25/10/2012

Govt Seeks Legal Advice Over Illegality Of Mobility Allowance

The Government is seeking legal advice on its options with regard to the Mobility Allowance, Tánaiste Eamon Gilmore has told the Dáil.

It follows a report from the Ombudsman that found the department of health has been illegally operating the scheme for the past 12 years.

"It is not the Government's wish to withdraw the Mobility Allowance from those who currently receive it," Mr Gilmore said in response to questions from Sinn Féin.

"The Government is seeking legal advice as to how we can proceed in a way that is reasonable, sustainable and does not cause undue distress to those in receipt of the allowance."

The report, Too Old to be Equal, says the department has known about this illegality since at least 2008. However, despite agreeing in April last year to remove an illegal upper 66 years age limit, it has failed to do so.

The department said acting on the Ombudsman's recommendations would create liabilities the State cannot afford.

The Disability Federation of Ireland has said it is "extremely worrying" that the department continues to act outside of the law by illegally operating the scheme.

(H)

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