Colm Burke (Fine Gael) | Oireachtas source

I welcome the Minister of State. I am raising this issue as a result of a family coming to me about their 52 year old daughter who has an intellectual disability. The family is the main carer for their daughter. Every morning, for the past 35 years, the family has been driving her to a Cope Foundation facility in Cork, and collecting her every evening. The family applied for the disabled driver’s tax concession grant but was turned down. The family appealed but were advised it would take six to seven months. I find this unhelpful and unsatisfactory, particularly when the parents, who have moved on in age themselves, have been caring for their daughter for that length of time.

SI No. 353/1994, Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, only applies to where a person has a physical disability. Where a person has an intellectual disability, no tax concessions are available. I have examined the regulations and the Act. In my view, it is only a matter of time before someone decides to call for a judicial review of this matter because there is discrimination involved.These parents are providing and caring for their daughter and while they are doing everything possible for her, they are being denied a simple concession they have sought, whereas if the child had a physical disability, they would qualify for each of these concessions. I acknowledge the main issue pertains to the delay I have raised this morning but the other issue, in respect of SI 353 of 1994 and the section of the Finance Act 1989 with which one is dealing and under which the regulations were introduced, also must be addressed. However, the issue is the current delay in dealing with the appeal process. Moreover, my understanding is the appeals must be dealt with in Dublin and even though these people are from Cork, they must travel to Dublin to deal with those appeals. However, the delay is unsatisfactory and I raise this matter in that context.