Grrr - blue badge

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  • daska
    daska Posts: 6,212 Forumite
    First Anniversary Combo Breaker
    The criterea for having a blue badge is the same as HRM, so no badge should be supplied without, unless I'm missing a very good reason!!

    It's not quite the same - how about 3.3.1. The ‘Eligibilty subject to further assessment criterion’ at a glance:
    "drives a vehicle regularly, has a severe disability in both arms, and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;"

    I don't think that would qualify you for DLA mobility at higher rate, so you wouldn't get a free tax disc... I wonder if there's a challenge to the car parks not allowing blue badges without free tax discs in there somewhere...? That along with people with Higher rate who can't apply for a disc because the car isn't used solely for their benefit...?
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  • P4ula
    P4ula Posts: 53 Forumite
    daska wrote: »
    I wonder if there's a challenge to the car parks not allowing blue badges without free tax discs in there somewhere...? That along with people with Higher rate who can't apply for a disc because the car isn't used solely for their benefit...?

    Recently the council changed their policy here to only allow cars with the disabled tax disc to park free in their car parks and the shopping centre changed to only allow cars with disabled tax discs to park in their disabled spaces. There was a lot of discussion about it in our local press.

    It was put to the local Law Centre about the legality of it all and the answer came back that as, in law, the Blue Badge Scheme only applies on a road (and not car parks either private or council owned) then what they had done was quite lawful (as long as they don't charge disabled people more than able bodied people to park). .

    Apparently on private car parks, provided the spaces are established, then the landowners can impose restrictions such as running their own disabled car parking permit scheme (and can charge a 'reasonable fee' for the permits) instead of letting the Blue Badge act as a permit to park and/or such as allow cars bearing disabled tax discs only. It would need a change of primary legislation for Blue Badges to become enforcable on private car parks. However with whats going on in the country I cannot see it being on any political party's agenda anytime soon.

    Re the council car parks, the councils are at liberty to charge blue badge holders if they wish, not charge them,, insist on using their own permits instead of a blue badge if they wish, and/or only allow cars bearing disabled tax discs to park free etc. Perhaps time to lobby local councillors but as it is a revenue stream it will probably fall on deaf ears.

    I am personally not happy about it, but there seems to be nothing that can be done other than perhaps avoid shopping centres and car parks etc who invoke these rules or park on the roadway where the blue badge does apply.

    Sorry this is longwinded but I think you get the gist.
    Paula
  • Babshubbie
    Babshubbie Posts: 116 Forumite
    I am in total agreement criteria set at the same level as for an award of High Rate DLA Mobility.

    Certainly "set the criteria at the same level" but do not make it a requirement that HRM should be paid as tenacioust123 indicated. If the disability strikes you later in life you cannot claim DLA.
  • Babshubbie wrote: »
    Certainly "set the criteria at the same level" but do not make it a requirement that HRM should be paid as tenacioust123 indicated. If the disability strikes you later in life you cannot claim DLA.

    That is what I meant, if you look at the criteria it is the same anyway.
  • Blakespops
    Blakespops Posts: 394 Forumite
    P4ula wrote: »
    Recently the council changed their policy here to only allow cars with the disabled tax disc to park free in their car parks and the shopping centre changed to only allow cars with disabled tax discs to park in their disabled spaces. There was a lot of discussion about it in our local press.

    It was put to the local Law Centre about the legality of it all and the answer came back that as, in law, the Blue Badge Scheme only applies on a road (and not car parks either private or council owned) then what they had done was quite lawful (as long as they don't charge disabled people more than able bodied people to park). .

    Apparently on private car parks, provided the spaces are established, then the landowners can impose restrictions such as running their own disabled car parking permit scheme (and can charge a 'reasonable fee' for the permits) instead of letting the Blue Badge act as a permit to park and/or such as allow cars bearing disabled tax discs only. It would need a change of primary legislation for Blue Badges to become enforcable on private car parks. However with whats going on in the country I cannot see it being on any political party's agenda anytime soon.

    Re the council car parks, the councils are at liberty to charge blue badge holders if they wish, not charge them,, insist on using their own permits instead of a blue badge if they wish, and/or only allow cars bearing disabled tax discs to park free etc. Perhaps time to lobby local councillors but as it is a revenue stream it will probably fall on deaf ears.

    I am personally not happy about it, but there seems to be nothing that can be done other than perhaps avoid shopping centres and car parks etc who invoke these rules or park on the roadway where the blue badge does apply.

    Sorry this is longwinded but I think you get the gist.
    Paula
    I personally think this is a wonderful idea, will cut out the abuse of the system that happens. Lets face it the system has been abused by so many for so long that it needs a rethink on how best to make sure only the people who deserve the special privlage are aforded it, not the family and friends who just share a badge for conveniance rather than need.

    This is only meant to be used by disabled people and needs to be viewed as what it was aimed at and not just a free pass as some posters on here seem to use them as, this would also have the added result in reinstating confidance in the system as if you abuse the tax disc system then your commiting tax fraud and would be taken to court.
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  • I have to agree with you Tally-Ho.

    The criterea for having a blue badge is the same as HRM, so no badge should be supplied without, unless I'm missing a very good reason!!
    How about it's not compulsory to apply for DLA even if one would qualify for it?

    I had my blue badge before I applied for DLA - I thought that because I was working I wouldn't qualify for DLA so didn't apply for it 'til 2002 even though I would probably have started to qualify for it (with hindsight) around 1997.
    s/e
  • Babshubbie
    Babshubbie Posts: 116 Forumite
    If disability strikes you in later life that's all part and parcel of the ageing process, (I am assuming that you mean over the age of 65 years), that is why DLA is not paid over that age, or at least that is what I've always thought, correct me if I'm wrong.

    Disabling illness can strike at any age. It is definately not "part of the ageing process".

    My understanding of the fact that DLA is not claimable after the age of 65 is because that allowance is paid because the claimant needs help to live as he/she is unable to earn a wage. After the age of 65 you get other help, state pension etc and Attendance Allowance becomes payable.
  • How about it's not compulsory to apply for DLA even if one would qualify for it?

    I had my blue badge before I applied for DLA - I thought that because I was working I wouldn't qualify for DLA so didn't apply for it 'til 2002 even though I would probably have started to qualify for it (with hindsight) around 1997.


    Maybe if the critera had been the same you may have realised a lot earlier that you were actually entitled to DLA. You never know, all I'm trying to say is something needs to be done. It's like everything a line needs to be drawn and there is always going to be someone that loses out and someone that gains.
  • Maybe if the critera had been the same you may have realised a lot earlier that you were actually entitled to DLA. You never know, all I'm trying to say is something needs to be done. It's like everything a line needs to be drawn and there is always going to be someone that loses out and someone that gains.
    Actually, one of the criterion is the same - it wasn't 'til I'd been awarded the blue badge that I realised that I'd be eligible for DLA. It still doesn't alter the fact that not everyone who qualifies for HRM DLA claims for it. It doesn't mean that they should be denied a blue badge as well because they've chosen not to claim DLA for whatever reason.
    s/e
  • daska
    daska Posts: 6,212 Forumite
    First Anniversary Combo Breaker
    P4ula wrote: »
    Recently the council changed their policy here to only allow cars with the disabled tax disc to park free in their car parks and the shopping centre changed to only allow cars with disabled tax discs to park in their disabled spaces. There was a lot of discussion about it in our local press.
    Blakespops wrote: »
    I personally think this is a wonderful idea, will cut out the abuse of the system that happens. Lets face it the system has been abused by so many for so long that it needs a rethink on how best to make sure only the people who deserve the special privlage are aforded it, not the family and friends who just share a badge for conveniance rather than need.

    Now, I have to disagree with this being a wonderful idea... I get HRM because I have severe mobility problems. We're on an exceedingly low income, my husband also has a chronic illness and we have 3 kids including a toddler - we can't afford two cars. I've had to give up my tax disc because my husband now needs to use the car for work occasionally (he has to be able to access rural areas). So, my needs and qualifications haven't changed but all of a sudden there are car-parks where I can't use a disabled bay. What's fair or advantageous to a genuinely disabled person about that? All it means is that I'm even more excluded than I was previously... I actually can't go into my local town centre now because all the carparks are overflowing, the double yellows near the shops that are on the roads are all 'no stopping at any time' and the rest of the town centre is pedestrian only.

    I agree the system needs a shake-up but limiting disabled bays to free tax disc holders discriminates against disabled people on low incomes.
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