Blue Badge Assessment

50Twuncle

I have a Blue Badge assessnent next week.

I can only walk a few steps before the pain gets too bad - however with a leg splint on - I can walk much further with less pain.
My condition has been going on for years and is expected to deteriorate further still.

I am assuming that the assessment will look at how far I can walk with and without aids ?
My leg splint is too bulky to wear under trousers so I have to wear shorts (fine at this time of year - but not in mid-winter)

rogerblack

The regulations don't specify.
If you have an aid, and it works, it would seem reasonable to ask why you're not using it.
Simply because it doesn't fit under regular trousers doesn't seem an especially great reason.

Torry_Quine

If you can walk further wearing the splint then I would have expected that to be the distance used. May have to see if there are other trousers or wear on top.

50Twuncle

Don't the rules for PIP mobility assessment - specify:

2. Moving around.
a. Can stand and then move more than 200 metres, either aided or unaided. 0 points.
b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.
c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points.
f. Cannot, either aided or unaided, –
(i) stand; or
(ii) move more than 1 metre. 12 points.

Which, to me - looks as if they are saying that, despite the fact that someone can walk between 50 and 200 metres aided or unaided - if they are UNABLE to walk UNAIDED for between 20 and 50 metres - they get 8 points ?
I know that this is PIP rather than blue badge - but this must be considered a level playing field ?

rogerblack

50Twuncle wrote: »

I know that this is PIP rather than blue badge - but this must be considered a level playing field ?

Hahahhahahhhahhahaha.

Alas not, that would be way too logical.
If you are eligible for the right mobility rate of PIP, you may be automatically entitled to a BB.

But, unless the legislation in question specifically defines the terms they use, those terms have 'their ordinary english meaning'.

It would specifically have to say 'virtually unable to work takes its meaning from S.whatever Personal independance Payments act 2012' or similar.

The relevant legislation is a couple of sentances, and does not refer directly to DLA or PIP.

To be specific.
For england:
http://www.legislation.gov.uk/uksi/2000/682/regulation/4/made
'has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.'

These are not further defined in 'interpretation' - but you can't just read across the DLA or PIP criteria automatically.

missbiggles1

50Twuncle wrote: »

Don't the rules for PIP mobility assessment - specify:

2. Moving around.
a. Can stand and then move more than 200 metres, either aided or unaided. 0 points.
b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.
c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points.
f. Cannot, either aided or unaided, –
(i) stand; or
(ii) move more than 1 metre. 12 points.

Which, to me - looks as if they are saying that, despite the fact that someone can walk between 50 and 200 metres aided or unaided - if they are UNABLE to walk UNAIDED for between 20 and 50 metres - they get 8 points ?
I know that this is PIP rather than blue badge - but this must be considered a level playing field ?

Shouldn't it be "d" that's applicable here, not "c"?

rogerblack

missbiggles1 wrote: »

Shouldn't it be "d" that's applicable here, not "c"?

Answering only for PIP - 'b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.' or the corresponding 0 point descriptor for >200m - if the OP can walk 50m, several times, perhaps with a rest between, reliably and safely with the aid, most of the time, with appropriate over-covering.

To be clear - this is not relevant to BB legally, though it is possible they may mirror the DLA/PIP criteria, there is no legal basis for this.

missbiggles1

rogerblack wrote: »

Answering only for PIP - 'b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.' or the corresponding 0 point descriptor for >200m - if the OP can walk 50m, several times, perhaps with a rest between, reliably and safely with the aid, most of the time, with appropriate over-covering.

To be clear - this is not relevant to BB legally, though it is possible they may mirror the DLA/PIP criteria, there is no legal basis for this.

Does "unaided" mean the same thing as without an "aid or appliance" or does it mean without help?

Genuine question, just out of interest.

50Twuncle

missbiggles1 wrote: »

Does "unaided" mean the same thing as without an "aid or appliance" or does it mean without help?

Genuine question, just out of interest.

I am assuming that it means without any aids - be it human or other !!

It is typical DWP (or should that be government as a whole) - not setting specific rules - leaving it to the individual to decide what it actually means.....
There are no preset rules as to whether an applicant has any right of appeal - it is down to the county council, which cannot be right.
Whilst - I currently do not claim any DLA/PiP Mobility - It appears that I am entitled to claim it - on the grounds mentioned above - which would automatically entitle me to a BB
So I guess it comes down to whether an ENTITLEMENT to DLA/PiP mobility is the same as a claim - as far as a BB application is concerned ...

50Twuncle

missbiggles1 wrote: »

Shouldn't it be "d" that's applicable here, not "c"?

c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
No - I can stand and walk for more than 50 metres with my leg splint - but I am unable to stand and walk for between 20 and 50 metres without it !!

System

My interpretation

b.Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.

As there is an OR in there then the condition is satisfied if it can be achieved with aids. If more than 200m then a. applies