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Disability Law, maybe.

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Lonnie | 21:33 Tue 10th Apr 2007 | Law
17 Answers
Hi all,
We have a Mobility car for our daughter, we got a call from her Social Worker, saying they want to use it to take her to her respite home.

My question is, can they do that?, we have a meeting in a week, but i'm trying to find out as much as I can before that, I didn't think Mobility had anything to do with the Social Services, but now i'm not sure.

Any answers would be gratefully appreciated.
Thanks.
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Hi Lonnie

You are right Motorbility has nothing to do with Social Services. I would doubt that a social worker would be insured to drive the car, usually Motorbility ask for named drivers for the insurance and unless your social worker is one of them they will not be able to drive the car. You can easily check this by phoning them up.
Why are they asking to use the car, how does she normally get to respite?
Question Author
Hi tcc65,

Its a bit complicated, I had the licence made open, to allow my daughters day centre to use the car on the odd occasion, you've basically, confirmed what I thought, and according to the terms of the open licence, other than me, anyone else who drives it, has to first contact the insurance company.

I think that the Social Services are trying to save money, normally, they supply a taxi and escort, thing is, its not only her that goes to the respite, (she gets 28 days a year) others go at the same time, I'd take a bet, that if we said yes, which we'er not, they'll use it for the others as well, and on those days, do away with the taxi.
Question Author
tcc65,

Thanks very much for your answer.
But you won't be able to use the car when your daughter is not with you, so why not let them have it?



I dont think they can , you pay for the car from Motability and usually it only the named persons on the insurance that can drive it .If they use the car will they be paying the monthy payment for it ?.
Question Author
Hi Ethel,
Normally, you'd be right, but as I said, we also let her day centre use it, thats crept up to three days a week, when we asked them to pay for the petrol, they said they can't, because they don't get the money for it from Social Services, Every day, after her evening meal. she likes to go for a drive, and listen to her music.

Between that, and the centre, its costing me a minimum of �50.00 a week, which I can't afford, basically, i'm subsidising the centre, which should be a job for the S.S, I also have to keep an eye on the mileage, so when we got this call from her Social Worker, That just about put the cap on it, and I posted this really, to try to confirm where we stand from the legal point of view.
its not you subsidising the centre! If she gets the car for getting the top rate of dla, then its the taxpayer subsidising the centre, as they pay for the car.

Personally, i dont see why the state should provide her a car, AND a tAxi!

if it's the petrol that bothers you, give it to them empty
i realised after i wrote that that it sounded very unsympathetic. I just want to make it clear, that i'm not, in fact i have great sympathy for you and your daughter. I just don't think it's unreasonable to ask to provide her own transport to the respite, considering she has her own transport. Im not surprided ss are trying to save money ... have you any idea how much respite costs? If they had to close down the respite centre therough lack of funding (as they have done in many areas of the countrty) it would be disasterous for you and your daughter
1. I assume your daughter can't drive the car, and that you drive her around in it. Why can you not drive her to the respite and then collect her at the end of the respite period? That would leave Soc. Serv. out of it entirely.

2. Are you sure your arrangement with the Day Centre is really safe from an insurance point of view? You say anyone there who drives it has to first contact the insurance company. How can you be certain that they always do? If one of them didn't and had an accident it would presumably be uninsured and all sotrts of problems would arise - Motability might even take the car back.
Question Author
bednobs, i can see your point of view, no-one asked us to have a child, so why should the taxpayer subsidise.

Theoretically, I agree with you, bearing in mind, I go to work, which is why, themas, I can't drive her, my wife doesn't drive, going back to you bednobs, if you can persuade evryone else in the country who are deemed to deserve benefits, to give them up, we also will happily give them up, no problem, I can understand your feelings, and if they are as strong as your answer, do something about it, go to your MP, or higher.

Question Author
This has gone in quite adifferent direction to my question, so to explain about my daughter, I put posted this a short time ago, it may explain a little about her.

http://www.theanswerbank.co.uk/Body-and-Soul/Q uestion349010-2.html
Lonnie

Good luck I really hope you and your family manage to sort this out.

Bedknobs...........tax payers money!!!! Lonnie asked for advice, do you have any idea what it is like to have a disabled child. I am happy for any tax I pay to be used to support people with disabilities. Lets hope that you or your family never need any support from Social Services and if you do I assume you will be happy to pay for it your self!!!! As Lonnie works and I assume pays tax and no doubt has provided care and support with his wife for their daughter they deserve any support they need as a family.

Rant over!!!!!!

Question Author
Thanks for your support tcc65, you put into words what I was thinking.

Very much appreciated.
i sometimes think people willfully misunderstand me!
I myself am disabled, and on disability benefits, and i never said that you or anyone else should give them up. All i am saying is you are lucky to get respite, as many areas in the country dont have that option available to them, or young disabled units. Therefore, if they are asking for your help in getting her there, AND she has a car available, already provided by the state why should more of your, mine and every other taxpayers money be spent on getting a taxi? when there is a car already adapted for her needs, just sitting on your drive doing nothing? I am saying it dosent seem unreasonable to me
Bedknobs if people misunderstand you then perhaps you need to look at the way that you phrase your replies!

Question Author
To explain about the car, bednobs, if your disabled yourself, you should know a little about how it works, I think your showing more than a bit of ignorance here.

as you should know, you only het a certain amount of mileage per year, as I said, we allow her day centre to use it three days a week, they do an average of fifty miles a day, I hardly use it at all, as i'm trying to accrue enough mileage so we can take her on holiday, if we go over the allotted mileage, we have to pay, I think, 10p a mile over, so if you think its doing nothing, think again, and find out a little of what your talking about first,

Thats it now, tcc65 kindly answered my question, for which I am really grateful, I'm not answering any more, so don't bother putting anymore on, and have a look at how Mobility works.
Lonnie

You are more than welcome

Kind Regards

tcc65

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