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Fraudulant use of Motability car?

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  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    DVLA not DWP.

    DWP have even less of an idea about the law than Motability does.
    Vehicle Tax exemption
    The vehicle must be registered in the disabled person’s name or their nominated driver’s name. It must only be used for the disabled person’s personal needs. It can’t be used by the nominated driver for their own personal use.

    Unlike Motability's idea of benefitting the person, the law states that it must be personal needs.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • sheramber
    sheramber Posts: 22,491 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    A few years ago a colleague's husband got a Motability car. He didnlt drive very much
    She drove the car to work and he drove home. He drove back to pick her up at finishing time and she drove home.

    When he was admitted to hospital for good Motability told her she could keep the car to use to visit him in hospital but not for other use.
  • !!!!!! wrote: »
    DVLA not DWP.

    DWP have even less of an idea about the law than Motability does.



    Unlike Motability's idea of benefitting the person, the law states that it must be personal needs.

    So even if I don't work, I'm still breaking the law if I use the car to go and collect a prescription for me rather than him? And I didn't tell Motability to ring DWP, they did that. I agree the law should be changed if Motability are telling people they can do something that isn't strictly within the letter of the law, but that takes time. Time sadly my husband doesn't have.
  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    sarahswan1 wrote: »
    So even if I don't work, I'm still breaking the law if I use the car to go and collect a prescription for me rather than him? And I didn't tell Motability to ring DWP, they did that. I agree the law should be changed if Motability are telling people they can do something that isn't strictly within the letter of the law, but that takes time. Time sadly my husband doesn't have.
    Unfortunately the example you give isn't even covered by Motability's 'benefit' idea. There is no benefit either directly or indirectly to the person with you picking up a prescription for yourself.

    I agree the law should be clarified either by ensuring that Motability give correct, legal advice rather than their thoughts on what it should be or the law is changed.

    This may sound callous but is not intended to be but I'm sorry the argument that time is not on your husbands does not make ignoring the law OK
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • !!!!!! wrote: »
    Unfortunately the example you give isn't even covered by Motability's 'benefit' idea. There is no benefit either directly or indirectly to the person with you picking up a prescription for yourself.

    I agree the law should be clarified either by ensuring that Motability give correct, legal advice rather than their thoughts on what it should be or the law is changed.

    This may sound callous but is not intended to be but I'm sorry the argument that time is not on your husbands does not make ignoring the law OK

    So on that basis, anyone doing anything in a Motability car that is not absolutely for the disabled person is breaking the law? That then makes it impossible to have the car and stay within the law. It is impossible for us to manage without the car, so I will simply have to break the law. I shall have to live with that.
  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If you think about another tax break for disabled people, VAT on aids/adaptions.

    If we want a new settee we can claim a VAT exemption on a riser-recliner due to my disability. Now my OH gets a bit of back ache every now and then and quite likes sitting on my chair which is usually alright as he will move to a normal seat when I want on the sofa.

    Would it be alright for us to claim VAT relief on 2 chairs because I'll indirectly benefit from him not using my chair to relax on?
  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    sarahswan1 wrote: »
    So on that basis, anyone doing anything in a Motability car that is not absolutely for the disabled person is breaking the law?
    Correct
    sarahswan1 wrote: »
    That then makes it impossible to have the car and stay within the law. It is impossible for us to manage without the car, so I will simply have to break the law. I shall have to live with that.
    Or you get a car for YOUR personal needs
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Confuseddot
    Confuseddot Posts: 1,755 Forumite
    Play nice :eek: Just because I am paranoid doesn't mean they are not out to get me.:j
  • marleyboy
    marleyboy Posts: 16,698 Forumite
    10,000 Posts Combo Breaker
    Originally Posted by sarahswan1 viewpost.gif
    That then makes it impossible to have the car and stay within the law. It is impossible for us to manage without the car, so I will simply have to break the law. I shall have to live with that.
    Look at the car as NOT being yours, but as belonging to the person with the disability. As above, if you want a car for your OWN benefits, buy yourself one.

    A neighbour approaching me and saying "It is impossible for us to manage without a car.", is hardly going to make me say "Here.....Have mine". Your predicament is it is for the person with the disability, not for the designated driver.
    :A:dance:1+1+1=1:dance::A
    "Marleyboy you are a legend!"
    MarleyBoy "You are the Greatest"
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  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    If partner did not have a disability you would still need to fund a car for your work and personal use so nothing changes. Car cost is covered by DLA, fuel costs are either going to be for the disability car OR yours on a per trip basis, never both at the same time.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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