Maria Byrne (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I rise to raise the issue of the primary medical certificate. This is required by people who apply for a disabled driver's pass. The disabled drivers scheme is very positive. There have been a number of initiatives that have been improved in recent years such as the amount of money that is allowed towards the car adaptation. Disabled drivers can park in disabled parking spaces and this helps many people who have severe disabilities. The rules state that applicants: "must be completely or almost completely without the use of both legs, or completely without the use of one of the legs, and almost completely without the use of the other leg to the extent that you are severely restricted as regards movement in your legs, be without both hands or both arms, be without one or both legs, be 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."

While I understand that people with these conditions qualify for this primary medical certificate, I am aware of a case involving a gentleman with no sight in one eye and only 40% sight in the other eye. He is obviously not allowed to drive, but under the scheme a family member can apply for the pass on their behalf and avail of the benefits which go with it. This man also uses a walking aid. Due to the fact that the scheme is so restrictive, there is no scope for discretion which is what I am looking for. Each case would have to be taken on its merits and if people were trying to fool the system I would agree that they should not qualify. However, I would like that some form of discretion would be included in the scheme so that each case would be taken on its own merits if it does not qualify within the original rules.

Eoghan Murphy (Dublin Bay South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Senator for raising this issue in the House. I am very sorry to hear about the difficulties faced by the individual referred to by the Senator. As she will be aware, the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 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. To qualify for a primary medical certificate, 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 the following conditions which the Senator listed in her remarks. The senior medical officer for the relevant HSE administrative area makes a professional clinical determination as to 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 in 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. 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. The criteria to qualify for the scheme are necessarily precise and specific. After six months a citizen can reapply if there is a deterioration in his or her condition.

The Minister for Finance recognises the important role that 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.

From time to time the Minister, Deputy Noonan, receives representations from individuals who feel they would benefit from the scheme but do not qualify under the six criteria. While he has sympathy for these cases, given the scale and scope of the scheme, the Minister for Finance has no plans to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

Maria Byrne (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for his reply. While I understand that there are many people in receipt of the scheme, the Minister of State might take back to the Minister the need to assess individual cases. There is an appeals process but the Minister might consider the inclusion in the regulations of a word relating to discretion.

Eoghan Murphy (Dublin Bay South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Senator for her comments and I will relay the substance of the debate and the changes she is looking for to the Minister. I would remind the House that the scheme was examined in 2015 in order to target the available resources to those most in need of the scheme and, as a result of this, the Minister introduced a significant number of improvements from January 2016. I can give the Senator a list of these, although I am sure she already has them.