Peter Fitzpatrick (Louth, Independent) | Oireachtas source

People wishing to avail of the disabled drivers and disabled passengers scheme, which provides tax relief on the purchase of specially constructed or adapted vehicles for someone with a disability, are being rejected at community level and then left waiting for an appeal date due to the inaccessibility of a sitting board. To qualify, applicants have to obtain a primary medical certificate via assessment at community level. It does not take a medical qualification to know that the language used for the six criteria is highly restrictive and excludes many people with genuine, severe and permanent disabilities from accessing supports. When deemed ineligible at the community medical officer level, people appeal the decision to the disabled drivers medical board of appeal, DDMBA, the board of which is made up of medical practitioners appointed by the Minister for Finance.

I will follow up on two issues. The first revolves around the concerns raised by DDMBA members about the restrictive and discriminatory nature of the medical criteria for this scheme. People are being asked to prove how bad they are. We tell them they need to be disabled and, in addition to being disabled, that they need to fit into these criteria. Sadly, the people who generally get to avail of this scheme after appeal are people whose conditions have progressed, which means they meet the criteria, such as those with Parkinson's disease.The Supreme Court ruled against the board in June 2020, declaring that the medical criteria failed to vindicate the appellant's rights under section 92 of the Finance Act 1989.

We need a scheme that looks at disability in terms of functions rather than pathology. We should ask about a person's level of function and what the person needs in the vehicle. They should qualify on that basis, whether they are autistic, epileptic or a stroke patient. We need to look at a graded system of support. Some people need big adaptations, such as a special vehicle in which a wheelchair can be placed as they cannot drive themselves, while others just need a specialist seat or a swivel seat. It does not have to mean a big benefit to everybody who qualifies for it.

The second issue is that in November 2021, having received no indication of any significant progress on a new scheme, and 16 months after the Supreme Court ruling, all members of the board resigned. As recently as last week, my office received correspondence from the DDMBA stating that my constituent is on its waiting list for an appeal. However, it is not holding any clinics as there is still no board in place. There are almost 400 people on the waiting list. I ask the Taoiseach please to give an update on this situation regarding both the appointment of a new board and the reform of the existing scheme to ensure fair and supportive eligibility standards.

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