DLA Renewal and Motability Contract

[fluffycloud]

We were allocated DLA higher rate mobility for my son in August 08, we swapped it for the motability scheme and paid £3k in deposit for an S Max on Contract hire via the motability scheme. Its a 3 year contract so in effect it runs till August 2011.

 

I have just had a letter and renewal pack saying the DLA is to expire in April 2010 and I have to reapply.

 

If my son is not awarded the DLA at higher rate, do we have to continue with the car payments?? what happens?? Can we terminate the agreement ?

 

HELP PLEASE:confused: !!!

[Surfer01]

Best people to ask are the Motability people. At the moment I would not worry about it.

[JonCris]

You took out the contract based on your sons eligibility to receive higher DLA If it ceases you can return the car in good condition without cost (fair wear & tear accepted) or refinance it

 

Don't forget a number of contracts are terminated prematurely & for all kinds of reasons the principal one being death of the recipient

[Bookworm]

What did your original notif of DLA say? I'm pretty sure one of the conditions to qualify for the Mota scheme is that the recipient should be awarded the higher rate mobility for the duration of the contract. :-?

 

Didn't you check when it first got awarded? Or is it a sudden change of mind by the DWP? Is your child reaching an age milestone maybe?

[JonCris]

A Motability contract hire will only be entered into where there is at least 3 years higher rate DLA shown to be remaining on the certificate which must be produced at the time of hire.

 

It may be that they wish to check that your son is still incapacitated to the same extent to warrant the higher DLA You can ask either for an extension to the hire or an earlier assessment

[mazbck]

We are in a situation more or less the same, my son's DLA was refused, and it has now gone to appeal with the help of doctors, MP and his specialist. We also have a car involved and we were worried sick about what to do.

 

We got a letter from Motability stating that as it has gone to appeal we could keep the car for another 6 months or until the appeal was sorted, and when we win and the money is back-dated the payments would go straight to Motability, if we dont the car would need to be handed back, but there would be no charge.

[jackst01]

Hi Maz

 

We have just been through all this with my daughter last year. In the end we won the appeal and kept the car, but it is really stressful. If I had have lost I would have had no way of getting my daughter to school unless I had got a taxi every day. Hope everything is going well for you.

[mazbck]

Thanks Jackst01, the DLA have looked at it and said no again, so it has now gone to appeal with the help of the Welfare Benefits Office here locally.

 

My son's Specialists (and he has a few) are appalled at the decision and are supporting us 110% all the way.

[jackst01]

Sounds like the ordeal I went through last year. We went from higher rate care and mobility to zero, zilch, nothing!! I really couldn't believe it. Have you requested a copy of your claim? As all may become clear. I am convinced that my daughter was refused due to the schools statement. You will be fine as long as you are well prepared and have lots and lots of evidence. I included a diary and got supporting statements from each and every professional dealing with my daughter, everyone was brilliant and although we didn't get the result we wanted, we still ended up with lower rate care and higher rate mobility. This baffles me a little as someone who needs continual support in walking must surely need a lot of help with care lol!

[mazbck]

His went from Higher Mobility/middle carer's to zero too, the welfare benefits team are requesting everything, but I know that there is an ATOs medical involved after he claimed ESA in the summer and was refused!!!

 

With my son its severe atopic ezcema to the point he is on immunosuppressants, and his legs are so bad that they are completely covered in sores/cracks behind his knees!!! He can hardly walk on the good days let alone the bad days.