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Thread: It's ok to ignore the law if you can't afford to comply with it - Dept. of Health

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    Default It's ok to ignore the law if you can't afford to comply with it - Dept. of Health

    Emily O’Reilly, Ombudsman, is not giving up on trying to get the Dept. of Health to respect the laws of land. Seems that the DOH are of the opinion that it's ok to ignore the law on the basis that they may not be able to afford to comply with it. The issue mobility allowances for disabled people.




    Extending mobility allowance could cost extra €100m

    "THE extension of the mobility allowance to eligible people over 66 years of age would cost more than €100m a year. The estimate was made by the Department of Health after it confirmed it was seeking legal advice following a report by Ombudsman Emily O'Reilly that the age cap had been illegally imposed for 12 years. The means-tested allowance is paid to 4,500 people with severe disability aged 16 to 66 to use on transport such as a taxi."

    "The Ombudsman has again criticised the Department of Health for failing to comply with the Equal Status Acts. In the latest report, on the motorised transport grant, Ms O’Reilly commented that “there can be no justification for allowing this disregard for the law to continue. We are a society ruled by law.”

    However, the department has rejected her recommendation that the definition of disability for the grant be broadened. As in the case of the mobility allowance, it says acceptance of this recommendation would have serious financial implications for the State."

    “Disregarding of the law can never be the ‘right thing’ for citizens or for Government departments.”- Emily O’Reilly

    Keep fighting the good fight Emily!

    PS - A letter in today's IT We would call on all who can, to please add their voice for those who cannot.


    Department of Health 'disregarding law'
    “That which can be asserted without evidence, can be dismissed without evidence.” - Christopher Hitchens

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    Politics.ie Member bactrian's Avatar
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    Quote Originally Posted by Grey Area View Post
    Emily O’Reilly, Ombudsman, is not giving up on trying to get the Dept. of Health to respect the laws of land. Seems that the DOH are of the opinion that it's ok to ignore the law on the basis that they may not be able to afford to comply with it. The issue mobility allowances for disabled people.




    Extending mobility allowance could cost extra €100m

    "THE extension of the mobility allowance to eligible people over 66 years of age would cost more than €100m a year. The estimate was made by the Department of Health after it confirmed it was seeking legal advice following a report by Ombudsman Emily O'Reilly that the age cap had been illegally imposed for 12 years. The means-tested allowance is paid to 4,500 people with severe disability aged 16 to 66 to use on transport such as a taxi."

    "The Ombudsman has again criticised the Department of Health for failing to comply with the Equal Status Acts. In the latest report, on the motorised transport grant, Ms O’Reilly commented that “there can be no justification for allowing this disregard for the law to continue. We are a society ruled by law.”

    However, the department has rejected her recommendation that the definition of disability for the grant be broadened. As in the case of the mobility allowance, it says acceptance of this recommendation would have serious financial implications for the State."

    “Disregarding of the law can never be the ‘right thing’ for citizens or for Government departments.”- Emily O’Reilly

    Keep fighting the good fight Emily!

    PS - A letter in today's IT We would call on all who can, to please add their voice for those who cannot.


    Department of Health 'disregarding law'
    There is a huge stench of arrogance about the Dept's attitude.

    "It's the Law" does not seem to be important to these Civil Servants when money is to be paid to someone else.

    "It's the Law" is of immeasurable importance when their pensions, perks, allowances etc. are under scrutiny.
    Just because you did something stupid yesterday does not mean you cannot do something smart today!

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    Two things:
    1. vindicating rights costs money. Money is finite. Therefore there is an implicit maximum price above which the state cannot afford to vindicate rights. This is a pity, but not a scandal.
    2. that said, the basis for rationing here seems to be purely based on age, not cost-benefit, which is arbitrary and thus IMO unconstitutional

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    Politics.ie Member Shpake's Avatar
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    Now if someone was to say that they couldn't afford to pay their new houselhold charge or property tax.
    Or they didn't pay their income tax because it was too expensive...
    Well yes, these high powered pensions to faceless people are getting to be something of a luxury we can't afford.

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    Politics.ie Member Thady Quill's Avatar
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    These people do not have an entitlement to the allowance, unlike politicians and civil servants for whom this is the magic word, covering pensions etc.

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