This week the Ombudsman, Ms Emily O'Reilly, published her report, “Too Old to be Equal? - An Investigation into the Illegal Refusal of Mobility Allowance to People over 66 Years of Age”. The report follows her investigation of a complaint against the Department of Health.
The Ombudsman found that the Mobility Allowance Scheme discriminates on the ground of age as it includes an upper age limit, which is in breach of the Equal Status Act of 2000.
The report also found that the actions of the Department do not suggest any urgency in seeking to bring the scheme into compliance with the Equal Status Act. This is despite having had the defects in the scheme brought to its attention by a number of bodies, including the Equality Authority.
In September 2008, a Mr Browne from Co Roscommon complained to the Ombudsman on behalf of his sister, about the refusal of the Health Service Executive (HSE) to award her a Mobility Allowance. Ms Browne had applied for the Allowance in June 2008, when she was over eighty years of age. The HSE refused her application on the basis that she was over 66 years of age and, as a first-time applicant, was outside the scope of the Scheme. This decision was upheld following an appeal in August 2008. Sadly, Ms Browne died in October 2010 before the completion of the Ombudsman’s investigation. Despite this, her brother asked that the investigation be completed in recognition of the needs of people like his sister.
Mobility Allowance
Mobility Allowance is paid, subject to a means test, to people who have a disability and are unable to walk or use public transport and who would “benefit from a change in surroundings“, according to the HSE website. It is intended to allow people who are not car-owners to make private transport arrangements from time to time, for example to travel by taxi. Although first-time applicants must be under 66 years of age, people already receiving the Allowance continue to be paid after their 66th birthday, provided they are otherwise entitled. The Scheme operates under the general authority of section 61 of the Health Act of 1970, which provides that a health board (HSE) ”may make arrangements to assist in the maintenance at home“ of a ”sick or infirm person, or a dependent of such a person". At present, the maximum rate of the Allowance is 208.50 euro per month.
Recommendation
In her report, the Ombudsman recommends that the Department of Health should complete its review of the Mobility Allowance and, arising from that review, revise the Scheme so as to render it compliant with the Equal Status Act of 2000. The Ombudsman further recommends that this process of review and revision should be completed within six months of the date of this report. The Department has accepted this recommendation.
