Note: This case concerns the Mobility Allowance. This is not a Social Welfare Scheme. It is an Allowance administered and paid by the Health Service Executive. We have included this case as the Allowance is only available to those who pass a means test, and its terms are compatible with the description and category ‘social welfare’. Following the failure of the Claimant’s appeal to the HSE Medical Review mechanism, he/she initiated proceedings, under the Equal Status Acts 2000 – 2008, concerning the basis of the refusal of MA. The origin of these proceedings is considered in a separate case file entitled G0024 which is also available on our website for your review.
This case concerns an appeal taken by the Appellant to the Equality Tribunal concerning the medical criteria an individual must satisfy in order to qualify for Mobility Allowance (MA). The Appellant argued that the criteria are discriminatory as they do not apply to individuals with a mental disability and this was accepted by the Equality Officer. This decision however was successfully appealed to the Circuit Court by the HSE who argued that they were not the correct respondent (defendant) in the case. This argument was accepted by the Court.