Michael Healy-Rae (Kerry South, Independent)
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To ask the Minister for Health further to the Ombudsman's recently issued a report, Too Old to be Equal a Follow Up, in that report she makes three recommendations to his Department, if he will make a statement on each of these recommendations regarding implementation of same; and if he will make a statement on the matter. [48727/12]

Kathleen Lynch (Cork North Central, Labour)
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This matter requires further consideration by Government in order to meet the requirements of the Equal Status Acts and to ensure no hardship for those currently in receipt of the Mobility Allowance. We are seeking further legal advice as to the options available to the Government.

The Ombudsman is asking the Department to

- Remove the upper age limit as a condition of the Mobility Allowance scheme with immediate effect.

- Authorise the HSE to reconsider the application for complainants in the report without taking account of the upper age limit.

- Instruct the HSE to reconsider applications since 1 April 2011 which were refused solely on the basis of the upper age limit without regard to the upper age limit.

The Department is not in a position to amend the circular relating to the Mobility Allowance as recommended in the report. The recommendations, if implemented would ignore the very serious financial constraints on the Department, the HSE and the State generally. Implementation of the recommendations would create liabilities that the State could not afford.