Dáil Éireann Debate, Tuesday - 19 October 2021
355. Deputy Alan Dillon asked the Minister for Finance the number of primary medical certificate applications that are currently pending appeal by county; the measures or additional resources being assigned to address this backlog; when requests of an appeal hearing will resume following the lifting of public health restrictions; and if he will make a statement on the matter. [50394/21]
Amharc ar fhreagra356. Deputy Alan Dillon asked the Minister for Finance the number of assessments completed to the disabled drivers and passengers (tax concessions) scheme 1994, section 92 of the Finance Act 1989, for the primary medical certificate since their resumption at local community level in January 2021; and the progress to date on the delivery of a new scheme for disabled drivers and passengers. [50395/21]
Amharc ar fhreagraI propose to take Questions Nos. 355 and 356 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. 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.
To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the following medical criteria, in order to obtain a Primary Medical Certificate:
- 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.
The 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).
Assessments and appeals recommenced from January 2021 following the approval of the Finance Act 2020. The first appeal hearing was in March 2021.
In the context of the national effort to suppress and manage the impact of COVID-19, the ability to hold assessments has been impacted by, among other things, the public health restrictions in place and the role of the HSE Medical Officers in the roll-out of the COVID vaccination programme and in responding to outbreaks in residential care facilities across the country. The HSE has confirmed that the community medical doctors and their teams are predominately deployed to the COVID vaccination rollout in residential care facilities and other health care settings. HSE data published in April 2021 (latest data available) noted that 401 PMC assessments were conducted between January and March 2021.
Hearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the appropriate facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.
Appeal hearings have run at reduced capacity for public health reasons. This is due to the need for social distancing between appellants and the board and also due to the capacity available in a busy outpatients department in a public hospital where public health measures are necessary for all. Information supplied by the Disabled Drivers Medical Board of Appeal show that outstanding appeals from 2020 will be cleared by the 11th of November. There are 281 appellants waiting for appeal from January 2021 until the end of September 2021. This is not available on a county by county basis.
