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Dublin: 10 °C Saturday 18 May, 2013

Government “considering legal advice” over mobility allowance

Tánaiste Eamon Gilmore said today that the government will be seeking legal advice before it proceeds on acting on the “illegal” upper age limit for the allowance.

Tánaiste Eamon Gilmore
Tánaiste Eamon Gilmore
Image: Sam Boal/Photocall Ireland

THE GOVERNMENT IS considering legal advice after the Ombudsman declared that an upper age limit placed on the mobility allowance is “illegal”.

During today’s Leader’s Questions, Sinn Féin Deputy Mary Lou McDonald asked Tánaiste Eamon Gilmore what the Government is going to do about the mobility allowance scheme following the report.

Gilmore said that this matter:

requires further consideration by the government in order to meet the requirements of Equal Status Act and to ensure there is no hardship for those currently in receipt of the mobility allowance. We are seeking further legal advice as to the options available to the government.

He said that the government does not wish to withdraw the allowance from those currently receiving it, and it will be seeking legal advice so it can proceed in a way “that is reasonable, sustainable and does not cause undue distress to those in receipt of the allowance”.

There are 4,500 recipients of the allowance from the HSE, at a cost of €12 million. The basic criteria for the allowance remains that the person must be not be able to walk or be in such a condition that the exertion required to walk would be dangerous to their health.

The Tánaiste said the government “respects the Ombudsman and the office of the Ombudsman”.

Read: Department of Health ‘illegally’ put age limit on disability allowance>

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Comments (14 Comments)

  • I’m amazed that mobility allowance should be stopped when you reach a certain age. Do you suddenly become fully mobile again then?

    The government will spend more money on legal fees than on giving people their legal entitlements. Pity someone didn’t notice this earlier and take the government to court for what’s rightfully due.

    More evidence of the small meannesses perpetrated by government while they continue to live in the style to which they have become accustomed. And before anyone gets on their high horse, it’s not just this government, all governments in this country have defended the indefensible through the courts. Hope they find against the government.

    Reply
    • Mary, just to clarify, as far as I know the payment is not stopped for people when they reach the age of 66 the issue here is that anyone over the age of 66 are not being allowed to claim. And to be clear I do not agree that that should be the case, it is a small sum of just over €200 per month to give our elderly citizens the chance to get out of their homes and afford them some freedom. Perhaps this administration would rather just lock them in cattle sheds and feed them shite for this remaining years…. Oh wait… They are feeding us all shite at the moment.

      Reply
    • @ Elizabeth Gibson. I take your point but the result is the same for the over 66′s. They’re not getting a payment they should be entitled to. I probably should have said ‘effectively stopped’.

      Reply
  • Dispicable to even think of withdrawing those payments to certain people. The government are an embarrasment to us. Did they consider taking legal advice when they decided to blow billions of euro by bailing out underperforming and unscrupulious banks ? I think not.

    Reply
  • Seeking legal advice so they can shaft those entitled to it, then send the money to Germany so he can win an award too just like his f?hrer

    Reply
    • Hold on while I get the legal priesthood to look up the liturgical documentation and wave a spell over our state crimes so the taxpayer can pay in the next generation when the compensation case comes up before the Tribunal.

      Reply
  • So the civil service can ignore the law by saying it would cost too much to obey it but Joe Public who says he cannot afford to pay the Household Charge because it would cost too much will be prosecuted.
    ‘Tis a mad world, my masters.

    If transgendered or gay couples were affected by this rule the Garbally Boy would be sounding off about civil rights, but it seems this is not an issue in Shankill, or wherever it is that Gilbore’s bourgeois supporters live.

    Reply
  • Another new Low !

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  • Really, the comments are bad on this one. The Government are considering /taking legal advice. That means they have asked the Attorney General. She replies “yes” or “no”. What the hell is the delay?

    Reply
  • Em is it not just as the article and the law says “illegal”

    Reply
  • I note that gilmore does not mention those that are denied access to the mobility allowance.

    Reply
  • Popcorn 25/10/12 #

    Gilmore for Taoiseach.

    Reply
  • I note that gilmore does not mention those that are being denied the mobility allowance.

    Reply

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