Seanad debates

Thursday, 14 February 2019

Nithe i dtosach suíonna - Commencement Matters

Primary Medical Certificates

10:30 am

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail) | Oireachtas source

I am glad to have the opportunity to raise this issue. I am raising it on behalf of my colleague and friend, Councillor Ciaran Brogan, in Donegal, who has brought to my attention concerns from constituents in Letterkenny and other parts of the county around the primary medical certificate. I have also received queries from people from various parts of the country in recent weeks on this issue.

The problem relates to the primary medical certificate issuing. Effectively, the primary medical certificate is required for tax reliefs that are available for the purchase and use of specifically-constructed or adapted vehicles by drivers and passengers with a disability. Traditionally, the certificate was also used for the motorised transport grant, but that grant is gone now and I call on the Government to reinstate it as quickly as possible.The qualifying criteria for the primary medical certificate is so stringent as to make it almost prohibitive for anyone to qualify unless he or she has a very severe disability, which is unfair to people who have genuine life-limiting disabilities. The criteria is comprised of six elements and effectively a person must be without both arms, without a leg, and confined to a wheelchair. The criteria are much too stringent and prohibitive.

The initial application is submitted to the HSE at a local level. If the application for a primary medical certificate is refused, the applicant can lodge an appeal with the Disabled Drivers Medical Board of Appeal, which is based in a hospital in Dún Laoghaire. I have dealt with a number of cases on behalf of individuals who have gone through the appeals process having initially been refused. I have spoken to the medical professionals involved with the appeals board in Dún Laoghaire as well and they have told me that the criteria are far too strict. They have also said that they have the deepest sympathy for the individuals who come through the doors of the hospital to lodge an appeal, but the hands of the medical professionals are tied because of the criteria, which are very unfair.

I will give three examples of individuals who have contacted me about these cases. The first one is a young blind lady in Donegal who is a constituent of Councillor Ciaran Brogan. Recently she underwent a kidney transplant and her mobility is severely affected. She requires a car or transportation to get to college and study and also to work. She went through the process but she was refused in Dún Laoghaire at the appeal level. Again, the situation is very unfair. I know of a young man in his 30s living in Letterkenny, County Donegal, who lost one arm due to a severe form of cancer. He is severely disabled yet he has been refused a primary medical certificate. Again, that is wrong. I know of a young mother in County Meath who lost an arm due to a rare form of cancer. Again, she was refused the primary medical certificate. I am speaking about genuine people who qualify under any other criteria in terms of having a disability and certainly their mobility is severely affected.

I call for the scheme to be reviewed and for it to take into consideration a proposal to have a tiered system so that the criteria would allow individuals who have lost one arm or who have a less severe disability to qualify for a tiered approach to grant aid or tax exemption under the scheme. Both of these things are required and I hope that the Minister of State will have some news about the scheme.

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