Dáil Éireann Debate, Thursday - 22 October 2020
48. Deputy Rose Conway-Walsh asked the Minister for Finance the position regarding the current situation of primary medical certificates; if procedures are in place to allow for consolations via video or telephone to account for Covid-19 related restrictions; and if he will make a statement on the matter. [32116/20]
View answer53. Deputy Denis Naughten asked the Minister for Finance when he plans to revise Regulation 3 of Statutory Instrument 353 of 1994; the number of applications in 2019 remission or repayment of Value Added Tax and Vehicle Registration Tax by persons with a disability; the total cost of this relief; the number of persons that have availed of the fuel grant in 2019; the total value of grants paid; the number of vehicles exempt from motor tax and the value of same in 2019; the projected underspend on foot of the suspension of the scheme to new applicants if it is not reinstated in 2020; and if he will make a statement on the matter. [32117/20]
View answerI propose to take Questions Nos. 48 and 53 together.
I am informed by Revenue that the total cost and number of claimants for repayments of Value Added Tax (VAT) and remissions/repayments of Vehicle Registration Tax (VRT) under the Drivers and Passengers with Disabilities (DPD) scheme, as well as the total cost and number of persons who availed of the Fuel Grant in 2019, are provided in the table below.
|
- |
€m |
Number |
|
VAT Repaid |
€26.8 |
6,082 |
|
VRT Remitted/Repaid |
€35.4 |
6,374 |
|
Fuel Grant |
€10.5 |
18,504 |
The issue of underspend does not arise in relation to a demand led scheme.
In relation to the current cessation of primary medical certificate assessments I have set out the position in some detail in previous responses to Parliamentary Questions. 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.
The Supreme Court decision has raised complex legal and policy issues which 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, without which it is impossible to continue accepting new applicants to the scheme.
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.
