Jack Wall (Kildare South, Labour)
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I thank the Minister for coming into the House to take this Topical Issue matter. I understand the procedure in respect of the application for a primary medical certificate, the appeal system and the possibility of a further appeal to the Office of the Ombudsman. I have no problem with this procedure and I know that each board do their assessments and appeals according to the rules and guidelines as laid out. The problem is that the guidelines are too severe and they act as a deterrent to applicants who are seeking to develop their independence to the point where they can move out of the family home, to a rural setting or even further afield, by being able to purchase a properly designed car that suits their needs.

The rules state an applicant must be completely or almost completely without the use of both legs, or completely without the use of one of his or her legs and almost completely without the use of the other leg to the extent that he or she is severely restricted as regards movement in his or her legs, or without both hands or both arms, or without one or both legs, or completely or almost completely without the use of both hands or arms and completely or almost completely without the use of one leg, or have the medical condition of dwarfism and serious difficulties of movement of the legs. A case in point that has further raised my concern is that of a constituent who very sadly had a bad stroke at the very early age of eight years. This caused great concern for his family and despite a huge commitment that saw the family travel to the UK, the US and other countries, their son never regained the use of his arm and hand. Thus from eight years of age, he had to learn to write, eat and dress himself and so forth without that arm and hand. While he sought to move on in life - he has been very successful in this regard through the use of computers and so forth - he cannot get any assistance under this scheme. He underwent the assessment and the appeal was unsuccessful. The next step was the Ombudsman. I informed the family that it would be a fruitless exercise. I said this with the best of intentions and it was not a slight on the office. However, I believe that because the applicant was assessed rightly on both occasions, the office would not and could not change the decision.

Can the guidelines be re-investigated to determine if they are still fit for their purpose? Do the number of refusals far outweigh the number of acceptances for applications for the certificate? Does this raise enough concerns to ensure a review of the system? During the years I have been in this House, the successful percentage has been very small and probably less than 5%. This is a very high refusal rate. I ask that a review be undertaken. If the regulations and guidelines stand up to scrutiny that would be acceptable. At least applicants will know that the guidelines had been reviewed and updated. If it is the case that the guidelines stand up to scrutiny, people will accept that. At the moment it is a frustrating and very difficult time for those who make the application in good faith. They go to the investigation stage and are turned down. When they appeal, in most instances they also fail because they do not qualify under the very difficult and strict guidelines which apply.

However, in almost every case that has come to my attention the feedback suggests the appeals board simply recommends that the person in question go to a local Deputy, Senator or other public representative to see whether something can be done about the guidelines. In the light of this I call on the Minister to see whether the guidelines could be reviewed with a view to ensuring people like the person in question will have an opportunity to move on in life.

Michael Noonan (Limerick City, Fine Gael)
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I thank the Deputy for raising this matter. As he will be aware, the primary medical certificate is required to access the disabled drivers and disabled passengers scheme. An applicant must satisfy one of six medical criteria to receive a primary medical certificate.

I will set out a brief description of the scheme, as it stands. It provides relief from vehicle registration tax and VAT on the purchase of a specially adapted vehicle, assistance with fuel costs relating to the running costs of the vehicle and an exemption from motor tax for drivers and passengers with disabilities who fulfil the medical criteria required to qualify for the scheme.

The primary legislation authorising the making of regulations providing for tax concessions for disabled drivers and passengers is contained in section 92 of the Finance Act 1989. The regulations introduced subsequently to govern the scheme, including the eligibility criteria, are contained in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

To qualify for the scheme an applicant must have a permanent and severe physical disability within the terms of the regulations and, as stated, satisfy one of the six qualifying criteria outlined in the regulations. The senior medical officer of the relevant local Health Service Executive administrative area makes a professional clinical determination on whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a primary medical certificate which is required under the regulations to claim the reliefs provided for under the scheme.

An unsuccessful applicant can appeal the decision of the senior medical officer to the Disabled Drivers Medical Board of Appeal which makes a new clinical determination in respect of the individual concerned. The regulations mandate that the medical board of appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations. After six months a citizen may reapply if there has been a deterioration in his or her condition.

The six qualifying criteria are necessarily strict and precise. To qualify an applicant must be wholly or almost wholly without the use of both legs; be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted in movement of the lower limbs; be without both hands or both arms; be without one or both legs; be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; or have the medical condition of dwarfism and serious difficulties in movement of the lower limbs.

The scheme and qualifying criteria were designed specifically for those with severe physical disabilities. My Department frequently receives correspondence from applicants who do not meet the qualifying criteria but believe they could benefit from the scheme. While I have great sympathy with those who do not qualify, given the scale and scope of the scheme, I cannot expand it further within the current context of constrained resources.

The scheme represents a significant tax expenditure. Between the vehicle registration tax and VAT forgone and the assistance with fuel costs used by members of the scheme, provisional figures indicate that it represented a cost of €48.6 million to the Exchequer in 2014, an increase of €5.1 million on the 2013 cost. This figure does not include the revenue forgone to the local government fund in the respect of the relief from motor tax provided for members of the scheme. There were 4,936 claims for vehicle registration tax and VAT relief and 12,338 claims for the repayment of excise on fuel under the scheme in 2014.

I recognise that the scheme plays an important role in expanding the mobility of citizens with disabilities. I have managed to maintain the relief at current levels throughout the crisis and despite the requirement for significant fiscal consolidation. As such, while I recognise the Deputy's position, given the still challenging fiscal environment, I have no plans to expand the medical criteria beyond the six provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

Jack Wall (Kildare South, Labour)
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Obviously, I understand the fiscal position. However, the qualifying criteria are so strict that many people are being deprived of independent living, etc. because they cannot move from their homes. In many cases, they are financially unable to purchase a car because there are no incentives in place to do so. The Minister set out two figures. I am unsure whether they refer to successful or unsuccessful applicants and call on him to clarify the position. Time and again, all of the disability associations have made representations to me to the effect that the regulations are simply too strict. If the criteria were reviewed, those badly in need could find a way to meet them. Given some of the unsuccessful cases I have come across, I wonder who could possibly be successful. For over 23 years or as long as I have been working with the scheme, the number of successful cases has amounted to one or two at most. Will the Minister, please, examine the matter again to see what could be done? If a review still comes up with the same quantitative answer, we must accept it, but there really is a need to review the criteria from the perspective of those who find themselves in these circumstances. Will the Minister indicate whether it is possible to do this?

Michael Noonan (Limerick City, Fine Gael)
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As I said, it was only with difficulty and pressure from home and abroad that I was able to avoid reducing the benefits during the bad times we had come through. The figures I gave were for the numbers who had benefited from the scheme in 2014. I cannot give the Deputy a commitment that the the scheme will be reviewed. However, we receive submissions from the organisations that have been in touch with the Deputy in advance of budgets and always review these matters. In the context of the next budget and as a matter of routine, we will be reviewing everything, but I am not making a commitment that there will be a change.