g. make sure it is explained fully the extra 24 hour care and attention your child with Autism or Aspergers needs over and above another typical child.
- It is important to ensure that you emphasise the way in which your child has needs requiring more attention/time than a typically developing peer.
- Some parents keep a diary of a typical day with their child including the help their child needs with basic tasks such as toileting, dressing and feeding, the extra attention required to ensure the safety of the child, the additional assistance the child needs to communicate and interact.
- In the case of a higher functioning child, the additional time and attention required to complete schoolwork, the need to function from schedules and difficulties the child has with processing information and with organisational tasks that require additional assistance.
- Please send all supporting information with your first application.
- Take a copy of everything before sending.
The person receiving this form does not know your child or family life so in order to help them make a fair assessment of the application it is vital to ensure that the form is fully completed.
If you have any queries on the process please ring the Irish Autism Action Information Officer on 044 9371680.
If your application is not successful in the first instance remember there is an appeals process.
Respite.
Respite is a term generally associated with providing families with a break from caring. Grant Aid is also given to community groups to provide places on summer schemes. Families can make a particular request e.g in relation to summer holidays where they might need extra assistance of help with costs.
Respite requests are made through your Social Worker and are assessed on basis of need. All Home Support and Respite Care workers must have both Garda and health clearance before they can take up employment.
Contact: Your Social Worker
Respite Care Grant.
(Source – Department of Social Protection)
An annual payment automatically paid to all carers in receipt of DCA and Carers Allowance.
Further information at www.welfare.ie
Home Support is a service administered through the Disability Services Team within the Health Services Executive.
Home Support.
All families who have a family member with a disability living with them, and who are known to one of the teams, are entitled to an assessment for the service.
The assessment is carried out by the social worker on the team. This entails discussion around what support services exist for the family and within their extended family and in the wider community, what particular care needs the individual with a disability has and how home support might alleviate the situation.
For some families home support is provided to give parents/carers a break, to spend time with other children in the family or to allow a parent to follow a particular programme by freeing them up to work with the person with disability.
Home support workers have been employed to work with a child on a particular structured activity programme or in a social activity/befriending programme with a young person. Whatever support the family has had can be discussed with the social worker. In some cases home support workers help with housework.
The home support arrangement is reviewed on a regular basis by the social worker. This allows for discussion on any difficulties or issues that have arisen any training needs that have been identified and any changes to the hours or arrangement in general.
- Home support workers do not work bank holidays except in exceptional circumstances. They have annual leave and sickness entitlement. During such leave, there is generally no replacement home support.
- The home support worker can be nominated by the family and in certain circumstances a relative can be used. Otherwise the social worker recruits a home support worker preferably within a close distance of the family home.
- Home support workers are not paid mileage unless they are working for several families. They pay tax and insurance and in some instances if receiving benefit can work up to 10 hours home support each week without affecting their benefit.
- Preschool assistants provided to work with a child in pre-school are paid from the home support budget.
- In some instances home support workers have accompanied families on holidays whereby an agreement was made as to how many hours were being paid for and from which budget.
- Home support workers are not allowed to look after the child or young person they are caring for in their own home nor are they allowed to take them in their car.
Home Support is a service administered through the Disability Services Team/Autism Teams within the Health Services Executive. It varies widely from county to county how this is administered and there are variations to the rules in each area. It is best to contact your team or social worker to understand how Home Support is applied in your area.
You can also apply to your local Public Health Nurse or Social Worker for Home Support.
Contact: Local Health Centre
Please note the difference between the Carers Allowance and Carers Benefit – you may be eligible for Carers Benefit (not means tested) but not for Carers Allowance (means tested).
Carers Allowance (Means Tested)
(Source – Department of Social Protection)
Carer’s Allowance is a payment to people living in Ireland who are looking after someone who is in need of support because of age, physical or learning disability or illness, including mental illness.
The Carer’s Allowance is not payable to everyone, it is mainly aimed at carers on low incomes who live with and look after certain people who need full-time care and attention. There are rules about who may be entitled to claim Carers Allowance and these rules are set out under ‘Rules’ below.
If you are providing care to more than one person you may be entitled to an additional 50% of the maximum rate of Carer’s Allowance each week.
Carer’s Allowance is paid directly into your bank or building society account or by a book of payable orders, whichever you prefer. (Payable orders may be cashed each week at a Post Office chosen by you.
You will also qualify for free household benefits (such as Free Electricity/Natural Gas/Bottled Gas Refill Allowance, Free Television Licence, Free Telephone Rental Allowance) and a Free Travel Pass.
Carer’s Allowance is not taken into account in the assessment for a medical card.
If you consider that you have been wrongly refused Carer’s Allowance, or you are unhappy about a decision of a Social Welfare Deciding Officer about your entitlements, you have the option of appealing this decision.
For current details and criteria of how to apply please see Citizens Information
Or
Department of Social and Family Affairs
Social Welfare Services Office
Government Buildings
Ballinalee Road
Longford
IRELAND
Tel :(043) 334 0000 LoCall: 1890 927 770
Application forms are also available at your local social welfare office.
Free Travel.
Is available to (amongst others) recipients of: A Disability Allowance or a Carers Allowance
Note: It is possible to get a Companion Pass which allows the person with the disability to be accompanied by a companion.
Contact: Pension Services Office, College Road, Sligo (071-48371, 01-7043000) or any post office.
Carers Benefit & Carers Leave.
Carers Benefit & Carers Leave is extremely useful for people to take some time off work and receive a weekly payment.
It works in many ways like maternity leave in that your job is held for you to return to and your employment rights are not affected. It does not cost your employer anything.
Carers Benefit/Leave can last for up to two years although you don’t have to take the full two years and can also take it over a number of years. It is also applicable to both parents.
Particularly when a child is first diagnosed and there is a feeling of panic about providing help for your child, the ability to take some time off work with a weekly payment can relieve the pressure for a while and puts a decision regarding work on hold to give you a breathing space.
- Carer’s Benefit is a payment made to insured persons in Ireland who leave the workforce to care for a person(s) in need of full-time care and attention.
You can get Carer’s Benefit for a total period of 104 weeks for each person being cared for. This may be claimed as a single continuous period or in any number of separate periods up to a total of 104 weeks. However, if you claim Carer’s Benefit for less than six consecutive weeks in any given period you must wait for a further six weeks before you can claim Carer’s Benefit to care for the same person again.
If you are caring for more than one person, you may receive payment for each care recipient for 104 weeks. This may result in the care periods overlapping or running concurrently.
Credit Contributions – ‘Credits’.
You will be awarded “credits” automatically for the period you are getting Carer’s Benefit. Credits are awarded at the same rate as your last paid contribution. These credits help protect your future entitlements.
Carers Leave.
Your right to Carer’s Leave from employment compliments the Carer’s Benefit Scheme with regard to leave. Carer’s Leave allows employees to leave their employment temporarily for a period up to 104 weeks to provide full-time care for people in need of full-time care and attention.
The leave will be unpaid but those who propose to avail of Carer’s Leave will have their jobs kept open for them for the duration of the leave.
Eligibility for Carer’s Benefit will not be a prerequisite for Carer’s Leave.
If you think you have been wrongly refused Carer’s Benefit, or you are unhappy about a decision of a Social Welfare Deciding Officer about your entitlements, you can appeal this decision.
Rules.
You may be eligible for Carer’s Benefit if:
- You are aged 16 or over and under 66
- You have been in employment for at least eight weeks in the previous 26 weeks before becoming a carer. You must have worked for a minimum of 16 hours per week or 32 hours per fortnight.
- You are resident in the state.
- You give up work in order to be a full time carer. Being a full time carer means you must be living with or in a position to provide full-time care and attention to a person in need of care who is not living in an institution.
- You are not living in a hospital, convalescent home or other similar institution. However, you may continue to be regarded as providing full-time care and attention, if you or the person being cared for is undergoing medical or other treatment in a hospital or other institution for a period not longer than 13 weeks.
- You meet the PRSI contribution conditions.
- The person being cared for is so incapacitated as to require full-time care and attention and is not normally living in an institution. Medical certification is required unless; the person being cared for is a child and getting Domiciliary Care Allowance. The carer of a child on a Domiciliary Care Allowance need not be the person who receives that allowance on the child’s behalf.
- You must not be engaged in employment, self-employment, training or education courses outside the home for more than 15 hours a week. Since April 2008, the maximum amount you can earn is €332.50 per week.
PRSI Contribution Conditions.
You must have at least 156 contributions paid at any time between entry into insurance and the time the claim for Carer’s Benefit is made and
- 39 contributions paid in the Relevant Tax Year or
- 39 contributions paid in the 12-month period before the commencement of the Carer’s Benefit or
- 36 contributions paid in the Relevant Tax Year and 26 contributions paid in the Relevant Tax Year prior to that.
The contributions do not have to be Class A. Instead, all employment contributions count (except Class S (self-employed) contributions. The Relevant Tax Year is the second last complete tax year before the year in which you make your claim. So, for claims made in 2015, the Relevant Tax Year is 2013.
Tax Implications.
This is a taxable source of income and should be advised to your local tax office.
To apply fill in an application form for Carers Benefit (pdf). This form (CARB1) is also available from your local Social Welfare Office or from the Carer’s Benefit Section, (see ‘Where to apply’ below).
Carers have important legal rights under Irish law. If you think your rights as a carer have been breached, you can make a complaint to the Labour Relations Commission under the Carer’s Leave Act, 2001 (pdf).
For more information on the Carer’s Benefit, contact your local Social Welfare Office or: Carer’s Benefit Section
For more information and current application criteria please see Citizens Information.
Department of Social and Family Affairs
Social Welfare Services Office
Government Buildings
Ballinalee Road
Longford
Tel : 043 334 0000
LoCall: 1890 927 770
Information on Carers Leave from employment is available from:
National Employment Rights Authority
Information Services
Government Buildings
O’Brien Road
Carlow
Tel : 059 917 8990
Locall 1890 80 90
The Carers Leave Act 2001
Some of the main provisions of the Carers Leave Act are:
- There is a minimum service requirement i.e an employee is required to have 12 months continuous service with his/her employer in order to be eligible to apply for Carers Leave.
- Not more than one employee may be on Carers Leave, in respect of any one relevant person, at any one time.
- An employee may not be on Carers leave in respect of two or more relevant persons at any one time. An exception is where the two relevant persons live together. This exception can only be exercised once.
- Employees may not be dismissed because they exercise their right to Carers Leave.
- In general, Carers Leave may be taken as a block or in discontinuous periods, subject to a minimum number of weeks and a maximum of 24 months.
- Disputes about particular entitlements under the Act are, in general, referable to a Rights Commissioner, with a right of appeal to the Employment Appeals Tribunal.
Further information at Citizens Information.
Medical Card.
There is a list of illnesses which automatically qualify for a medical card. This was drawn up a number of years ago and Autism is not on the list but many people with autism have medical cards.
The best procedure is to apply for the medical card for your child. If you are refused, appeal and perhaps contact the IAA information officer, Citizens Advice or local politicians to help your case.
Note the full form has to be completed i.e. even if you are applying for your child on the basis of their diagnosis full financial information has to be completed for the family.
Please ensure you clearly mark on the form and accompanying letter that you are applying on the basis of your child’s medical needs.
As in all applications, ensure a copy of your child’s diagnosis is attached.
To Apply – Forms available in your Local Health Centre
Long-Term Illness Scheme.
In the past if a child has a single diagnosis of autism they were not eligible under this scheme. However, people with a diagnosis which includes intellectual disability may claim for drugs required for the condition.
It has come to our attention that many people with Autism who have not received a Medical Card have successfully applied for a Long Term Illness Card.
It is useful for medical items e.g. if your OT recommended a special chair to help with posture they might be able to purchase the chair from the long term illness budget if your child has a long term illness card.
Contact: Your local health board.
Further details on
HSE – Your Guide to the Long-Term Illness Scheme
Or
Home Tuition Grant.
The home tuition grant was originally meant to provide a teacher in the home of a child who, because of disability or illness, was unable to attend school. Children with autism can now avail of this grant to provide tuition if there is no school placement available.
The current allocation is 10 hours between 2.5 and 3 years old, then 20 hours for children age 3+.
The Home Tuition Scheme – Acceptable Qualifications for Home Tuition Providers.
As tuition takes place outside the usual school structure it is important that home tutors are qualified to provide an educational programme. Accordingly, it is a condition of the scheme that parents must recruit a fully qualified teacher who is registered with the Teaching Council of Ireland.
Where all efforts have failed to secure the services of a teacher qualified to teach in the sector concerned, the Department may consider the engagement of a person who is registered with the Teaching Council and has a primary degree (minimum Level 7 on the National Framework of Qualifications) in a relevant area, e.g. Psychology.
The Home Tuition Form can be downloaded from www.education.ie – type “home tuition” in the search box.
The Department of Education and Science allocate a grant of a number of hours at the current rate. Home Tuition grants are paid using two separate methods:
(A) If home tuition is provided by a teacher who is currently on the primary teachers’ payroll of the Department of Education and Skills as a permanent primary school teacher, payment will be made directly to the teacher through the Department’s payroll.
A completed claim form signed by both the parent and the teacher should be returned to the payments section at the end of each month. Parents must not pay their tutors who are permanent primary school teachers as the Department will not refund any payments made by you.
(B) If home tuition is provided by a teacher / tutor who is NOT currently on the primary teachers’ payroll as a permanent primary school teacher, payment must be made directly to the legal guardian. Such payments are made only be Electronic Funds Transfer (EFT) directly into the bank account of the legal guardian only. Direct payment into the bank account of a tutor is not permitted. Only the parent / legal guardian of the child can seek payment of Home Tuition. You must also present an up to date Tax Clearance Certificate when claiming Home Tuition in lump sum form.
Contact Special Education Section at 0902-74621 or 01-8734700
Also
Citizens Information special needs education in primary schools
The 2015/16 Home Tuition application form and guidelines are here.
You can find information on your local SENO here
Source – Department of Education & Skills
Tax Credits and Allowances.
Incapacitated Child Tax Credit.
This Tax Credit can be claimed by the parents of a child with a permanent disability. To apply use the application form at the end of the page. It is important to state whether the Allowance is being claimed for previous years. Advisable to send copy of diagnosis/Psychologists Report for backup.
Further Information from:
Home Carers Tax Credit.
Available where one person works in the home caring for a dependent child.
Health/Medical Expenses Relief. (Med 1)
This is a general allowance which covers all family members for expenses not covered by private health insurance. Under certain conditions it may cover Speech & Language, Psychologists and OT. This can be claimed retrospectively each year on the MED 1 form.
You may claim tax relief on a Form MED 1, at the standard rate of tax (20%), from 1 January 2009 (with the exception of nursing home expenses for which tax relief is still available at your highest rate of tax) for certain medical expenses incurred by you, on your own behalf or on behalf of another person. Most medical expenses, with some exceptions e.g. routine dental and ophthalmic care, qualify for relief.
You cannot claim relief for any expenditure which has been or will be reimbursed, e.g. by Hibernian Aviva Health, Quinn-healthcare, VHI, a Health Authority, or where a compensation payment is made or will be made.
Please note that this like all TAX Credits and reliefs can be claimed retrospectively with a four year limit at the rates that applied in those tax years.
Many medical and therapy expenses are allowable on the Med 1 form. This and all other forms can be downloaded from www.revenue.ie. You do not have to send in receipts but keep them at home in case of inspection. It is best to complete the form as clearly as possible and also send a cover letter explaining your child’s diagnosis and a copy of the diagnostic report. This is well worth claiming, especially if you are a higher rate taxpayer, as it is one of the few reliefs allowable at the higher rate.
If you have a private medical insurance then you must claim from them first and then claim the balance of unrecovered expenses on the Med 1 form.
All the medical expenses of the family are allowable although the first 125 per year of an individual or 250 of a family is excluded. The following are examples of what can be claimed:
- Doctors & Consultants Bills
- Unreimbursed Hospital Expenses
- Drugs and medicines (prescribed). Note the threshold for the drugs payment scheme is 70 euro per month so therefore generally expenses over this amount can be claimed
- Supply and repair of medical and surgical appliances used on medical advice (Note you can also reclaim the VAT on items like these but if you do this then can only offset the net amount on the Med 1.
- Speech Therapy (remember to see what your private insurance will pay for first)
- Occupational Therapy
- Any other recognised therapy cost incurred due to the disability of your child (again the definition of what is recognised is open to interpretation but as long as a cost is reasonable)
Further information from
VAT Refunds.
If you have a disability and as a result, need to use certain aids and appliances, you can avail of a refund of Value-Added Tax (VAT). People with both physical and mental disabilities can avail of these VAT refunds.
Aids and appliances for which a VAT refund may be claimed are aids and appliances that help a disabled person to overcome his or her disability in the exercise of a vocation or the performance of daily activities.
The aid or appliance must be owned by and for the exclusive use of the person with the disability. If the VAT refund is being sought by a person other than the user of the aid or appliance, the Revenue Commissioners may demand evidence that the aid is solely owned by and for the sole use of the person with the disability.
Examples of eligible aids and appliances include:
- Braille books
- Hoists and lifts designed for incapacitated people, including stair lifts.
- Communication aids.
With relation to Autism VAT relief can be claimed on items such as computers, laptops and printers if these are purchased either to make communication aids for the person with Autism or for the person with Autism to use themselves to support communication.
It may also include items recommended by an occupational therapist e.g. gym and OT equipment special swings etc
It may be necessary to produce medical evidence of person’s disability.
You can get a claim form VAT 61A from Revenue.
You must make your claim within four years from the end of the taxable period to which the claim relates.