June 29 2010

Dáil Debates

• Leaders Questions: Spending on Disability Services

Parliamentary Questions

• Vehicle registration tax refund for disabled drivers scheme
• Provisions made to enable persons on disability allowance to accept occasional or part time paid employment
• Number of applications for disability allowance currently pending or on appeal
• Delay in July home education programme payment

DÁIL DEBATES

• Leaders Questions: Spending on Disability Services

An Taoiseach (Brian Cowen TD) (extract): …I made a point yesterday on intellectual disability services and using this or disability services in general as an example, we spend €1.2 billion on the area, with €900 million on intellectual disabilities and €300 million for physical and sensory disabilities. It is a considerable commitment to meet a need. There are many section 38 and section 39 organisations — so called under the relevant sections of the Health Acts — which deliver these services. If there are 178 agencies throughout the country providing those services and we try to maintain front-line services, we must consider those not on the front line and see what kind of initiatives will make for a more effective delivery of the service. One must consider how to join up separate payroll systems and services, as well as a range of areas that must be addressed in order to maintain front-line services. If we are not prepared to confront that agenda, we are indicating that as we do not have as much money as before, we will not be in a position to maintain services. The front line should be and is the objective, although some support services are required because there cannot be consultants without secretaries. We all understand there are certain support frameworks necessary to make the front line work effectively. We have built up over a long period in our systems many areas that can be examined in the their process of delivery. We must consider the non-front line costs involved in maintaining such services and to what extent we can release some of those costs on the basis of rationalisation and better arrangements than those which exist currently. These are not easy issues to resolve but they must be considered in order to find solutions….

PARLIAMENTARY QUESTIONS

• Vehicle registration tax refund for disabled drivers scheme

Deputy Beverley Flynn (FF): asked the Minister for Finance the criteria used when determining if a spouse or partner of a nursing home resident is entitled to claim under the vehicle registration tax refund for disabled drivers scheme; if there is a minimum number of times in a calendar year that the disabled person must be taken out of the home for a day or a weekend or to attend for medical appointments.

Minister for Finance (Deputy Brian Lenihan): The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to certain limit) on the purchase of a car adapted for the transport of a person with specific severe and permanent physical disabilities, to those who meet certain disability criteria. The disability criteria for eligibility for the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get the Primary Medical Certificate, an applicant must be severely and permanently disabled and satisfy one of the following conditions:(a) be wholly or almost wholly without the use of both legs;(b) 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;(c) be without both hands or without both arms;(d) be without one or both legs;(e) be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;(f) have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.The Senior Medical Officer (SMO) for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. An unsuccessful applicant can appeal the decision of the SMO to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin which makes a new clinical determination in respect of the individual. I would point out that the Medical Board of Appeal is independent in the exercise of its functions. Further information on family members of a person in possession of a Primary Medical Certificate is available in the VRT 7 leaflet on Revenue’s website: www.revenue.ie. The Disabled Drivers and the Disabled Passengers (Tax Concessions) Regulations 1994, [Par10(5)(a)] states, “in exceptional circumstances, the Revenue Commissioners may waive thecondition concerning residency of a claimant”. In this regard, evidence is sought that the qualifying vehicle is used on a regular basis for the transport of the disabled person. Each case is evaluated on an individual basis and, where the Revenue Commissioners are satisfied that a qualifying disabled person is transported on a regular basis, the relief is granted. That normally means that the disabled person is transported once per week on average. 

• Provisions made to enable persons on disability allowance to accept occasional or part time paid employment

Deputy Ciarán Lynch (L): asked the Minister for Social Protection the provisions made to enable persons on disability allowance to accept occasional or part time paid employment; if an exemption is provided for part time casual work or part time self-employment;

Minister for Social Protection (Deputy Éamon Ó Cuív): Disability Allowance is a means tested payment and any income earned by the claimant or his/her spouse or partner, is assessable as means. There is, however, provision under social welfare legislation to give certain disregards of earnings received by the person from employment or self employment of a rehabilitative nature. The first €120 of earnings is disregarded, half of earnings between €120 and €350 is disregarded and all earnings over €350.00 are assessed as means. In order to be considered for this disregard a person must furnish a letter from his/her doctor confirming the work is of a rehabilitative nature. The person must also forward a letter from his/her employer confirming the date he/she intends commencing employment and the weekly amount he/she will be earning. 

• Number of applications for disability allowance currently pending or on appeal

Deputy Bernard J. Durkan (FG): asked the Minister for Social Protection the number of applications for disability allowance currently pending or on appeal; when the backlog is likely to be cleared.

Minister for Social Protection (Deputy Éamon Ó Cuív): There are currently 5,967 disability allowance claims pending decision. This represents 6% of the total number of disability claims in payment. The assessment of disability allowance claims is relatively complex as it involves both a medical assessment and means assessment to be completed before a claim can be decided. The Department continually monitors available resources against workloads with a view to maximising claim processing efficiencies. Additional deciding officers have recently been assigned on a temporary basis to deal with the processing of new claims. Processes and procedures are reviewed on an ongoing basis with the explicit objective of reducing delays in claim processing. There are currently 3,423 Disability Allowance appeals outstanding. I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice. 

• Delay in July home education programme payment

Deputy Jack Wall (L): asked the Tánaiste and Minister for Education and Skills the reason a payment for the July home education programme will not be paid until 11 November, when in previous years it was paid in August;

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The July Education Programme caters for pupils with autism or severe or profound general learning disability. It is available to all special schools and mainstream schools with special classes catering for children with autism. Where school-based provision is not available, parents may apply for home-based tuition. There has been a steady increase in the number of schools offering the programme since its introduction. Applications this year have increased by approximately 20% in comparison to 2009 to almost 2,100. In 2009, in order to improve the service to parents and schools, a common pay date was introduced, for both school-based and home-based programmes. In 2010, the common pay date has been changed from 30 September, as in 2009, to 11 November. This decision was made after consideration of available staffing resources within my Department.

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