Blue Badge Assessment

missbiggles1

50Twuncle wrote: »

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 ...

I thought that perhaps the difference in wording between c and d was for a reason.

50Twuncle

!!!!!! wrote: »

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

You may be right - don't know - but this is a BB in any case !

colin13

50Twuncle wrote: »

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)

can u drive with splint on,,if not then imo that is way u get tested,,because u cant park car if u cant drive,,

Parva

colin13 wrote: »

can u drive with splint on,,if not then imo that is way u get tested,,because u cant park car if u cant drive,,

I have no right leg whatsoever and yet I still drive. I could drive 300 miles easily without issue yet I would struggle to 'walk' with crutches for 20M, if that. Not quite sure where driving comes into this.

50Twuncle

Sorry PARVA - this is not supposed to offend you - but
Would Oscar Pistorius be entitled to a BB and Max Mobility DLA/PiP ?

50Twuncle

colin13 wrote: »

can u drive with splint on,,if not then imo that is way u get tested,,because u cant park car if u cant drive,,

Yes - I can drive with a splint on or off - the car is automatic and my gammy leg is my left one !

dori2o

Don‘t forget that it‘s not just the distance or time that matters, pain and discomfort is also a factor.

If you can walk 300m but are in severe pain/discomfort from 10m/20m or even from the first step, then you should be entitled to the badge as you would be defined as (what was previously known as) being virtually unable to walk.

missbiggles1

colin13 wrote: »

can u drive with splint on,,if not then imo that is way u get tested,,because u cant park car if u cant drive,,

Whether you're actually driving has nothing to do with getting a Blue Badge.

50Twuncle

dori2o wrote: »

Don‘t forget that it‘s not just the distance or time that matters, pain and discomfort is also a factor.

If you can walk 300m but are in severe pain/discomfort from 10m/20m or even from the first step, then you should be entitled to the badge as you would be defined as (what was previously known as) being virtually unable to walk.

But anyone can claim to be in pain - how do I prove it ?

rogerblack

dori2o wrote: »

Don‘t forget that it‘s not just the distance or time that matters, pain and discomfort is also a factor.

If you can walk 300m but are in severe pain/discomfort from 10m/20m or even from the first step, then you should be entitled to the badge as you would be defined as (what was previously known as) being virtually unable to walk.

This is for DLA.
You cannot simply take definitions from one bit of legislation and read them into similar phrases used in other laws. It needs to be explicit.
'has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.'
Is the entire definition in England.
For Scotland, the 'considerable difficulty' part of this is changed to 'virtually unable to walk'.

Which is not defined.
My understanding is the only challenges to decisions under this could be by judicial review, and that there have been none that would clarify the meaning in this area.