Niamh Smyth
Question:287. Deputy Niamh Smyth asked the Minister for Finance the status of an appeal by a person (details supplied); and if he will make a statement on the matter. [4575/22]
View answerTuesday, 1 February 2022
Questions (287, 291)
Niamh Smyth
Question:291. Deputy Niamh Smyth asked the Minister for Finance the status of a review of an appeal by a person (details supplied); and if he will make a statement on the matter. [4993/22]
View answerWritten answers
I propose to take Questions Nos. 287 and 291 together.
The Disabled Drivers & Disabled Passengers Scheme provides relief from Vehicle Registration Tax 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 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. To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the six medical criteria.
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.
The current medical criteria were included in the Finance Act 2020, by way of amendment to Section 92 of the Finance Act 1989. This amendment arises from legal advice in light of the June 2020 Supreme Court judgement that the medical criteria in secondary legislation 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 (primary legislation).
In light of the resignations of the board members from the Disabled Drivers Medical Board of Appeal, Department of Finance officials are working with the Department of Health and the Public Appointments Service in terms of seeking expressions of interest from medical practitioners to participate in the Board. It is hoped to move this process along as quickly as possible to then appoint five members, so that appeals can recommence as early as possible.
Requests for appeal hearings can be sent to the DDMBA secretary based in the National Rehabilitation Hospital. New appeal hearing dates will be issued once the new Board is in place. Assessments for the primary medical certificate, by the HSE, are continuing to take place.