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Too Old to be Equal?

Date released: 25.07.2011

The Ombudsman, Emily O'Reilly, has today, Monday 25 July 2011, 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, 2000
  • the upper age limit in the Scheme has been illegal since the commencement of the Equal Status Act in 2000
  • 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

The Department has accepted the Ombudsman's findings and recommendations which include completing a review of the Scheme within the next six months.

Background

The investigation follows a complaint made to the Ombudsman by a woman from Co. Roscommon who had her application for a mobility allowance refused as she was over 66 years of age.  The mobility allowance is paid to certain people who have a disability and are unable to walk or use public transport and who would benefit from "a change in surroundings".  The scheme provides that first time applicants must be under 66 years of age.  However, people already receiving the Allowance continue to be paid after their 66th birthday. 

The Ombudsman's investigation discovered that the inclusion of an upper age limit in the scheme was in breach of the Equal Status Act 2000.  The Ombudsman also discovered that the Department has known for a number of years that the scheme is discriminatory.  In 2008, the Equality Authority found that a woman had been discriminated against under a similar scheme, the  Motorised Transport Grant, when she was refused a grant as she was over 66 years of age.  Despite the fact that the Mobility Allowance Scheme has been in breach of the Equal Status Act since 2000 the Department has not displayed any sense of urgency in amending the scheme.  

During the Ombudsman's investigation the Department apologised for its actions and agreed to authorise a retrospective payment to the woman who, sadly, is now deceased.