Arthur Morgan (Louth, Sinn Fein)
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Question 159: To ask the Tánaiste and Minister for Finance the criteria for obtaining a primary medical certificate; if he will amend the criteria for primary medical certificates; the elements of the certificate he will amend; when they will take effect; if he is satisfied that all applicants are being treated equally and fairly in terms of assessment; and if he will make a statement on the matter. [3910/08]

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to certain limit) on the purchase of a car adapted for the transport of a person with specific severe and permanent physical disabilities, to those who meet certain disability criteria.

The disability criteria for eligibility for the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get the Primary Medical Certificate, an applicant must be severely and permanently disabled and satisfy one of the following conditions:

(a)be wholly or almost wholly without the use of both legs;

(b)be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

(c)be without both hands or without both arms;

(d)be without one or both legs;

(e)be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

(f)have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

As the Deputy will be aware, there was an interdepartmental review of the Scheme. However, given the scale and the scope of the scheme, any possible changes can only be made after careful consideration and with regard to the existing and prospective cost of the scheme and the available resources.

The Senior Medical Officer (SMO) for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. An unsuccessful applicant can appeal the decision of the SMO to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin which makes a new clinical determination in respect of the individual. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.