Dáil Éireann Debate, Tuesday - 9 May 2023
70. Deputy Catherine Connolly asked the Minister for Finance further to Parliamentary Question No. 76 of 7 March 2023, the status of the Disabled Drivers Medical Board of Appeal; when he expects the new board to be in place; the details of the body that will provide the facilities and secretarial service to the board; and if he will make a statement on the matter. [21524/23]
View answer95. Deputy Mark Ward asked the Minister for Finance the current status of the review of the disabled drivers and disabled passengers scheme; when the Disabled Drivers Medical Board of Appeal will be in operation; the number of outstanding appeals before the board; and if he will make a statement on the matter. [21527/23]
View answer114. Deputy Michael Moynihan asked the Minister for Finance the number of primary medical certificate appeals currently outstanding; and if he will make a statement on the matter. [21513/23]
View answer219. Deputy Aindrias Moynihan asked the Minister for Finance the up-to-date position is in progressing a new board under the Disabled Drivers Medical Board of Appeal to ensure clinics can recommence; the number of appeal requests under the primary medical certificate awaiting recommencement of such clinics; and if he will make a statement on the matter. [21500/23]
View answerI propose to take Questions Nos. 70, 95, 114 and 219 together.
The Disabled Drivers and Disabled Passengers Scheme provides relief from Vehicle Registration Tax and VAT on 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 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, as set out in the Finance Act 2020.
In the event that a Primary Medical Certificate is not granted by the relevant Senior Area Medical Officer an appeal may be made to the independent Disabled Drivers Medical Board of Appeal.
At an appeal hearing the Board reviews the decision by a HSE Primary/Senior Area Medical Officer and determines if an appellant does, or does not meet, one of the six medical criteria. Only if an appellant meets one of the six eligibility criteria will the Board issue a Board Medical Certificate.
I have no role in relation to the granting or refusal of Primary Medical Certificates and the HSE and the Disabled Drivers Medical Board of Appeal must be independent in their clinical determinations.
As the Deputy is probably aware the previous Disabled Drivers Medical Board of Appeal members resigned in November 2021. The reappointment process has proved to be a very challenging and slow process due to the small number of applications received. In order to fill the five positions, there were three Expressions of Interest Campaigns in 2022 which the Department of Health led on. The process was completed in January 2023 with the completion of Garda vetting for the final two candidates.
However the process has been further complicated by the National Rehabilitation Hospital deciding in February 2023 to withdraw their services with immediate effect, though they have agreed to continue registering appeal applications for the moment. Finance and Health officials are actively seeking to implement new arrangements, including engaging with the National Rehabilitation Hospital. As there are a range of requirements and complex issues involved this may take some time.
In addition in March 2023, one nominated member of the Disabled Drivers Medical Board of Appeal resigned for personal reasons. The Department of Health with support from Department of Finance officials launched another Expression of Interest Campaign on 3 April 2023 with a closing date of 28 April 2023. An interview for this position is expected to take place next week.
Requests for appeal hearings can still be sent to the Disabled Drivers Medical Board of Appeal secretary based in the National Rehabilitation Hospital.
Assessments for the Primary Medical Certificate, by the HSE, are continuing to take place. In this regard, an important point to make is that even though there has been no appeal mechanism since the previous Board resigned, applicants who have been deemed not to have met one of the six eligibility criteria required for a Primary Medical Certificate are entitled to request another such assessment six months after an unsuccessful Primary Medical Certificate assessment.
Finally as of 24 April 2023 there are 1,007 appeals outstanding.
