John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 326: To ask the Minister for Finance if an application for a primary medical certificate will be reconsidered in the name of a person (details supplied) in County Kilkenny in view of the fact that the specific request made by their orthopaedic surgeon and their general practitioner that they be granted a certificate; if the Health Service Executive will examine their case to determine the support or grant assistance will be given should the certificate be refused; and if he will make a statement on the matter. [10273/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I assume the Deputy is referring to the disabled drivers and disabled passengers — tax concessions — scheme. The medical criteria for the purposes of the tax concession under this scheme are set out in the disabled drivers and disabled passengers (tax concessions) regulations 1994. Six different types of disablement are listed under the regulations and a qualifying person must satisfy one or more of them.

The six types of disablement are as follows: persons who are wholly or almost wholly without the use of both legs; persons who are wholly without the use of one of their legs and almost wholly without the use of the other leg such that they are severely restricted as to movement of their lower limbs; persons without both hands or without both arms; persons without one or both legs; persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs.

It is a fundamental requirement for admission to the scheme that the applicant meets the specified medical criteria and is in possession of a primary medical certificate to that effect, issued by the appropriate senior area medical officer, who is an official of the local Health Service Executive. I have no function in deciding whether individual certificates are issued. Where the issue of the required certificate is refused, this can be appealed to the disabled drivers medical board of appeal, an independent body, whose decision is final.