Ombudsman ruling on grants for disabled to be breached

The Government must breach an ombudsman ruling that tens of thousands of disabled people are entitled to support payments because the State cannot afford the funds.

Ministers admitted that an extra 77,000 people a year were entitled to disability payments following a ruling by Emily O’Reilly.

However, they said they would have to seriously reduce frontline services and other supports if they adhered to Ms O’Reilly’s ruling.

The ombudsman previously ruled that both the mobility allowance and the motorised transport grant schemes were operating in breach of equal status legislation.

Health Minister James Reilly said it was “completely unaffordable” to comply with the ruling and the equal status legislation, adding that his department did not disagree with Ms O’Reilly’s opinion.

At present, €10.6m is spent on the mobility allowance and motorised grant annually. The allowance for 4,700 people, helps them access public transport, while the grant for 300 people helps them use cars for work purposes.

Dr Reilly said multiples of extra claims would apply if the ruling was agreed to. This could result in further “financial pressure” and would be “unsustainable”.

It would mean extra payments amounting to €500m over five years, he told TDs. There would need to be cuts to frontline services, mental health supports, as well as services for older people, he said.

Kathleen Lynch, the junior minister for mental health, said spreading the payments would mean the mobility allowance would be reduced from €208.60 to €12.50 per person, while the motorised transport grant would go from €5,020 to €67.50.

She agreed the State could not afford to meet the payments. To do so, it would require getting rid of 10,000 day-place services for people with disabilities, she said.

Complying with legislation would mean extra allowance payments for 63,500 people a year, while another 19,250 more would be entitled to the grant, she added.

People Before Profit TD Richard Boyd Barrett said he would not be surprised if legal action would be initiated against the department.

“People with disabilities have the right to drive cars,” he argued.

Ambrose McLoughlin, the health department secretary general, rejected claims his department had failed to co-operate with the ombudsman’s office. He said he hoped the issue would be resolved within six months.

Several TDs expressed concern the department would be breaching the law within that period.