Written answers

Wednesday, 14 January 2015

Department of Finance

Disabled Drivers and Passengers Scheme

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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146. To ask the Minister for Finance if he will review eligibility for a primary medical certificate in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [49704/14]

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 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, and exemption from motor tax in respect of that vehicle and, up to a certain limit, assistance in respect of fuel costs. To qualify for the scheme, an applicant must hold a Primary Medical Certificate.

To be eligible for a Primary Medical Certificate, an applicant must be permanently and severely disabled and satisfy one of the following conditions outlined in Regulation 3 of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 (S.I. 353 of 1994) which provides that a person shall be assessed by reference to any one or more of the following medical criteria:

  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 required to receive a Primary Medical Certificate. A successful applicant is provided with a Primary Medical Certificate, which is required 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. I would point out that Regulation 6(1)(e) of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994 (S.I. 353 of 1994) provides that the Medical Board of Appeal is independent in the exercise of its functions.

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