Leo Varadkar (Dublin West, Fine Gael)
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Question 155: To ask the Tánaiste and Minister for Finance the terms of reference, functions and purpose of the Disabled Drivers Medical Board of Appeals; if the agency is still operational; the reason these functions cannot be carried out by his Department; the benefits to the Irish tax-payer gained from the work of the agency; and if he will make a statement on the matter. [35071/07]

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Disabled Drivers Medical Board of Appeal was established by the Minister for Finance under the Disabled Drivers (Tax Concessions) Regulations 1989 and is currently regulated by the Department of Finance under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994.

The availability of an appeals mechanism is an essential aspect of the Disabled Drivers and Disabled Passengers scheme which provides relief from VAT and Vehicle Registration Tax (up to a certain limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, as well as relief from excise on the fuel used in the car, up to a certain limit. The disability criteria for these concessions are set out in the 1994 Regulations. In order to qualify for the reliefs under the scheme, an applicant must attain a Primary Medical Certificate, confirming that they are permanently and severely disabled within the strict qualifying criteria set out in the Regulations.

The initial application for a Primary Medical Certificate is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. A person whose application is refused can appeal the decision to the Disabled Drivers Medical Board of Appeal, which may review the decision based on the available medical evidence. The review process carried out by the Board requires medical expertise and, for this reason, a Board consisting of medical practitioners is necessary. Members are appointed by the Minister for Finance on the nomination of the Minister for Health and Children. The Medical Board of Appeal is an independent body whose decision as to eligibility is final.