Written answers

Wednesday, 3 May 2023

Department of Finance

Departmental Bodies

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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116. To ask the Minister for Finance if he will outline the current operation of the Disabled Drivers Medical Board of Appeal; the current membership of the board; when the latest members of the board were appointed; and if he will make a statement on the matter. [20657/23]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The Disabled Drivers and Disabled Passengers Scheme provides relief from Vehicle Registration Tax and VAT on 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 (DDMBA). To qualify for a Primary Medical Certificate (PMC) an applicant must be permanently and severely disabled, and satisfy at least one of the six medical criteria, as set out in the Finance Act 2020.

In the event that a PMC is not granted by the relevant Senior Area Medical Officer an appeal may be made to the independent Disabled Drivers Medical Board of Appeal (DDMBA).

At an appeal hearing the Board reviews the decision by a HSE Primary/Senior Area Medical Officer and determines if an appellant does, or does not meet, one of the six medical criteria. Only if an appellant meets one of the six eligibility criteria will the Board issue a Board Medical Certificate.

I have no role in relation to the granting or refusal of PMCs and the HSE and the Medical Board of Appeal must be independent in their clinical determinations.

As the Deputy is probably aware the previous DDMBA members resigned in November 2021. The reappointment process has proved to be a very challenging and slow process due to the small number of applications received. In order to fill the five positions, there were three Expressions of Interest Campaigns in 2022 which the Department of Health led on. The process was completed in January 2023 with the completion of Garda vetting for the final two candidates.

However the process has been further complicated by the National Rehabilitation Hospital (NRH) deciding in February 2023 to withdraw their services with immediate effect. Finance and Health officials are actively seeking to implement new arrangements, including engaging with the NRH. As there are a range of requirements and complex issues involved this may take some time.

In addition in March 2023, one nominated member of the DDMBA resigned for personal reasons. The Department of Health with support from Department of Finance officials launched another Expression of Interest Campaign on 3 April 2023 with a closing date of 28 April 2023.

You should be aware that requests for appeal hearings can still be sent to the DDMBA secretary based in the National Rehabilitation Hospital.

Assessments for the primary medical certificate, by the HSE, are continuing to take place. In this regard, an important point to make is that even though there has been no appeal mechanism since the previous Board resigned, applicants who have been deemed not to have met one of the six eligibility criteria required for a PMC are entitled to request another PMC assessment six months after an unsuccessful PMC assessment.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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117. To ask the Minister for Finance the options available to a person (details supplied) who is unable to appeal a decision due to the absence of the Disabled Drivers Medical Board of Appeal; and if he will make a statement on the matter. [20658/23]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The Deputy should note that even though the Disabled Drivers Medical Board of Appeal (DDMBA) is not operational at the moment, assessments for a primary medical certificate (PMC), by the HSE, are continuing to take place. In this, regard, an important point to be aware of is that applicants who have been deemed not to have met one of the six eligibility criteria required for a PMC are entitled to request another PMC assessment six monthsafter an unsuccessful PMC assessment. This therefore is an option for those who are currently unable to appeal to the DDMBA.

The reappointment of members to the DDMBA has proved to be a very challenging and slow process due to the small number of applications received. In order to fill the five positions there were three Expressions of Interest Campaigns in 2022 which the Department of Health led on. The process was completed in January 2023 with the completion of Garda vetting for the final two candidates.

However the process has been further complicated by the National Rehabilitation Hospital (NRH) deciding in February 2023 to withdraw their services with immediate effect. Finance and Health officials are actively seeking to implement new arrangements, including engaging with the NRH. As there are a range of requirements and complex issues involved this may take some time.

In addition in March 2023, one nominated member of the DDMBA resigned for personal reasons. The Department of Health with support from Department of Finance officials launched another Expression of Interest Campaign on 3 April 2023 with a closing date of 28 April 2023.

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