The Tánaiste says the government is taking legal advice after the Ombudsman found that the department of health has been illegally operating the mobility allowance scheme for the past 12 years.
The scheme provides financial assistance to people who are unable to walk.
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However the government has limited it to claimants under the age of 66.
The Ombudsman found that the department has known about the illegality of the upper age limit since 2008.
In the Dáil today, the Tánaiste Eamon Gilmore said the government will have to take legal advice on what to do next.
