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Annual Report of the Ombudsman 2004

Chapter 4 - Blind Welfare Allowance

Blind Welfare Allowance

In 2002 my Office dealt with a complaint about the failure of the South Western Area Health Board (SWAHB) to pay the correct rate of Blind Welfare Allowance to a particular individual (see page 23 of 2002 Annual Report of the Ombudsman). The error was due to an incorrect interpretation by the Board of guidelines issued by the Department of Health and Children on the matter. The conclusion drawn by my Office at the time was that a) the actions of the SWAHB, in incorrectly assessing the allowance, and which resulted in this underpayment, were taken without proper authority and b) the actions of the Board in incorrectly interpreting the Department’s guidelines, and refusing to amend such incorrect interpretation, constituted an undesirable administrative practice and was contrary to fair or sound administration.

The outcome of the examination of the complaint was that the man was paid at the correct rate from a current date, with appropriate arrears paid in respect of the period during which the incorrect interpretation had affected his payments. Arising from the case other health boards were asked by my Office to review all BWA cases in their areas. As a result, any individual who was in receipt of an incorrect payment had the payment adjusted with effect from 1 January 2002. The health boards furnished the Department with an estimate of the cost of paying appropriate arrears to those individuals in respect of the period prior to 1 January 2002, during which they were affected by the incorrect interpretation.

I pursued this matter with the Department, which accepted that a misinterpretation of its guidelines had taken place, with a view to having the appropriate arrears paid. The Department advised me that, following discussion with the Department of Finance, a sum of €4.3 million has been provided in its budget for 2005 to cover the costs associated with the payment or arrears of BWA. This brings to an end a long running saga which affected a very vulnerable element of our society and I would like to acknowledge the determination demonstrated by the Department of Health and Children in securing the funding in the course of its estimates campaign in 2004.

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