Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue.

The disabled drivers and disabled passengers (tax concessions) scheme provides relief from VAT and VRT, up to a certain limit, on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant and an exemption from motor tax. To qualify for the scheme, an applicant must be in possession of a primary medical certificate, PMC. To qualify for a PMC, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of a number of conditions which, as the Senator can see, have been detailed.

The senior medical officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria.A successful applicant is provided with a PMC which is required under the regulations to claim the reliefs provided for in the scheme. An unsuccessful applicant can appeal the decision of the senior medical officer to the Disabled Drivers Medical Board of Appeal, DDMBA, which makes a new clinical determination in respect of the individual. The regulations mandate that the DDMBA is independent in the exercise of its functions to ensure the integrity of its clinical determinations. In the event that an appeal is unsuccessful, a citizen can reapply for a PMC after six months if there has been a deterioration in his or her condition.

The scheme represents significant tax expenditure. Between the VRT and VAT forgone and fuel grant provided for members, the scheme represented a cost of €65 million in 2017. This figure did not include the revenue forgone in respect of the relief from motor tax provided for members of the scheme.

The Minister for Finance recognises the important role the scheme plays in expanding the mobility of citizens with disabilities and that the relief has been maintained at current levels throughout the crisis, despite the requirement for significant fiscal consolidation. He understands and fully sympathises with any person who suffers from a serious physical disability and cannot access the scheme under the current criteria. However, given the scale and scope of the scheme, any possible change could only be made after careful consideration and taking into account other schemes that also seek to help with the mobility of disabled persons. The issue of mobility grants for disabled persons needs to be examined in a broader context to include all schemes that serve disabled persons and recognise the current scale and scope of the disabled drivers scheme. There are no further plans to review the medical criteria for eligibility.

To a degree, the response is accurate. The Senator has outlined an experience similar to what I have seen on the ground in representing people in my constituency of Wexford. The medical officers and those who decide on appeals can only apply the rules. While there is a degree of discretion, it only applies if the criteria are met. The case outlined by the Senator does not meet the criteria. A larger conversation is required in that regard, but since there are no plans, it is a matter for others in this or the Lower House to propose an expansion of the medical criteria under the scheme.