Catherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

192. To ask the Minister for Finance the current requirements to qualify for a primary medical certificate; if he plans changes to the current criteria; if so, the details of those changes; and if he will make a statement on the matter. [44298/21]

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Disabled Drivers & Disabled Passengers Scheme provides relief from Vehicle Registration Tax and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant.  

The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain charitable organisations. In order to qualify for relief, the applicant must hold a Primary Medical Certificate issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate issued by the Disabled Driver Medical Board of Appeal. Certain other qualifying criteria apply in relation to the vehicle, in particular that it must be specially constructed or adapted for use by the applicant.   

To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the following medical criteria:

- 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. 

The medical criteria were included in Section 89 of the Finance Act 1989 by way of an amendment in the Finance Act 2020.  This amendment arises from legal advice in light of the June 2020 Supreme Court judgement that the medical criteria in secondary legislation was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989 (primary legislation).

While I am very aware of the importance of this scheme to those who benefit from it, I am also aware of the disquiet expressed by members of this house and others in respect of the difficulties around access to the scheme. With this in mind I have asked my officials to undertake a comprehensive review of the scheme, to include a broader review of mobility supports for persons with disabilities, and on foot of that review to bring forward proposals for consideration.

Department officials have been carrying out preliminary work, including an examination of the main issues which will frame the scope of the review. Officials have also been engaging with other Departments in the context of other ongoing work in mobility supports. In particular, the Department has engaged with the Department of Children, Equality, Disability, Integration and Youth in the context of a working group established early last year by the Minister for Justice before the work was interrupted by the Covid-19 pandemic. The group, under the National Disability Inclusion Strategy 2017-2021, was tasked with a review of transport supports encompassing all Government funded transport and mobility schemes for people with disabilities, to enhance the options for transport to work or employment supports for people with disabilities and to develop proposals for development of a coordinated plan for such provision.

It is envisaged that the review group will be established shortly and will include stakeholders from other Departments, the Disabled Drivers Medical Board of Appeal and other representative groups.