Jump to content


  • Tweets

  • Posts

    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
    • So, why do DVLA (via that leaflet) say 1) that S.88 MAY allow a driver to be treated as if they have a valid licence (after an application that discloses a medical condition) AND   2) before DVLA have reached their licensing decision ? (Since S.88 ceases to apply once they have reached a decision to grant or refuse a licence)
    • Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
    • Americans are already keen on UK-made coins, and the Mint said it has seen a 118 per cent increase in sales to the US since 2022.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Coming off ESA as offered part-time work, affects on PIP?


Vixen7
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2422 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I'm in the Support group for ESA, was on Contribution based Incapacity Benefit from 2003, transferred to ESA without a medical in 2013. Was also on DLA high rate Care and Mobility from 2003, transferred to PIP in 2016 (downgraded to Standard Rate by an one of the 'trusty' so-called HP's !).

 

My query is this, I have been thinking about coming off ESA as I've been offered part-time work (16 hrs a week) at a sitting down job (I have mobility problems) and can claim Working tax credit.

 

Question 1) I would obviously write to DWP to say I want to come off ESA, but do I have to give a reason and has anyone on here ever done this ?.

 

Question 2) If anyone HAS done this, has it affected their PIP?. I've scrutinized the PIP rules and nowhere does it state that they have to be informed if one started work, they only need to be informed if a health condition worsens or improves.

 

I would be financially a lot better off if I did do the part-time job, claimed WTC and came off the ESA so obviously wish to do so. Any help appreciated.

Edited by honeybee13
Paras
Link to post
Share on other sites

I have no direct experience of this situation, but you need to be quite careful and consider some less obvious issues before making a decision to give up your ESA. Some thoughts:-

 

1. If you're in the Support group, the effects of your condition must be quite serious. Are you absolutely sure you could manage even part time work? Would it be possible for you to do fewer hours for a while to see if it suits you, particularly if you would be able to do that under the permitted work rules? The problem is that if you give up your ESA to start work and then can't manage the hours, you may have extreme difficulty getting back into the support group or even getting any award of ESA - if you think you're capable of work, then DWP are likely to agree with you. If you can, it would be much better to do some permitted work first.

 

2. You don't have to give a reason for stopping your ESA, but if you have to reclaim, they will know that you have been working. I'm not sure on the rules for 'linked claims' now, but it used to be that you had to reclaim within quite a short time for your claims to be linked together so that e.g. you still qualify for contribution based ESA without having had to make sufficient NI contributions. If you don't reclaim within that time, then it's treated as an entirely new claim, you'd be back on the assessment rate until your WCA and you wouldn't get any increase if they put you in WRAG.

 

3. Working should not affect your PIP unless what you are doing contradicts the limitations you have claimed, so if the rules were fairly applied there would be no effect on your existing or any future award. You don't have to tell them if you start or stop work, but assuming you have a time limited award, it will certainly come up when you're reassessed.

 

4. Have you checked the rules for WTC if you're disabled? Would you have to do 16 hours to claim? Could you possibly get help with transport costs under access to work?

 

5. Does anyone claim carer's allowance for you? Have you considered the effect on them if you start working and lose your PIP award? Also if you get disability premiums on any other benefits or someone else gets carer's premiums on their benefits, have you taken those into account?

 

That's all I can think of for now. It might sound negative, but taking a chance on returning to work could have quite serious repercussions in the future. However, if you do decide to take the job, I wish you the best of luck.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

  • 1 month later...

Just wanted to say thanks to Mikey Dabodee and Reallymadwoman for replying to my above questions. Haven't been on here for a while. Decided not to take up the offer I had of part-time work after thinking over the problems which may arise. Cheers.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...