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Jan 27 2010, 06:13 PM
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Newbie ![]() Group: Members Posts: 1 Joined: 6-April 09 From: Perth Member No.: 76 |
Hi.....I get DLA and have a motability car. Motability pay the road tax and my wife is a named driver on the insurance. However I have a friend who also gets DLA but chose not to go down the Motability route, and has his wife as a named driver on his insurance, but has been told that he cannot claim exemption from road tax even though he is housebound while his wife uses the car for commuting to her work. Surely this is unfair? The car use has to be for the purpose of helping the disabled person....ie working to maintain a family must cover that. Seems to be something not quite right here. Can anyone shed some light on this anomaly? Replies eagerly invited. |
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Feb 1 2010, 12:59 PM
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Administrator ![]() ![]() ![]() Group: Root Admin Posts: 137 Joined: 14-January 09 Member No.: 1 |
Jim replies:
Someone getting DLA higher rate mobility component can nominate another person’s vehicle to be exempt from road tax. However the vehicle must be used substantially and directly for the purposes of the disabled person although I do not think this has ever been defined e.g. doing their shopping, collecting a prescription etc. Using the vehicle for purposes unconnected with the disabled person is technically illegal and some drivers have been prosecuted for abusing the exemption The question of the vehicle being used for the nominee commuting to work has been raised on many occasions with arguments on both sides being raised. e.g. by working you are earning money which helps to support the disabled person. To my knowledge there has not been a definitive ruling on this however we have heard of cases where the exemption was refused when the vehicle was used by the nominee for the purpose of traveling to work. It is at the discretion of the DVLA to refuse to grant the exemption if they think the vehicle will not be used “solely by or for the purposes of the disabled person.” I think the key phrase is “substantially” and many people have argued that should be left vague and non prescriptive to allow for a degree of interpretation. There is no formal procedure of appeal but you could write to DVLA explaining the purposes for which the vehicle will be used. |
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| Lo-Fi Version | Time is now: 8th September 2010 - 03:02 AM |