Disabled parents and school

jetta_wales

sunnyone wrote: »

The rules are not relaxed for a motability car, they are the same as every on every other car with a disabled class tax disc, if they were diffrent why did the DVLA come out and threaten my husband with prosicution if he used my car for work or any other personal useage?

Ask for it in writing from the DVLA that its ok for your husband to use YOUR disabled tax disc for work and other personal usage and dont bother saying that he wont use it for other reasons than work because we all know that will be a lie, he will go to visit his family, friends and/or go to the footy because he will have the car, he will want to show it off and he will just use it as and when he wants to.

You wont get it in writing, they wont send anyone it in writing because its not ok, its illegal.

Again more assumptions and wild accusations. As I've already said we are hardly ever apart we have the same interests and the same friends as I get on better with guys than girls I'd rather talk about a computer or car than hair and shoes.

His family live 5 hours away we go together and stay a few nights each time.

You can not converse without resorting to these silly assumptions and accusations and what's even more parculiar is that you think I give two hoots about your little digs. I don't :-)

Former_MSE_Andrea

Hi everyone

Can everyone on the thread try to calm down now.

To those responding, while you may feel frustrated, your points will hold more weight if you can say them without venting.

To the OP, unfortunately it's a fact of forum life that you may not always get a response you want to hear. If you don't like how people respond and feel the Forum Team should be aware please just report and stop replying. Countering back in the same manner doesn't help you or anyone else.

Thanks!

Andrea

starchild1972

Yes your partner could use the car with tax exemption disc to take aforesaid child to school (as that helps you the disabled person directly just like shopping, getting prescriptions etc)
NO he CANNOT use the vehicle with tax exemption disc to get to and from his place of work.

To claim exemption from paying vehicle tax, the vehicle must be registered in your name or registered in the name of someone you nominate to drive for you (a nominee).
The vehicle must only be used for your purposes, for example shopping or getting prescriptions. [Including taking child to school]
If it is being used by the nominee or someone else for their own personal needs [i.e. getting to and from place of work], then the exemption will be lost. If you no longer qualify for vehicle tax exemption, you will need to tax your car in the appropriate tax class and pay the correct rate of vehicle tax.

http://www.direct.gov.uk/en/DisabledPeople/MotoringAndTransport/Yourvehicleandlicence/DG_10028003
(My bold)

Confirmed with DVLA today for a completely different person. DVLA overrule Motability.

jetta_wales

The DVLA have said that the rules for tax exemption are set by the DWP and the DWP have said that they only have criteria relevant to tax exemption for your own vehicle but it is different with Motability and if your use of the vehicle is agree'd upon by them then that is perfectly fine. It wasn't just some call centre agent reading from their web site she took my number, looked into it with her manager and called me back to confirm.

I would advise anybody else looking to use the Motability scheme to talk to them about it and look into it themselves further if you still have any doubts but just because somebody on a forum says they know everything it doesn't make it true so don't be afraid to look into it for yourself.

starchild1972

jetta_wales wrote: »

I would advise anybody else looking to use the Motability scheme to talk to them about it and look into it themselves further if you still have any doubts but just because somebody on a forum says they know everything it doesn't make it true so don't be afraid to look into it for yourself.

The rules for exemption are NOT laid down by the DWP but by an Act of Parliament.

I DO use motability scheme. I also called DVLA who told me ALL the relevant information plus directed me to the website.
btw Motability website
It is covered by an act of parliament. IF you were told otherwise then either they did not know the actual law or they were lying! The vehicle has to be used by, kept for or used for the purposes of the disabled person. Him going to work means the car is NOT being kept for your use or for the purposes of your use.

IF HE GETS CAUGHT YOU WILL LOSE YOUR VEHICLE AND WILL NOT BE ALLOWED ANOTHER UNDER THE MOTABILITY SCHEME.

Sorry!

19(1)A vehicle is an exempt vehicle when it is being used, or kept for use, by or for the purposes of a disabled person who satisfies sub-paragraph (2) if—E+W+S+N.I.

That is the LAW
http://www.legislation.gov.uk/ukpga/1994/22/schedule/2

DWP and DVLA are not above the Vehicle Excise and Registration Act 1994.

And neither is your other half.

blue_monkey_2

I think we are banging a head against a brick wall with this one now, the OP reckons she knows and everyone else (even those using the scheme) are wrong and clearly Motability know more than anyone else. Time for her to find out for herself as she clearly intends on doing so.

Sometimes you cannot tell anyone anything, they are always going to be right - even when they are wrong. But as Motability have given her permission, it must be correct and she will get let off if they catch her. Cos' Motability said so. And Motability set ALL the rules, don't they.

jetta_wales

I have gone in every direction, DWP, DVLA and Motability and they have agree'd that the definition given by Motability for what is classed as 'for the purposes of the dissabled person' is correct and in the case of a parent or spouse whereby they are the main bread winner it is perfectly acceptable to use it for work. I've spoken to enough people and their managers to have this very solidly confirmed and it would make no sense to think them all liars or incompetent and some hot headed strangers on a forum know better lol.

Hence if anybody else is in such a position it would be sensible to look into these things by yourself as I have done really quite exaustivly now.

sunnyone

We all know that she would come back here and say she was right and we are all wrong, I have had the DVLA out to investigate the abuse of a disabled tax disc on a motability car and I have also spoke to them umpteen times and no matter what the tax disc is for the disabled person only, no one else but since she believes her own fairytales maybe on her planet she wont get caught but she will, what goes around comes around.

starchild1972

jetta_wales wrote: »

I
Hence if anybody else is in such a position it would be sensible to look into these things by yourself as I have done really quite exaustivly now.

My last words on this subject...

I HAVE DONE.

Savanna

It would be helpful if you could post a link to the online information you say you found on a test case which set a precedent about this please Jetta.