PIP enhanced mobility: VEL exemption query

I'm confused and would welcome advice please.

My partner and I jointly own a car. I'm recorded as the registered keeper with DVLA. (It could have been either of us and we could change reg keeper, but the same issue still arises). I have PIP enhanced mobility and can apply for exemption from excise duty on the car. That's a saving of £185, so it's a real consideration. My partner also has PIP enhanced mobility and is entitled to the same exemption.

But...it seems to hinge on who's the registered keeper. I can apply and would be entitled. But if my partner applied, there'd be a problem with the registered keeper requirement. Partner isn't the reg keeper and I don't understand the nominated driver clause. I've asked DVLA ( cut and paste reply) :


'...I have provided information below on who can claim and use the vehicle when it is taxed as disabled.

The legislation governing the exemption of vehicle tax is quite specific. To qualify for exemption the vehicle must be: -

• Used by or for; the sole purpose of the disabled person.

• Claimed only if the disabled person is travelling in the vehicle or the vehicle is being used for the direct purposes of the disabled person e.g. getting prescriptions or shopping.

• Registered in the name of the disabled person or his/her nominee. *The name of the nominee must be provided on the exemption certificate (issued by the relevant agency – this would not apply on the “certificate of entitlement to DLA issued from 24th October 2011).'

Bullet point 1 is OK, fulfilled by both of us.

Bullet point 2 is OK, fulfilled by both of us.

Bullet point 3...ok for me as registered keeper, but how does my partner fulfil this requirement?

It seems to be discriminating against my partner whose entitlement to exemption is fulfilled totally, but only if someone else is nominated in their name. Seems demeaning, but maybe I'm missing the blindingly obvious.

If the claimant does not have a car in their own name, they are able to nominate one to benefit from the free 'tax' - as long as the other conditions are fulfilled.

If I have got hold of the wrong end of the stick and misunderstood your question, please reply to this message and we will our best to help.

Thanks Mrs H.

The point is we are both claimants for the same car. We jointly own the car, but it can only have one reg keeper.

We both drive the car. If my partner drives, the reg keeper bit isn't fulfilled by her as I'm the reg keeper. Nominating me to drive doesn't cover her to drive. It's her car too and she has enhanced mobility PIP and fulfills all the exemption requirements except being the reg keeper. And can't be the reg keeper as DVLA only allow one reg keeper.

It's like Catch 22 for her. We can get exemption, but if she drove without tax, it'd be illegal...I think.

Thanks Gordon. I understand the rationale, but it still presents a problem. I'll contact DVLA again and see if they'll confirm one way or another. If the vehicle is legally exempt and we both have proof of enhanced mobility, in principle we should both be legally able to drive the car. It's just the third bullet requirement that's a problem.

Update

I've requested clarification from DVLA.

Their response is that I should seek further advice from DWP and they give me the 'local office' address and phone number for the 'DLA office'.

I'm concerned by their 'advice'.

This is not a DWP issue. It's for the VEL to clarify and confirm.

It's an offence to drive a car without the correct vehicle excise licence. The VEL provisions allow exemption in specific circumstances, in this case where there's enhanced mobility. So why can't DVLA say, yes, that's fine, the vehicle is exempt, because the registered keeper ( me) has enhanced mobility. And ( assuming proof of entitlement) it may also be driven by the joint owner. They've avoided an answer and directed my clarification to DWP. Who won't be able to answer an excise question.

It's not entirely straightforward and the tax is due in just over a week and I'd like to confirm, one way or another, before then.

Any suggestions please?