Department of Social Welfare required to offer travel expenses to disabled person

Social Services and Care of Children
Legislation:
Ombudsmen Act 1975
Related legislation:
Disabled Persons Community Welfare Act 1975
Legislation display text:
Ombudsmen Act 1975; Disabled Persons Community Welfare Act 1975
Ombudsman:
Nadja Tollemache
Case number(s):
W28344
Issue date:
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Language:
English

Reimbursement of travelling expenses pursuant to s.13 of Disabled Persons Community Welfare Act 1975—whether application by pregnant diabetic constituted permanent disability—Department decided specialist oversight necessitated by longstanding diabetic condition and approved payment

A complaint was received from a diabetic of long standing about the Department’s decision to refuse her reimbursement of travel expenses, such grants being available under section 13 of the Disabled Persons Community Welfare Act 1975. The application had been declined on the grounds that her pregnancy, which necessitate that as a diabetic she receive regular specialist oversight was neither permanent nor a disability.

Following the Ombudsman’s notification of the complaint that the decision was unreasonable the Department re-examined the case and decided to approve payment of the travel expenses as these had been incurred as a result of the diabetic condition. As a result the complaint was closed because it had been resolved.

This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.

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