Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

Blue Badge and loss of PIP mobility

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1329

Joined: 22 July 2013

Can anyone please clarify for me the following?

Person is awarded 8 points for Moving Around and gets 2 years PIP mobility award. Awarded Blue Badge through automatic criteria, also valid for 2 years. After 12 months PIP is reassessed and mobility component stopped. Is currently going through an MR of the decision.

This document https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181539/question-answer.pdf in the context of losing HRM following transfer from DLA - PIP (which I appreciate is a slightly different scenario) says:

“However, if you don’t qualify for PIP following reassessment you will be able to continue using your Blue Badge until it expires”

Whereas the CAB website https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/help-for-disabled-travellers1/blue-badge-scheme/applying-for-a-blue-badge/  says:

“You’ll need to renew your badge after 3 years, or when you stop receiving the benefit your badge is linked to - for example DLA or PIP.”

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/519091/blue-badge-scheme-local-authority-guidance-paper.pdf  says that you need to “receive” PIP mobility but this refers to issuing Blue Badges rather than ongoing entitlement as far as I can see.

The letter ending the PIP award refers to road tax exemption ending but does not mention the Blue Badge.

And finally, the leaflet issued with the Blue Badge says that you must return it if:  “your medical condition or mobility improves and you are no longer eligible” (in this case it hasn’t improved, its just the PIP decision that has changed).

I can’t see anything definitive elsewhere. Does the person whose PIP mobility award has been stopped have to reapply for a Blue Badge or does it remain valid until it expires?

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 2746

Joined: 7 January 2016

Warning, these are original regs as made so I don’t know how much they’ve changed.

Return of badge to issuing authority

9.—(1) A disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events–

(a)the expiry of the period for which the badge was issued;

(b)the death of the holder or, in the case of an institutional badge, the institution ceasing to exist;

(c)the holder of the badge ceases to be a disabled person or, in the case of an institutional badge, the institution ceases to be eligible under regulation 5;

(d)a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;

(e)the badge has become so mutilated or faded as no longer to be clearly legible when displayed on a vehicle;

(f)the badge ceases to be required by the holder.

Reg.4(2) states that a disabled person can include f)has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.” which you state that he does still have.

The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

On that basis, I’d say he’s safe to keep it for now Billy.

Alternatively, call their helpline on 0343 100 1000.

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1329

Joined: 22 July 2013

Paul_Treloar_AgeUK - 13 July 2017 01:49 PM

Alternatively, call their helpline on 0343 100 1000.

Thanks Paul. Good to be reminded that sometimes the simplest solutions are the best :-)

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1329

Joined: 22 July 2013

Hmm, having just rung the helpline I was advised to contact the LA as different councils have different policies on this and basically it is a postcode lottery as to what happens next. Find that slightly hard to believe tbh.