Disabled dad ‘gutted’ after losing Motabilty car.

An amputee’s specially-adapted car has been taken away after he lost a row over his benefits Robert Oxley was told to hand the keys back to the charity, Motability, when a representative came to collect the vehicle yesterday.

He has used the car to get to work at Flakt Woods, in Colchester, since losing his right leg in a motorbike accident three years ago.

Mr Oxley has been forced to give up the car after Government officials took stopped his disability living allowance on the grounds he is able to stand.

My comment: A strange decision as entitlement to DLA HRM under current legislation is based on ability to walk not to stand, as per the following :

Social Security Contributions and Benefits Act 1992 Part III, section 73, and

The Social Security (Disability Living Allowance) Regulations 1991 part IV.

Full Story

Comments from all welcomed, but would be grateful if Crazydiamond could give us his expert opinion, as a former DSS Adjudication Officer (now of course called the DWP, and Decision Maker, respectively.

Best wishes.

Pat

pata1 wrote:

An amputee’s specially-adapted car has been taken away after he lost a row over his benefits Robert Oxley was told to hand the keys back to the charity, Motability, when a representative came to collect the vehicle yesterday.

He has used the car to get to work at Flakt Woods, in Colchester, since losing his right leg in a motorbike accident three years ago.

Mr Oxley has been forced to give up the car after Government officials took stopped his disability living allowance on the grounds he is able to stand.

My comment: A strange decision as entitlement to DLA HRM under current legislation is based on ability to walk not to stand, as per the following :

Social Security Contributions and Benefits Act 1992 Part III, section 73, and

The Social Security (Disability Living Allowance) Regulations 1991 part IV.

Full Story

Comments from all welcomed, but would be grateful if Crazydiamond could give us his expert opinion, as a former DSS Adjudication Officer (now of course called the DWP, and Decision Maker, respectively.

Best wishes.

Pat

This has happened to many from the forces in the last couple of years they lose a leg to a bomb ... get DLA for mobility while in hospital in Birmingham and then Headly Court Cant have care till they are finished in hospital one finishing in Hospital they apply for care and in many cases at that stage mobility is stopped a search of BBC News site show throw a few stories up last one was just before xmas


here is one example

www.bbc.co.uk/news/uk-england-10741638

Hi Pat,

An award of DLA has nothing to do whatsoever with the ability of a claimant to stand.

Section 73(1)(a) of the Social Security Contributions and Benefits Act 1992 is concerned exclusively with the ability to walk, and nothing else. I cannot see how the DLA Unit have managed to terminate this gentleman's DLA award within the ambit of the legislation on the ability or lack of ability to stand? Notwithstanding the fact I do not know the full circumstances of this claimant's case, prima facie evidence clearly shows that the DLA Unit have adopted a test which doesn't even exist, either in practice or in law!

It doesn't say whether this man has appealed the decision to remove his DLA entitlement, but provided he meets the conditions as defined in Section 73(1)(a) of the Social Security Contributions and Benefits Act 1992, the DWP's contention that he can stand could never succeed before an appeal tribunal, as there is no such requirement within the DLA regulations. Accordingly, not only have the DWP misdirected itself as to the relevant law, they have actually gone further and reinvented the regulations.

I hope that this is not a sign of things to come but I suspect that on the instructions of HM government, the DLA Unit will attempt to terminate genuine DLA awards on spurious grounds, as a precursor to the introduction of the Personal Independence Payment (PIP), for unsuspecting claimants.

Regards,

CD

Crazydiamond wrote:

Hi Pat,

An award of DLA has nothing to do whatsoever with the ability of a claimant to stand.

Section 73(1)(a) of the Social Security Contributions and Benefits Act 1992 is concerned exclusively with the ability to walk, and nothing else. I cannot see how the DLA Unit have managed to terminate this gentleman's DLA award within the ambit of the legislation on the ability or lack of ability to stand? Notwithstanding the fact I do not know the full circumstances of this claimant's case, prima facie evidence clearly shows that the DLA Unit have adopted a test which doesn't even exist, either in practice or in law!

It doesn't say whether this man has appealed the decision to remove his DLA entitlement, but provided he meets the conditions as defined in Section 73(1)(a) of the Social Security Contributions and Benefits Act 1992, the DWP's contention that he can stand could never succeed before an appeal tribunal, as there is no such requirement within the DLA regulations. Accordingly, not only have the DWP misdirected itself as to the relevant law, they have actually gone further and reinvented the regulations.

I hope that this is not a sign of things to come but I suspect that on the instructions of HM government, the DLA Unit will attempt to terminate genuine DLA awards on spurious grounds, as a precursor to the introduction of the Personal Independence Payment (PIP), for unsuspecting claimants.

Regards,

CD

There is no mention of a wheel chair so he could be walking to the car and from the car to the place of work from the car park at the other end ?


he works in a factory making air con products and the pictures of him on the news pages show him wearing overals too

another news site talks of the problem getting to work as he works shifts and the buses are not that good.

Dave wrote:

pata1 wrote:

An amputee’s specially-adapted car has been taken away after he lost a row over his benefits Robert Oxley was told to hand the keys back to the charity, Motability, when a representative came to collect the vehicle yesterday.

He has used the car to get to work at Flakt Woods, in Colchester, since losing his right leg in a motorbike accident three years ago.

Mr Oxley has been forced to give up the car after Government officials took stopped his disability living allowance on the grounds he is able to stand.

My comment: A strange decision as entitlement to DLA HRM under current legislation is based on ability to walk not to stand, as per the following :

Social Security Contributions and Benefits Act 1992 Part III, section 73, and

The Social Security (Disability Living Allowance) Regulations 1991 part IV.

Full Story

Comments from all welcomed, but would be grateful if Crazydiamond could give us his expert opinion, as a former DSS Adjudication Officer (now of course called the DWP, and Decision Maker, respectively.

Best wishes.

Pat

This has happened to many from the forces in the last couple of years they lose a leg to a bomb ... get DLA for mobility while in hospital in Birmingham and then Headly Court Cant have care till they are finished in hospital one finishing in Hospital they apply for care and in many cases at that stage mobility is stopped a search of BBC News site show throw a few stories up last one was just before xmas


here is one example

www.bbc.co.uk/news/uk-england-10741638

Hi Dave,

This link was indeed a tragic case, when someone fighting for their country loses a leg and their DLA HRM.

However, in this case, Private Shelton admitted that he was able to walk 400 metres. Although in the BBC link you gave, it didn't state if that was without 'severe discomfort'. If it was, then previous Commissioners Decisions (now called Upper Tribunals) hover around 50 to 60 metres.

However, as well as 'severe discomfort', manner, speed and time taken to walk x metres has to be also considered. Legally, and I'm sure Crazydiamond will back me up on this, the legislation does not lay down a maximum distance that a claimant can walk before not qualifying for DLA HRM.

I remember attending an appeal with Jim when he sat on DLA Tribunals and the appellant admitted to being able to walk a total distance of 300 metres, but it took him around half an hour to do this, with several stops, and after which he was confined to bed afterwards for 2-3 days.

His appeal succeeded unanimously and the DWP did not contest this.

I'm surprised that a large organisation such as CPAG have not contested the decision that Private Shelton was not entitled to DLA HRM.

Best wishes.

Pat

Dave wrote:

There is no mention of a wheel chair so he could be walking to the car and from the car to the place of work from the car park at the other end ?


he works in a factory making air con products and the pictures of him on the news pages show him wearing overals too

The article states that the decision was taken 'on the grounds he is able to stand', and says nothing about walking from the car.

I'm afraid I don't see the connection between walking and wearing a pair of overalls.