The client and her husband both work in the South (ROI) and live in the North (NI) with their three-year-old child who has recently received an ASD diagnosis.

They receive Child Benefit from ROI based on their cross-border employment and they have been advised to apply for Domiciliary Care Allowance (DCA) from ROI.

Under EU regulations (and very similar post-Brexit Convention between Ireland and the UK) DCA is regarded as a Family Benefit and is therefore payable in respect of qualified children resident in another EU/EEA member state, or in this scenario a child of a cross-border worker who is resident in Northern Ireland.

The claim should be made in the country of work, which then contacts the other country to ensure that full entitlement is received.

They also recently applied for Disability Living Allowance (DLA) in NI.

While DLA and DCA appear to be similar, the coordination rules categorise them differently therefore the family can apply for both:

• DCA is an Irish family benefit
• DLA Care Component is a UK sickness benefit
• DLA Mobility Component is not affected by coordination rules

It was explained to the client that cross-border employment can sometimes complicate DLA (or its replacement PIP) for cross-border workers and their dependents. As both parents work in ROI, ROI (not the UK) is responsible for their sickness benefits and this responsibility may also extend to their dependent children.

DLA Care Component is classed as a UK cash sickness benefit and can therefore be refused as “The rights the child derives from her family member’s employment take priority over her Independent Right to claim in the UK which is solely based on residence. Reg (EC) 883/04, art 32(1)”

It would therefore appear that DLA Care Component would be disallowed for the child.  However, on 21st April 2023 a judgement overturned this interpretation and instead ruled that the child is entitled in their own right, and that they did not need the safety net protection of their parent’s entitlement across the border. Please note that this is an evolving piece of legislation.  Further information.

It is also important to note that the coordination rules do not apply to DLA Mobility Component which is regarded as a special non-contributory benefit, it cannot be exported and is paid only in the country of residence.

Therefore, in this case, the Mobility Component of Child DLA can be considered for the child as they are resident in NI. (Higher rate only due to child being under five.)

Sources:

• www.gov.ie – Operational Guidelines: Domiciliary Care Allowance
• Citizens Advice – DLA
• AskCPAG
• Border People – Disability Living Allowance for Children
• Border People Briefing Paper – Comparable UK and Irish benefits in cash (pdf)

Page last checked: 20th July 2023

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