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The issuance of primary medical certificates for disabled drivers and passengers was suspended due to a court decision in June.
The confirmation has been made in a written response from Finance Minister Paschal Donohoe to independent TD Denis Naughten.
Rep. Naughten said the decision means “people with disabilities are left at home if they don’t have access to public transportation.”
The Disabled Drivers and Passengers Plan provides tax breaks linked to the purchase and use of vehicles specially built or adapted by a person with a disability.
The scheme allows the forgiveness or reimbursement of VRT, the reimbursement of VAT on the purchase of the vehicle and the reimbursement of VAT on the cost of adapting a vehicle.
Those who qualify for the scheme can get some additional exemptions and benefits, including an exemption from motor tax, toll fees, and a fuel tax.
In June, the families of two children with disabilities won an appeal to the Supreme Court challenging the refusal to allow them to benefit from the specially adapted car tax refund program.
The court overturned the refusal of the Medical Board of Appeal for Disabled Drivers to issue a medical certificate that would allow the parents of the two children to benefit from the plan.
In a written question to the Finance Minister, Rep. Naughton inquired about Paschal Donohoe’s plans regarding the denials of requests for primary medical certificates as a result of the court ruling.
There are currently about 170 cases awaiting review by the Medical Board of Appeals.
In response, Minister Donohoe said the Supreme Court decision had raised “complex issues.”
It said its officials were reviewing the sentence together with the Attorney General’s Office.
In the meantime, he said that based on the legal advice received, it had been proposed that PMC’s evaluations would not continue until a revised basis for the evaluations was established.
Minister Donohoe regretted that PMC evaluations were not taking place.
“I anticipate that the work that is currently underway on this matter will provide an adequate basis for me to make a decision on the best way forward and address the current legal uncertainty surrounding the scheme.”
He added that he would seek to clarify the situation so that PMC’s evaluations can continue on the basis of a “firm legal basis.”
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