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Annual Report of the Ombudsman 2008 (text version)

5.2.3 Selected Cases - Refusal by council to pay a disabled persons grant revised - €17,202 paid

Waterford County Council refused to pay a man a disabled persons grant (DPG) for three main reasons:

A) As the applicants income of €37,272 was in excess of the new limit of €32,000, he did not qualify for a grant.

My Office pointed out that:

1. The income limit was introduced on 10 March 2003.  The complainant’s application was lodged on 5 March 2003, before the introduction of the income limit.  The council back-dated the new scheme to 1 January 2003, thereby purporting to exclude his application from eligibility,
2. There is a presumption in law against giving retrospective effect to rules or legislation that will have the effect of penalising a person, and
3. The decision to back-date the new scheme to a date prior to 10 March 2003 was ultra vires the power of the council.

B) The application was invalid until the tax certificate was submitted on 18 March 2003 and therefore only became a valid application after the new income limit was introduced.

My Office pointed out that:

1. The disabled persons grants scheme provides, in relation to "tax clearance measures", that "A disabled persons grant shall not be paid unless the applicant for the grant furnishes to Waterford County Council his/her tax reference number and details of his/her tax district and a statement that, to the best of his/her knowledge, his/her tax affairs are in order", and
2. It seems that what is required is that the applicant's tax affairs are in order at the time when payment of the grant falls due.

C) In full knowledge of the disabilities and special requirements arising, complainants purchased a house, which was patently unsuitable.

My Office pointed out that:

1. There is no restriction in the scheme on a person purchasing a house, new or old, and then applying for a disabled persons grant to modify that house, and
2. It may not always be possible to purchase a new house that has been adapted to the needs of the disabled person.

The council reconsidered the case and decided that a grant of €17,202.90 would be paid.

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