IS YOUR CHID AGED BETWEEN 5 and 7.5? ----THEN THEY MAY STILL BE ELIGIBLE TO APPLY FOR A HSE ASSESSMENT OF NEED

Autistic boy 'in harrowing circumstances' wins case

 

From The Irish Times - Wednesday, December 9, 2009

A HIGH Court judge has rejected claims by the HSE that a severely autistic boy in “harrowing” family circumstances was not entitled to apply for a support scheme on grounds he was aged over five when the application was made.

The HSE had argued that the boy, now aged seven, had to be aged under five when applying for the scheme.
However, Mr Justice Michael Hanna yesterday ruled the boy was entitled to be assessed under the scheme after finding the State had failed to explicitly state a time limit for entitlement to apply for the scheme.
It was regrettable the wording of an order introducing the scheme was not more clear and there was also a lack of transitional arrangements for the introduction of the scheme, the judge said. A considerable amount of controversy and “perhaps heartache” would have been avoided had this been done.
Through his father, the boy had appealed the HSE’s refusal to consider his application to a Disability Appeals Officer (DAO) who in June last found the boy was eligible for assessment under the scheme which assessment, the officer said, should be provided within three months.

The HSE appealed that determination to the High Court which yesterday upheld the DAO’s decision.

The court heard the boy’s father had filed an affidavit outlining the family’s plight and Mr Justice Hanna described the problems facing the child and his family as “immense and harrowing”.

The boy was aged just three months under five on June 1st, 2007, when the Minister for Health and Children approved a commencement order under the Disability Act 2005 providing for a right to assessment.

The HSE argued only those under five could apply for assessment while the DAO contended the Disability Act applied to children under five as of June 1st, 2007. Mr Justice Hanna ruled the literal interpretation of the order meant the Disability Act was to apply to children under five as of June 1st, 2007.


The wording of the Disability Act 2005 leaves it open for any child who is born since 31/05/2002 (and not just those who are aged <5 at the point of application) are eligible to apply for a HSE Assessment on Need.

This decision would allow children who are currently aged between 5 - 7.5 to also apply -a I'm not sure how long this loop hole will remain open ...
- however given the current interpretation of this legislation they are entitled to get a full assessment of need.

SO APPLY NOW ....

(Thanks to Edel for the information)