Written answers

Tuesday, 16 December 2014

Department of Finance

Disabled Drivers and Passengers Scheme

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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195. To ask the Minister for Finance if he or an official from his Department will meet a person (details supplied) who has been refused a medical certificate for disabled drivers. [48332/14]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme 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, repayment of excise duty on fuel, and an exemption from Motor Tax.

To qualify for the Scheme, an applicant must have a permanent and severe physical disability within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations (S.I. 353 of 1994) and satisfy one of the six qualifying criteria outlined in the Regulations which apply to the following persons:

1. persons who are wholly or almost wholly without the use of both legs;

2. persons 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;

3. persons without both hands or without both arms;

4. persons without one or both legs;

5. persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

6. persons having the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The Senior Medical Officer for the relevant local Health Service Executive 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 Regulations.

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. After six months a citizen can reapply if there is a deterioration in their condition.

Given the independence of the Medical Board of Appeal is provided for by Regulation 6(1)(e) of S.I. 353 of 1994, the Deputy will appreciate it would not be appropriate for myself or my officials to meet the citizen in question at this juncture.

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