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Withdrawal of Motability Vehicle
On the loss of an award of Mobility, either PIP or DLA, which supports a Motability vehicle, given ‘Motability’ only allows the vehicle to be kept for 3 weeks and the appeal process takes much longer has anyone challenged or thought of challenging that delayed process by way of Judicial review as prejudicial to an appellant for whom their vehicle was crucial to their quality of life and where there is no alternative reasonably available.
Motability now have options for customers to keep the vehicle for 26 weeks after a disallowance or reduced mobility award.
My understanding is that the arrangement for people transitioning from DLA to PIP is actually much more generous than that:
https://www.motability.co.uk/PIP_Information_Leaflet.pdf
Not sure what the arrangement is for people who are already on PIP ERM and then fail their reassessment though?
Edit: Or what Gail said…!
Just sought some clarification from Motability for a client who has had their PIP award reduced following re-assessment. I was told the 26 weeks support package only applies to DLA-PIP migration cases and then only for Motability cars rather than scooters / wheelchairs. In all other cases (where appropriate), the 3 week support package applies, though this can be extended if the MR process takes longer than this and the decision is expected imminently. The dealer will seek to recover their property once this period has elapsed.
Just following this through as an afterthought, if an assessor’s report and the subsequent acceptance of it by the DM can be shown to be, how shall I put this, not worth the paper it is written on, and is subsequently overturned by a tribunal, is there any mileage in a compensation claim for the loss of the motability vehicle? Though the money in this hypothetical situation will be paid in back payment and the scheme can be re-applied to, this does not compensate for the loss of independence etc. My client having struggled the short distance from the taxi to the assessment centre door, promptly threw up in the waiting area due to the pain he was in. His assessment was considerably shortened, though still went ahead and he states 3 people had to help him get into his taxi to get home. The outcome of his re-assessment? A reduction in his mobility award from enhanced (12 points physical) to standard (10 points) and pending loss of his mobility scooter and source of independence. I suspect that the assessment report once received will make no mention of the sickness nor the assistance needed afterwards, so I am relatively confident of getting the decision overturned.
Just a thought and apologies for the ramble & rant.
Certainly planted a seed.