Tom Fleming (Kerry South, Independent)
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To ask the Minister for Health if persons who are genuinely entitled to the mobility allowance and who have been deprived of what has always been rightfully theirs are now going to be put into payment; if their payments will be backdated; and if he will make a statement on the matter. [48737/12]

Kathleen Lynch (Cork North Central, Labour)
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The eligibility criteria for mobility allowance remain unchanged. Therefore people with a severe disability over 65 years of age are not eligible for the mobility allowance and the Health Service Executive is not authorised to pay the allowance to people outside of the eligibility criteria.

The Department of Health has accepted the Ombudsman's recommendation to review and revise the mobility allowance so as to render it compliant with the Equal Status Act.

The 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. The Department of Health is seeking further legal advice as to the options available to the Government. However it must be acknowledged that the extension of the Allowance, as currently constructed, may have serious financial pressures on the health budget and may be unsustainable.

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.