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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Primary medical certificate scheme

Summary

Deputy O'Donoghue raised the Supreme Court case on primary medical certificates, asking about its cost and its impact on disabled people waiting for help. The Tánaiste said the Minister for Finance was working on a solution and then promised to get a proper reply after checking the letters and details raised.

What is a primary medical certificate? A primary medical certificate allows a person with a disability to claim back VAT on a vehicle. It also allows for tax relief on the purchase and adoption of vehicles. For the past four years, the Minister for Finance has been embroiled in controversy over the criteria for this scheme. A case was challenged and went to the Supreme Court, and the Minister lost the case. Was this case warranted? How much did this court case cost? How many adults and children with disabilities could have been helped by the cost of this case? How can a person with a disability travel to a medical appointment, school, college or travel for their daily needs without this scheme being put in place? All five Supreme Court judges ruled in favour against the Minister and the driver disability board on 18 June 2020. Yet, the Minister put nothing in place to substitute for the collapse of the scheme.

Why are disabled persons still getting replies and being put on a so-called list when the scheme does not even exist? I rang around the HSE and was told there were numbers in Limerick and Clare. Waterford had 54 and Kilkenny had 22. I was informed that in my neighbouring county of Tipperary assessments were being done virtually and Tipperary only has four. The authorities in other counties throughout the country are saying it is all being delayed over Covid-19 and that people cannot be assessed.

In Tipperary, however, they are doing it virtually and their list is down to four people. Is there a scheme or not?

Comment on this
Leo Varadkar The Tánaiste Fine Gael

I appreciate this is an important issue for the Deputy and for his constituents. I am afraid I am at a disadvantage in that I did not know this topic was going to be raised and I do not have a note on it. I am aware, however, that there are implications from that court case. The Minister for Finance is across that issue and is working on a solution, if it is possible to come up with one, which I am sure it will be.

On assessments, my strong view is that if an assessment can be carried out virtually it should be done virtually and if it is being done in some counties I do not see why it should not be done in all counties. There may be occasions where a physical examination or an inspection of a home needs to be done but where these assessments can be done virtually, that should be done.

Comment on this

On 6 October, a letter went out from the office of the Minister for Finance, Deputy Donohoe, to the community care centre stating that in light of the Supreme Court judgment, his officials had informed him not to restart the services for assessment. That letter was sent by the Minister. I also have copies of letters, dated 9 October, stating that a person with a disability was on the list. On 6 October the Minister told the community care centre to stop the assessments and on 9 October someone was being put on the list. Is this list for a scheme that does not exist? Where is the joined-up thinking? In addition, separate from the people who are on the phantom list, I have 170 people who are appealing the judgments. The Minister said this was to be stopped on 6 October and on 9 October someone was told he or she was on the list.

Comment on this
Leo Varadkar The Tánaiste Fine Gael

I beg the Deputy's indulgence in allowing me to come back to him on this. I do not have sight of any of those letters. I know this is an issue and it has been raised by other Deputies. I will be in contact with the Minister for Finance later today and I will get the Deputy a proper reply as soon as possible. I appreciate this is an issue that needs to be sorted but I do not want to give an assurance or make a comment here in the Dáil that might turn out to be incorrect.

Comment on this