Dáil Éireann Debate, Tuesday - 5 April 2022
231. Deputy Eoin Ó Broin asked the Minister for Finance if the comprehensive review of the disabled drivers and disabled passengers scheme has begun; and if he will provide a timeline for the completion of same. [17413/22]
View answer233. Deputy Emer Higgins asked the Minister for Finance if there is a forum for members of the public to make submissions to the primary medical certificate review; and if he will make a statement on the matter. [17416/22]
View answer249. Deputy Eoin Ó Broin asked the Minister for Finance if an update will be provided with regard to the review of the primary medical certificate scheme in view of the Supreme Court decision in 2020; when he expects the review to be complete; if members of the public can make submissions to the review; the number of applications for the scheme in 2019, 2020, 2021 and to date in 2022; the number of refusals in each of these years; the number of appeals in each of these years; and the number of appeals refused in each of these years. [18030/22]
View answer250. Deputy Mark Ward asked the Minister for Finance if the public can make a formal submission to the consultation process in relation to the primary medical certificates; and if he will make a statement on the matter. [18102/22]
View answerI propose to take Questions Nos. 231, 233, 249 and 250 together.
The Disabled Drivers & Disabled Passengers Scheme (DDS) 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 Scheme is open to severely and permanently disabled persons who also meet one of six specified medical criteria, as a driver or as a passenger and also to certain 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. Certain other qualifying criteria apply in relation to the vehicle, in particular that it must be specially constructed or adapted for use by the applicant. In the event that a PMC is not granted by the relevant Senior Area Medical Officer an appeal may be made to the independent Disabled Drivers Medical Board of Appeal (DDMBA) who operate out of the National Rehabilitation Hospital in Dun Laoghaire.
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).
As the Deputy will appreciate this Scheme confers substantial benefits to eligible persons and changing the medical criteria to more general mobility-focused criteria, would raise the already considerable cost of the Scheme in terms of tax foregone to the Exchequer. Any increase in the cost of the Scheme would require a concomitant increase in tax, reduction in public expenditure, or increase in the Exchequer deficit.
While I am very aware of the importance of this scheme to those who benefit from it, I am also aware of the disquiet expressed by members of this house and others in respect of the difficulties around access to the scheme.
Accordingly, I gave a commitment to the House that a comprehensive review of the scheme, to include a broader review of mobility supports for persons with disabilities, would be undertaken. In this context I have been working with my Government colleague, Roderic O’Gorman, Minister for Children, Equality, Disability, Integration and Youth. We are both agreed that the review should be brought within a wider review under the auspices of the National Disability Inclusion Strategy, to examine transport supports encompassing all Government funded transport and mobility schemes for people with disabilities.
This the most appropriate forum to meet mutual objectives in respect of transport solutions/mobility supports for those with a disability.
The NDIS working group, chaired by Minister Anne Rabbitte, with officials from both my Department and the Department of Children, Equality, Disability, Integration and Youth as well as others, held its first meeting on the 26th January 2022. My officials will continue to work closely with officials from the Department of Children, Equality, Disability, Integration and Youth, to progress this review, and on foot of that will bring forward proposals for consideration.
Regarding the issue of whether the public can make a formal submission to the consultation process in relation to the primary medical certificates, the methods and structure of the NDIS working group is a matter for the Department of Children, Equality, Disability, Integration and Youth. I cannot comment on any possible changes in advance of proposals arising from the review.
The number of applications for a Primary Medical Certificate and the number of those that were successful are a matter for the HSE. The below table outlines the number of appeals heard by the Disabled Drivers Medical Board of Appeal and of those, that were successful and unsuccessful for the years 2019 – 2022.
|
- |
2019 |
2020 |
2021 |
2022* |
|
New appeals |
684 |
204 |
382 |
102 |
|
Number of Appeals Assessed |
424 |
116 |
148 |
0 |
|
Number of Successful Appeals |
9 |
4 |
12 |
0 |
|
Number of Unsuccessful Appeals |
415 |
112 |
136 |
0 |
*2022 figures are to 28.03.2022
**307 appeals outstanding at 01/2019***Appeal hearings were lower than usual for 2020 due to both public health considerations and the Supreme Court Case in June 2020. Appeal hearings resumed in early 2021 following an amendment to the Finance Bill to provide for the existing medical criteria in primary legislation which, following the approval of the Finance Act 2020, allowed assessments to recommence.****2021 appeal hearings have also been impacted by the Covid-19 pandemic.
