Written answers

Tuesday, 20 February 2024

Department of Finance

Primary Medical Certificates

Photo of Seán CanneySeán Canney (Galway East, Independent)
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203. To ask the Minister for Finance when the new primary medical certificate criteria will be introduced; and if he will make a statement on the matter. [7417/24]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The final report of the NDIS Transport Working Group's review of mobility and transport supports including the Disabled Drivers and Disabled Passengers Scheme (DDS), endorsed proposals for a modern, fit-for-purpose vehicle adaptation scheme in line with international best practice that would replace the DDS, as it is no longer fit-for-purpose on any and all aspects. The proposals note this was a clear deliverable for the near future.

The NDIS TWG was chaired by Minister Anne Rabbitte and led by the Department of Children, Equality, Disability, Integration and Youth (DCEDIY).

Access to transport for people with disabilities is a multifaceted issue that involves work carried out by multiple Government departments and agencies. Under the aegis of the Department of Taoiseach officials from relevant Departments and agencies are meeting to discuss the issues arising from the NDIS report and to map a way forward. My officials are proactively engaging with this Senior Officials Group work as an important step in considering ways to replace the DDS, as one specific personal transport response, in the context of broader Government consideration of holistic, multifaceted and integrated transport and mobility supports for those with a disability. Three meetings of the SOG have been held, in July, November and December 2023.

In that context, any further changes to the existing DDS would run counter to NDIS proposals to entirely replace the scheme with a modern, fit-for-purpose vehicular adaptation scheme.

Photo of Seán CanneySeán Canney (Galway East, Independent)
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204. To ask the Minister for Finance if he will facilitate appellants to the primary medical certificate decision by having the medical assessment appeals board disclose their qualifications to enable them sit on the appeals board; and if he will make a statement on the matter. [7418/24]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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Regulations 6 of SI 353 Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme 1994 requires that all members of the Disabled Drivers Medical Board of Appeals (DDMBA) must be registered with the Medical Council, that is, must be medical professionals.

The Department of Health with support from Department of Finance officials set out essential and desired criteria for applicants, in Expressions of Interest campaigns to apply for DDMBA positions. Qualifications and experiences were included in these criteria. Candidates were assessed by a selection panel made of up Department of Health and Department of Finance officials, a HSE medical professional as well as an independent Chair.

Suitable candidates were then nominated by the Minister for Health and recommended to me for appointment, in line with legislative requirements. I appointed all five members as nominated by the Minister for Health. All members have also successfully completed Garda vetting.

I am satisfied that all members have the requisite expertise and experiences to perform the functions of the DDMBA in the appeals process.

Photo of Seán CanneySeán Canney (Galway East, Independent)
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205. To ask the Minister for Finance if he will facilitate appellants by having the medical assessment appeals board on the primary medical certificate sit in locations around the country to allow easy access for people with a disability; and if he will make a statement on the matter. [7419/24]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The Disabled Drivers and Disabled Passengers Scheme provides relief from VRT and VAT on an adapted cars, as well as an exemption from motor tax and an annual fuel grant.

To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate (PMC). The PMC is issued by the relevant Senior Medical Officer in the HSE, or failing that an appeal may be made to the Disabled Drivers Medical Board of Appeal. The Minister has 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.

To qualify for a PMC an applicant must be permanently and severely disabled, and satisfy at least one of six medical criteria. These criteria are set out in the Finance Act, 2020.

In the event that a PMC is not granted by the relevant Principal 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/Principal 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.

It is a legislative requirement that the Board is independent in their functions. It is a matter for the Board to determine all aspects of the management and delivery of the appeals process, including deciding if any locations outside of the National Rehabilitation Hospital in Dun Laoghaire have the appropriate facilities and supports to enable the conduct of appeal hearings.

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