HEAR

The CAO has an Independent Appeals Commission to which recourse may be had by applicants who believe that they have been treated unfairly by CAO, and whose complaints have not been resolved by CAO. The function of the Appeals Commission is to ensure that the rules are applied fairly. The Appeals Commission cannot set the rules aside for applicants who appeal for special treatment.

The CAO Independent Appeals Commission considers appeals in a consistent manner under the following set of tests:

  • Has CAO made an error or omission in instructing the applicant or in processing the applicant’s application?
  • Has the applicant been given clear instructions?
  • Has the applicant been given reasonable opportunity to provide information correct, complete and on time?
  • Has the applicant been given reasonable opportunity to correct errors or omissions?
  • Has some event or circumstance, outside of the applicant’s control, prevented the applicant availing of the above opportunities?

The CAO Independent Appeals Commission will consider appeals from:

  1. Applicants who miss the DARE or HEAR March 1 deadline.
  2. Applicants who missed the DARE or HEAR March 15 deadline, i.e. applicants who applied to DARE or HEAR by March 1 but did not provide any of the required supporting documents by 15 March.
  3. Applicants who miss the July Review & Appeals deadlines, i.e. applicants who met the March 1 and March 15 deadlines, received an ineligible outcome from DARE or HEAR but missed the Review & Appeals deadline.

1. Applicants who miss the DARE or HEAR March 1 deadline

After 31 May 2021, appeals of this nature can no longer be accepted for consideration by the CAO Independent Appeals Commission for entry 2021.

 Applicants wishing to make a March 1 deadline appeal must:

  1. Write to the CAO Independent Appeals Commission stating the nature of their appeal.
  2. Provide objective documentary evidence to support their appeal.

Appeals of this nature must be addressed to:

The Secretary,

CAO Independent Appeals Commission,

Tower House,

Eglinton Street,

Galway, Ireland.

Examples of why an applicant might appeal may include:

  • An applicant who missed the March 1 deadline due to not having a diagnosis for their disability or condition at the time but now wishes to apply to DARE as they have received a diagnosis. Appeals of this nature must be accompanied by documentary evidence from a consultant detailing that onset of the disability or condition occurred before the March 1 deadline and that the applicant had made attempts to get a diagnosis of their condition in a timely manner for the purposes of DARE. (i.e. initiating this by 15 February)
  • An applicant who missed the March 1 deadline due to circumstances beyond their control, for example they were hospitalised for a significant period and as a result missed the March 1 deadline. Appeals of this nature must be accompanied by documentary evidence from a consultant or professional working under the instruction of the consultant outlining the details of the circumstances which prevented the applicant from meeting the March 1 deadline.

2. Applicants who missed the DARE or HEAR March 15 deadline, i.e. applicants who applied to DARE or HEAR by March 1 but did not provide any of the required supporting documents by March 15

Applicants to DARE or HEAR who have missed the March 15 deadline i.e. who have not provided any DARE or HEAR supporting documentation by the deadline can make an appeal to the CAO Independent Appeals Commission on the following grounds.

Appeals relating to missing the 15 March deadline will only be considered

Where a significant difficulty was encountered in gathering and/or submitting DARE or HEAR supporting documents, which was beyond the control of the applicant. The applicant must have made a reasonable and timely effort to get documentation (i.e. initiating this by 15 February).

Where a significant difficulty was encountered in gathering and/or submitting the correct DARE or HEAR supporting documents, which was beyond the control of the applicant, third party or objective documentary evidence must be provided to support this.

Examples of why an applicant might appeal on these grounds may include:

  • They had made reasonable attempts to request DARE or HEAR supporting documents in a timely fashion (i.e. initiating this by 15 February) but had not received documents in advance of 15 March.
  • A significant event occurred which was beyond their control, for example they were hospitalised for a significant period and as a result were unable to gather or submit their documents by 15 March.

Examples of documentary evidence may include:

  • A letter from the relevant body or organisation explaining that the applicant had requested supporting documentation for the purposes of DARE and/or HEAR and due to an oversight or unforeseen delay at the organisations end, they were unable to provide that documentation in a timely manner.
  • Email correspondence with the relevant body or organisation clearly showing that the applicant had requested supporting documentation for the purposes of DARE and/or HEAR and due to an oversight or unforeseen delay at the organisations end, they were unable to provide that documentation in a timely manner. DARE and HEAR reserve the right to verify correspondence with the third party.
  • A letter from a Consultant or professional working under the instruction of the Consultant outlining the details of the circumstances which prevented the applicant from meeting the 15 March deadline.

Applicants wishing to make an 15 March deadline appeal must:

  1. Write to the CAO Independent Appeals Commission stating the nature of their appeal.
  2. Provide objective documentary evidence to support their appeal.
  3. Provide the required supporting documentation e.g. DARE Section B and Section C forms or HEAR evidence of Income and/or Dept. of Social Protection payments.

Appeals of this nature must be made by May 1 to:

The Secretary,

CAO Independent Appeals Commission,

Tower House,

Eglinton Street,

Galway, Ireland.

Applicants who submitted any of the required supporting documentation by the 15 March deadline should not make an appeal to the CAO Independent Appeals Commission. They may avail of the Review & Appeals process if they receive an ineligible application outcome.


3. Applicants who miss the July Review & Appeals deadlines, i.e. applicants who met the March 1 and 15 March deadlines, received an ineligible application outcome letter from DARE or HEAR but missed the Review & Appeals deadline

Applicants who have made a complete DARE and/or HEAR application and have received an ineligible outcome in late June can apply for a Review and Appeal of their application by 2 July 2021 through their online CAO application. 

Applicants who miss the Review and Appeals application deadlines may make an appeal to the CAO Independent Appeals Commission to be considered for this process.

For example:

  • An applicant missed the July 2 deadline due to circumstances beyond their control, for example they were hospitalised for a significant period and as a result missed the July 2 deadline. Appeals of this nature must be accompanied by documentary evidence from a consultant or professional working under the instruction of the consultant outlining the details of the circumstances which prevented the applicant from meeting the July 2 deadline.

Applicants wishing to make a Review and Appeals application deadline appeal must:

  1. Write to the CAO Independent Appeals Commission stating the nature of their appeal.
  2. Provide objective documentary evidence to support their appeal.

Appeals of this nature must be made by 17 July to:

The Secretary,

CAO Independent Appeals Commission,

Tower House,

Eglinton Street,

Galway,

Ireland.

Posted by / April 10, 2017