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  • I know all about the automatic entitlement for a Blue Badge, and how others without a relevant benefit award can get them, but what about when you have an improvement in your ability to mobilise or more importantly when you lose the relevant benefit. Does the Badge have to be returned? I'm thinking of when you lose the DLA award, appeal against that decision and 12 months later they change the decision and award it again. What happens in that period when there is no actual DLA award in place?
    I only ask as a family friend has just had his higher mobility taken off him and is going through the appeal process. Is it legal to still use the badge in that appeal period?
  • SandraScarlett
    SandraScarlett Posts: 4,133 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 14 April 2014 at 12:25PM
    I know all about the automatic entitlement for a Blue Badge, and how others without a relevant benefit award can get them, but what about when you have an improvement in your ability to mobilise or more importantly when you lose the relevant benefit. Does the Badge have to be returned? I'm thinking of when you lose the DLA award, appeal against that decision and 12 months later they change the decision and award it again. What happens in that period when there is no actual DLA award in place?
    I only ask as a family friend has just had his higher mobility taken off him and is going through the appeal process. Is it legal to still use the badge in that appeal period?

    This is a reply you gave to someone on another thread

    You mention Income Support. If because of your income/hours you go over the maximum limit, then the claim will close down, not just be suspended. Same with any means tested benefit, you have to make a new claim. Obviously it would be easier if they did just suspend it but they don't. In my mum's case, she won't hear about a renewal of her Attendance award before the old one runs out. She is a part of a Pension Credit claim that is basically paid on the strength of an Attendance award being in place. Until a new award is made, the Pension Credit claim will not exist. When the new award is made which will be backdated to the date of the old one finishing, the Pension Credit award can only be backdated 3 months max.
    Substitute Pension Credit for Income Support and you will see that you could well be chasing new claims every time you go over the limits.


    You've answered yourself. Substitute BB for PC or IS.


    xx
  • I know all about the automatic entitlement for a Blue Badge, and how others without a relevant benefit award can get them, but what about when you have an improvement in your ability to mobilise or more importantly when you lose the relevant benefit. Does the Badge have to be returned? I'm thinking of when you lose the DLA award, appeal against that decision and 12 months later they change the decision and award it again. What happens in that period when there is no actual DLA award in place?
    I only ask as a family friend has just had his higher mobility taken off him and is going through the appeal process. Is it legal to still use the badge in that appeal period?

    - no, the DLA award removal already decided removal of entitlement
    - success with the appeal and reinstatement of the award will lead to a 'without further assessment' BB award

    The misuse of a Blue Badge is a serious offence, the original award was based on the DLAHRM criteria, that clearly no longer applies. You can report [submit Blue Badge number and National Insurance Number] that change of circumstances to the BB issuer or the new online system .. .. but claim the severe mobility problems still exist and ask for a BB issue under the 'with further assessment' rules by a local O/T.
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
  • - no, the DLA award removal already decided removal of entitlement
    - success with the appeal and reinstatement of the award will lead to a 'without further assessment' BB award

    The misuse of a Blue Badge is a serious offence, the original award was based on the DLAHRM criteria, that clearly no longer applies. You can report [submit Blue Badge number and National Insurance Number] that change of circumstances to the BB issuer or the new online system .. .. but claim the severe mobility problems still exist and ask for a BB issue under the 'with further assessment' rules by a local O/T.

    Thankyou so much, that explains it quite clearly. I will tell him that he is acting in an illegal way by keeping hold of the Badge. I'll tell him to send it back to who issued it. He hardly ever uses it to be honest as he doesn't drive, the DVLA took his licence off him nearly a year ago due to health matters.
  • Thankyou so much, that explains it quite clearly. I will tell him that he is acting in an illegal way by keeping hold of the Badge. I'll tell him to send it back to who issued it. He hardly ever uses it to be honest as he doesn't drive, the DVLA took his licence off him nearly a year ago due to health matters.

    - he should notify, and should have [up to £1,000 fine] notified the DVLA on health if his condition was notifiable
    - if he needs the benefits of a blue badge he can apply even without a car the tests he needs to pass are here
    - he can specify three specific Vehicle Registration Numbers he is most likely [enforcement] to use a Blue Badge in
    - but he can use the Blue Badge in other vehicles too
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
  • - he should notify, and should have [up to £1,000 fine] notified the DVLA on health if his condition was notifiable
    - if he needs the benefits of a blue badge he can apply even without a car the tests he needs to pass are here
    - he can specify three specific Vehicle Registration Numbers he is most likely [enforcement] to use a Blue Badge in
    - but he can use the Blue Badge in other vehicles too

    Many thanks. He did notify the DVLA and they have withdrawn his right to have a licence.
    He doesn't have a car and isn't allowed to drive one. Looking at that application form, it seems to be just as bad as the DLA application form phew!!
    I'll pass on the details to him, but I would expect him to want to wait to see what the outcome is of the DLA re-application.
    To be honest he vary rarely used the Badge so I can't imagine that applying for one with that form will fill him with joy.
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