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Re-instatement of Full Mobility by tribunal
- IanR
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5 years 5 months ago #239670 by IanR
Re-instatement of Full Mobility by tribunal was created by IanR
A friend with MS lost his Motability vehicle upon the change from DLA to PIP. He purchased his own vehicle and is now awaiting a tribunal date in the hope of having full mobility re-instated.
I recently had a DWP decision overturned by tribunal and had full mobility returned to me. I did not have a Motability vehicle. I had no difficulty in receiving a full refund from the DVLA for the one and a half year's worth of road tax I had to pay whilst waiting for the tribunal.
But what about my friend? He has gone to considerable expense to purchase a vehicle after his Motability vehicle was taken away from him. If the tribunal overturns the DWP's decision and award him full points for mobility will he be able to, somehow, make a claim for recompense?
Or have ATOS and the DWP done the dirty again?
I recently had a DWP decision overturned by tribunal and had full mobility returned to me. I did not have a Motability vehicle. I had no difficulty in receiving a full refund from the DVLA for the one and a half year's worth of road tax I had to pay whilst waiting for the tribunal.
But what about my friend? He has gone to considerable expense to purchase a vehicle after his Motability vehicle was taken away from him. If the tribunal overturns the DWP's decision and award him full points for mobility will he be able to, somehow, make a claim for recompense?
Or have ATOS and the DWP done the dirty again?
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- Gordon
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5 years 5 months ago #239685 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re-instatement of Full Mobility by tribunal
IanR
I'm afraid not, unless they can show that there was an Official Error in the making of the Decision, the decision being revised at an appeal would not mean that there was an Error in the making of the original Decision.
Gordon
I'm afraid not, unless they can show that there was an Official Error in the making of the Decision, the decision being revised at an appeal would not mean that there was an Error in the making of the original Decision.
Gordon
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- IanR
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5 years 5 months ago #239722 by IanR
Replied by IanR on topic Re-instatement of Full Mobility by tribunal
Gordon, I think I understand the logic in your answer.
However, after the tribunal, the DWP issued me with a new certificate stating that I was on full mobility from such and such a date. I simply sent this certificate to the DVLA with a covering letter and subsequently received a cheque for the full amount of road tax I had paid. I did not have to show/prove that the DWP had made an Official Error.
Together with the back-dated payment I received from the DWP, for the amount of benefit I had missed out on, this fully recompensed me for what it had cost me financially.
It seems to me that anyone who loses their Motability vehicle and has to purchase their own vehicle is losing out financially in exactly the same way as I did with road tax. There is no difference. Of course it would be much more difficult to calculate the actual cost of purchasing one's own vehicle, having to take into account depreciation and so on, but the principle will be the same. (Not having had full No Claims Discount, my friend's first year's insurance cost him £900.)
Presumably, my friend would be able to claim for the road tax he has had to pay.
What a truly terrible system.
IanR
However, after the tribunal, the DWP issued me with a new certificate stating that I was on full mobility from such and such a date. I simply sent this certificate to the DVLA with a covering letter and subsequently received a cheque for the full amount of road tax I had paid. I did not have to show/prove that the DWP had made an Official Error.
Together with the back-dated payment I received from the DWP, for the amount of benefit I had missed out on, this fully recompensed me for what it had cost me financially.
It seems to me that anyone who loses their Motability vehicle and has to purchase their own vehicle is losing out financially in exactly the same way as I did with road tax. There is no difference. Of course it would be much more difficult to calculate the actual cost of purchasing one's own vehicle, having to take into account depreciation and so on, but the principle will be the same. (Not having had full No Claims Discount, my friend's first year's insurance cost him £900.)
Presumably, my friend would be able to claim for the road tax he has had to pay.
What a truly terrible system.
IanR
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- Gordon
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5 years 5 months ago #239733 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re-instatement of Full Mobility by tribunal
Ian
The situations are different, if your friend receives an EnhancedMobility award they will receive back payment of the missed benefit, whether they could have used that money to finance a Motability car is a separate issue from their entitlement to the benefit and nothing to do with the DWP or the appeal.
Yes, like you they would be able to reclaim any Car Tax that they had overpaid.
Gordon
The situations are different, if your friend receives an EnhancedMobility award they will receive back payment of the missed benefit, whether they could have used that money to finance a Motability car is a separate issue from their entitlement to the benefit and nothing to do with the DWP or the appeal.
Yes, like you they would be able to reclaim any Car Tax that they had overpaid.
Gordon
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