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


Grey Area

Well-known member
Joined
Aug 15, 2011
Messages
4,855
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'
 

bactrian

Well-known member
Joined
May 11, 2004
Messages
1,228
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.
 

asterix

Active member
Joined
Dec 19, 2008
Messages
288
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
 

Shpake

Well-known member
Joined
Oct 17, 2012
Messages
5,374
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.:shock:
 

Thady Quill

Well-known member
Joined
Feb 24, 2012
Messages
413
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. :mad:
 
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