Dáil Éireann debate -
Tuesday, 18 Apr 2000

Vol. 518 No. 3

Written Answers. - Primary Medical Certificate.

John McGuinness

Question:

149 Mr. McGuinness asked the Minister for Finance if officials at his Department will interview a person (details supplied) in County Kilkenny who applied for a primary medical certificate and was refused in spite of the fact that he fits the criteria and his application is supported by doctors, consultants and the disabled drivers association; and if he will carry out an investigation into this case and issue a report. [11674/00]

Minister for Finance (Mr. McCreevy)

It is a fundamental requirement for relief from tax under the Disabled Drivers and Passengers (Tax Concessions) Regulations, 1994, that the disabled person meets the specified medical criteria and is in possession of a primary medical certificate to that effect issued by the appropriate senior area medical officer, who is an official of the local health board. In cases where the issue of the certificate is refused, it is open to the applicant to appeal this refusal to the Disabled Drivers Medical Board of Appeal, an independent board whose decision is final. It should be noted that neither the Revenue Commissioners nor my Department have any role in the medical assessment of persons for the purposes of the relief.

The board of appeal has advised the Revenue Commissioners that the person named was examined by the board on 27 June 1998. It was found that the person did not meet the medical criteria at that time and the issue of the certificate was refused. It is open to the person concerned to reapply for the certificate if there has been a material change in his/her medical condition to the extent that the medical criteria may now be met. It is regretted that the Revenue Commissioners cannot consider an application for relief without the issue of the primary medical certificate.

As I have informed the House on a number of occasions, the scheme is currently being reviewed by an interdepartmental group under the chair of an official of the Department of Justice, Equality and Law Reform. The group is examining all aspects of the scheme, including the medical criteria, and I hope to receive its report later in the year.

John McGuinness

Question:

150 Mr. McGuinness asked the Minister for Finance the person or Department which sets out the specified medical criteria governing the issue of a primary medical certificate; and his views on whether a review of these criteria is necessary in view of the number of refusals, the conflicting reports from doctors and consultants and the hardship being caused to those who have a serious disability and should come within the guidelines of the scheme. [11676/00]

Minister for Finance (Mr. McCreevy)

I refer the Deputy to the most recent Adjournment debate in this House on the subject of the disabled drivers and disabled passengers scheme, which took place on 22 March 2000.

A comprehensive review of the workings of the scheme was carried out in 1993 and resulted in the adoption of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994. Six different types of disability are listed under the regulations and a qualifying person must satisfy one or more of them. Essentially, those without the use of limbs, as distinct from those who are just weak in the limbs, will qualify. These regulations were drawn up following wide-ranging consultation with the Departments of Health and Children, the Environment and Local Government and Justice, Equality and Law Reform, the Disabled Drivers Medical Board of Appeal, the Revenue Commissioners, Opposition spokespersons for Finance and organisations dealing with the disabled.

The scheme is currently under review by an interdepartmental group which is chaired by an official from the Department of Justice, Equality and Law Reform. In addition to representatives from that Department, the group has representatives from the Department of Finance, the Department of Health and Children and the Revenue Commissioners.

I appreciate the difficulties which people who suffer from some disability face in coping with every day life. There are very many people with various forms of disability who would consider themselves as having a genuine case for the tax relief. Given the level of the benefits available under the scheme, the cost is quite considerable and extending it further would present any Minister for Finance with some dilemmas. The total number of beneficiaries under the scheme is in the region of 5,400. On average, the scheme is worth up to £800 per year from the refund of petrol excise, £7,500 relief on the price of a new car every two years, and also gives exemption from road tax. The cost of relief in 1999 was £17 million, as compared to £4 million in 1994, which shows that the scheme is being extensively used by those who qualify.