Seanad debates

Thursday, 5 May 2022

Nithe i dtosach suíonna - Commencement Matters

Primary Medical Certificates

10:30 am

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

I thank Senator Maria Byrne for raising this issue. I hope I have the right answer to this question because we might have misinterpreted the question here. If I have the wrong understanding of the question, I would be happy to come back with another answer. We took it from the question that the Senator was asking about the appeals board and the appeals adjudicator. If that is not the case, I can certainly come back to her with an updated position. We worked with both the Department of Health and the Department of Finance to prepare a detailed answer on the matter.

The Senator mentioned a specific case, although I know she is raising the issue in general for all the people in her area of Limerick.

The disabled drivers and disabled passengers scheme provides relief from VAT and vehicle registration tax up to certain limits, an exemption from motor tax and a grant in respect of fuel on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities. The relief from value added tax and vehicle registration tax can in some cases be quite generous and rightly so because disabled people need additional assistance, amounting to up to €10,000, €16,000 or €22,000, depending on the level of adaptation required for the vehicle.

Members of the scheme may claim payment of a fuel grant based on a per litre rate in respect of the mineral oil taxes applying to these products. An annual maximum of 2,730 l applies in respect of a driver or passenger, and 4,100 l in respect of an organisation. The fuel grant covers the excise tax elements of petrol, diesel and liquefied petroleum gas, LPG.

In order to qualify for relief, the applicant must hold a primary medical certificate issued by the relevant senior area medical officer in the HSE or a board medical certificate issued by the Disabled Driver Medical Board of Appeal, DDMBA. To qualify for a primary medical certificate, an applicant must be permanently and severely disabled and satisfy one of the conditions as set out in the Finance Act 1989. I will not go through them all as I am sure the Senator is aware of them anyway.

A new Disabled Drivers Medical Board of Appeal is being established following the resignation of all five members of the previous board. An expression of interest seeking suitable candidates for the board closed on 29 April. Applications have been received and an assessment process is under way. Suitable candidates will be recommended to the Minister of Health for nomination and the Minister for Finance will consider any nominees for appointment to the new board.

Requests for appeal hearings can be sent to the DDMBA secretary based in the National Rehabilitation Hospital. New appeal hearing dates will be issued once the new board is in place, which will be very soon.

Claimants already accessing the scheme can continue to do so and assessments for the primary medical certificate by the HSE are continuing to take place. The Minister for Finance has no role in the granting or refusal of primary medical certificates. The HSE and the Disabled Drivers Medical Board of Appeal must be independent in their clinical determinations.

In addition, the Minister for Finance gave a commitment that a comprehensive review of the scheme, to include a broader review of mobility supports for persons with disabilities, would be undertaken. The Minister is working on this matter with the Minister for Children, Equality, Disability, Integration and Youth, Deputy O’Gorman. They have agreed that review should be brought within a wider review under the auspices of the national disability inclusion strategy, NDIS, to examine transport supports encompassing all Government-funded transport and mobility schemes for people with disabilities. The Ministers believe that this is the most appropriate forum to meet mutual objectives in respect of transport solutions and mobility supports for those with a disability.

In this regard, it should be noted that the NDIS transport working group, chaired by the Minister of State with responsibility for disability, Deputy Rabbitte, had its first meeting on 26 January 2022. A stocktaking exercise of existing transport and mobility schemes currently supporting people with disabilities is ongoing ahead of the next meeting of the group. The issue was also discussed at the most recent meeting of the NDIS steering group on 13 April, which included input from stakeholders. The outcome of this review and any recommendations will be brought to the Government for its consideration. I hope that will happen soon and we can get some movement in the area.

With all that, I hope I have covered the answer the Senator was looking for.

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