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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Extension of the Blue Badge scheme

Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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In July 2018 the Department of Transport announced its intention to expand the Blue Badge scheme to include people with “hidden disabilities” such as autism and mental health problems.  This is supposed to happen sometime this year.  Does anyone have any idea when this will be?

Paul_Treloar_AgeUK
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http://www.legislation.gov.uk/uksi/2019/891/made

In force from 30 August 2019, the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2019 (SI.No.891/2019) amend the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 to -

• extend the eligibility criteria for a Blue Badge to people whose non-physical impairment impacts on their ability to walk during the course of a journey;

Why it’s from 30 August 2019, I have no idea but presumably this is the relevant change they’ve been promising to make?

Ruth_T
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Paul:

Many thanks for this, which appears to be the promised change.

My query was raised by the parent of a child with autism and who has no sense of danger.  I note that receipt of PIP mobility component has been made a qualifying criterion, and the legislation thus excludes anyone under 16 from applying.

Paul_Treloar_AgeUK
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New guidance was issued by the Department for Transport over the weekend.

People with hidden disabilities will soon be able to access Blue Badge parking permits, thanks to the rollout of new guidance today (June 15 2019).

For drivers or passengers with dementia, anxiety disorders or reduced mobility, the anticipation of travel difficulties such as finding a parking space can build on top of the stress of the journey itself.

The new guidance, which represents the biggest change to the scheme since the 1970s, will offer a lifeline to people who often find road travel difficult by providing better access to work and other amenities. It will also help combat loneliness by enabling them to stay connected to family and friends.

Review of Blue Badge fraud as scheme is extended to those with ‘hidden disabilities’

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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ROBBO
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Can anyone explain why a Blue Badge would be automatic for (e) but not (f)?

Is it possible you could score for both, but only awarded the higher descriptor so you’d miss out on an automatic Blue Badge?

BC Welfare Rights
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Hmm, it looks that way. A drafting error or the DWP refusing to accept that 11F can be awarded on the grounds of psychological distress again?

ROBBO
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The guidance linked to above includes this ‘explanation’.

• While cumulative points under the “moving around” mobility activity can
count towards qualification under this criterion, this does not apply to the
‘planning and following journeys’ mobility activity. Under the ‘planning and
following journeys’ mobility activity only a score of 10 points for Descriptor
E (‘cannot undertake any journey because it would cause overwhelming
psychological distress to the claimant’) counts as meeting eligibility.
Applicants in receipt of 10 points for Descriptor D, or 12 points for
Descriptor F under the ‘planning and following journeys’ mobility activity do
not qualify under this criterion. Such applicants should be considered
under the ‘subject to further assessment’ criteria.

Stuart G
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Council rejected a client’s Blue Badge application and want them to attend an assessment.  I asked them to reconsider using the new criteria in force from 30th August (and issue the Blue Badge from 30th August). My view is that although client’s application might fail on old criteria, it will be successful on the new criteria. 

Council say that they can’t consider the new criteria because the original application was not made on the basis of the new criteria. They still want client to go for an Assessment.

Council say that, if we want them to consider the new criteria, the client must make a new application.  Is the Council right? It seems a bit petty and inflexible to me.  If they’re wrong, can anyone quote chapter and verse, please?

Thank you.

Mike Hughes
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I would guess that like most things you’re assessed on how you and the law were on the date of application. If the relevant change wasn’t in place on the date of application then you either review all cases to whom it may apply or invite new applications. The former would be onerous; poorly resourced and likely antagonise significant numbers of existing recipients unnecessarily.

Paul_Treloar_AgeUK
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You’d assume so Mike, but this part of the new regulations suggests applications made before 30 August can be dealt with after this date under new rules.

Pending applications for a disabled person’s badge

3.  For the purposes of any application for a disabled person’s badge(7) which—

(a)has been made by an applicant, and

(b)is pending at the time these Regulations come into force,

the definition of “expert assessor” as inserted by regulation 2(2)(a) shall include the definition of an “independent mobility assessor”(8), omitted by regulation 2(2)(b), for the purposes of that applicant’s certification under regulation 4(2)(f) of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000.

However, that also clearly coutenances the person being required to attend an assessment as well, so I think your client does need to attend an assessment Stuart.

Mike Hughes
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John Birks - 17 June 2019 03:11 PM

https://www.disabledmotoring.org/news-and-features/news/post/499-blue-badge-eligibility-criteria-changes-come-into-effect-in-august-

What a horrible reactionary article. The comments are no better. Setting disabled users against others. Hmm. Where have I seen that approach before?!

The solution to insufficient accessible parking is not to restrict the access of disabled people to Blue Badges . It is to legislate for a higher percentage of accessible parking; further improve public transport and get cars off the road where it is practical to do so.

Stuart G
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Thanks, Mike and Paul, especially for getting back to me so quickly. 

I can appreciate Mike’s view.  However, whilst I wouldn’t expect the Council to review all applications to see whether the new criteria might apply, I would consider it reasonable for them to consider the new criteria on currently open cases.  Indeed, the Pending applications wording provided by Paul seems to support my view.  However, as Paul also says, even if they do agree to consider the new criteria for pending applications, they might still want our client to have an assessment. 

The disabled motoring article is indeed horrible. 

Although I’m supposed to be on Leave, I couldn’t resist reading the emails.  I’ll pick this up again with the Council on my return, and will let you know the outcome.

Thanks, again.

Stuart G
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Thanks to all of you who have responded on this issue.

I’m delighted to report that the Council have, after much toing and froing, agreed to issue a Blue Badge to our client on the basis of the new eligibility criteria, without us having to make a new application on that basis. 

Being able to quote the Pending applications wording has played a major role.

I wouldn’t have been successful without your input so you can all take credit for this great outcome.

 

Paul_Treloar_AgeUK
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Good work Stuart, well done.