Bernard Durkan (Kildare North, Fine Gael)
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233. To ask the Minister for Finance if a primary medical certificate will be reviewed in the case of a person (details supplied); and if he will make a statement on the matter. [41400/16]

Michael Noonan (Limerick City, Fine Gael)
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To qualify for a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of the following conditions:

- be wholly or almost wholly without the use of both legs;

- 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;

- be without both hands or without both arms;

- be without one or both legs;

- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

Parents may apply to the scheme on behalf of their child, who would be a disabled passenger in the parent's car, once the child satisfies one of the six qualifying criteria.

The Senior Medical Officer for the relevant local Health Service Executive administrative area makes an independent and professional clinical determination as to whether an individual applicant satisfies the medical criteria.  After six months a citizen can reapply if there is a deterioration in their condition.

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. The Medical Board of Appeal's clinical determination is limited to the scope of the six qualifying criteria, and the Board does not have discretion in relation to the application of these criteria.

From time to time I receive applications for assistance from individuals, and whilst I have sympathy for their situations, as Minister I cannot intervene in the decisions made by the Senior Medical Officer or the Disabled Drivers Medical Board of Appeal.