Government fails to guarantee new disability payment by July

The Government has failed to guarantee that an alternate funding stream will be in place for people with disability next July when payments of existing mobility supports are due to end.

Yesterday, the Department of Health could only say it hoped a practical solution could be identified “as soon as possible” to address the problem.

The government decision to scrap the mobility allowance and the motorised transport grant, paid to approximately 5,000 people with disabilities, was announced on Tuesday night. The Department of Health blamed the axing of the two schemes on the burden it would put on the exchequer if they were to operate in accordance with Equal Status Acts.

The department had been repeatedly warned by Ombudsman Emily O’Reilly that by putting an upper age limit — 65 years — on the schemes, they were in contravention of the legislation. Ms O’Reilly also recommended the broadening of the definition of disability under the schemes to include physical, intellectual, sensory or mental health disabilities, where persons affected cannot access public transport.

The upper age limit on the motorised transport grant was removed in 2009 following a ruling by an equality officer, though it is still deemed to be illegal due to its narrow definition of what constitutes a disability.

The upper age limit in the case of the mobility allowance remained. It is understood the manner in which the mobility allowance scheme operates would have been challenged next week in a case due before the Equality Tribunal. The Cabinet was advised earlier this week by the Attorney General to end the schemes, which were operating illegally.

Payment of the mobility allowance will cease in four months’ time. Applications already received by the Health Service Executive (HSE) will be processed and if eligible, the grant will be paid for four months. However, the department was unable to say how many people this applied to, because the HSE does not collate application data centrally. Similarly, while a motorised transport grant applications received in advance of the scheme’s closure will be processed, the HSE could not say how many people this applied to.

The department has set up a review of the schemes chaired by Sylda Langford, but the six other members of the review group have yet to be identified. It is understood some names remain to be confirmed. Health Minister James Reilly and Junior Health Minister Kathleen Lynch have instructed the review group that any solution to address the mobility needs of those affected must be devised within a funding limit of €10.6m. Mr Reilly claims that to extend the schemes along with Ms O’Reilly’s recommendations would cost about €170m per annum.

The Ombudsman expressed her disappointment and surprise at the government move in light of her recommendations. A spokesperson for her office said it was only the second time a recommendation from the Ombudsman had been ignored by government.

Patricia Conboy, director of Older & Bolder said the Government was “achieving legality with an action that defies logic and compassion”.