Dáil Éireann Debate, Tuesday - 20 October 2020
202. Deputy Mattie McGrath asked the Minister for Finance when the issuing of primary medical certificates for disabled drivers and passengers will resume following a court decision in June 2020; and if those that already qualify for the scheme will be affected. [30982/20]
View answer217. Deputy John Lahart asked the Minister for Finance the steps which have been taken to determine the case of a person (details supplied) in view of the recent judgment of the decision of the Supreme Court to quash the decision of the disabled drivers board of appeal not to grant a primary medical certificate; and if he will make a statement on the matter. [31243/20]
View answer218. Deputy John Lahart asked the Minister for Finance the steps which have been taken to determine the case of a person (details supplied) in view of the recent judgment of the decision of the Supreme Court to quash the decision of the disabled drivers board of appeal not to grant a primary medical certificate; and if he will make a statement on the matter. [31244/20]
View answer219. Deputy John Lahart asked the Minister for Finance his plans to provide an update on the continued processing of applications for primary medical certificates in view of the recent judgment of the Supreme Court in cases (details supplied); and if he will make a statement on the matter. [31245/20]
View answer235. Deputy Dara Calleary asked the Minister for Finance the reason the disabled driver's scheme has been suspended for new applicants; and if he will make a statement on the matter. [31553/20]
View answer243. Deputy Violet-Anne Wynne asked the Minister for Finance the status of the issuing of primary medical certificates that has suspended since a High Court ruling in June 2020; and if he will make a statement on the matter. [31698/20]
View answerI propose to take Questions Nos. 202, 217 to 219, inclusive, 235 and 243 together.
The Disabled Drivers & Disabled Passengers Scheme provides relief from VRT 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 cost of the scheme in 2019, excluding motor tax, was €72m.
The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain organisations. In order to qualify for relief an organisation must be entered in the register of charitable organisations under Part 3 of the Charities Act 2009, be engaged in the transport of disabled persons and whose purpose is to provide services to persons with disabilities.
In order to qualify for relief the applicant must hold a Primary Medical Certificate (PMC) issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate (BMC) issued by the Disabled Driver Medical Board of Appeal. Certain other criteria apply in relation to the vehicle and its use, including that the vehicle must be specially constructed or adapted for use by the applicant.
The terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 set out the following medical criteria, and that one or more of these criteria is required to be satisfied in order to obtain a PMC:
- 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.
A Supreme Court decision of 18th June found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them a PMC. The judgement found that the medical criteria set out in the Regulations did not align with the regulation making mandate given in the primary legislation to further define criteria for ‘severely and permanently disabled’ persons.
In the first instance I acknowledge that the persons who successfully challenged the Medical Board of Appeal's refusal to grant them a PMC are, on the basis of the Supreme Court decision, entitled to seek access to the Scheme. The Supreme Court decision raised complex issues, including the manner in which the persons concerned can access the Scheme, given that the Regulation which set out the medical eligibility criteria was not found to be invalid and given that the persons concerned were not assessed for a Primary Medical Certificate on the single criterion of being permanently and severely disabled.
More generally, the Deputies will appreciate that the complex legal and policy issues raised by the Supreme Court decision will require careful consideration. In parallel to that consideration there is a need to examine how best the Scheme can target resources to those persons who most need them. I am currently giving consideration to policy and legislative proposals set out by my officials and will seek to progress this issue in the coming weeks.
In the interim, on foot of the legal advice received, it became clear that it was appropriate to revisit the six medical criteria set out in Regulation 3 of Statutory Instrument 353 of 1994 for these assessments. In such circumstances, it is not proposed to continue with PMC assessments until a revised basis for such assessments is established. The medical officers who are responsible for conducting PMC assessments need to have assurance that the decisions they make are based on clear criteria set out in legislation. While Regulation 3 of Statutory Instrument No. 353 of 1994 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.
My officials were in contact with the Medical Board of Appeal and with officials in the Department of Health and will continue to liaise with them, as required, going forward. I have also written to the Minister for Health to request that there are no further PMC assessments until a sound legal basis for such assessments is re-established.
While it is regrettable that PMC assessments are currently not taking place and I acknowledge that this will result in a growing waiting list, I can give a commitment that I will seek to bring clarity to this situation as soon as possible such that PMC assessments can re-continue based on a firm legal basis.
Finally, I would like to clarify that the Scheme itself is still operating. All persons or charitable organisations that can currently access the Scheme will continue to be able to do so and make claims for tax reliefs and the fuel grant in the normal manner.
