Quite an interview on Morning Ireland with the Ombudsman Emily O'Reilly today. Apparently the Department of Health has been illegally operating the mobility allowance scheme for the past 12 years. The Department has known about this illegality since at least 2008. Despite agreeing in April last year to remove an illegal upper 66 years age limit, it has failed to do so. The Department now believes acting on the Ombudsman's recommendations would create liabilities the State cannot afford.
Is this acceptable for the Dept of Health to do so (I presume under the Ministers instruction) given the financial circumstances in this Dept or is it wholly unacceptable for the State to refuse to act within the law regardless of circumstances?
"Minister for Health James Reilly is breaking the law and rejecting international human rights principles by failing to remove an upper age limit to an allowance for people with disabilities, according to a report by Ombudsman Emily O’Reilly."
Disability age limit illegal - O'Reilly
Department illegally operating mobility allowance scheme - Ombudsman