WAV for our disabled daughter

JulesNancarrow

Hi All,
A bit of help here.....
Our daughter is entitled to higher rate motability and previously could get into a car by herself.

Now things have changed, she is now wheelchair bound and needs a Wheelchair Accessible Vehicle (WAV). So, for the first time in 30 years we applied for motability only to be told that, as she is a resident in a NURSING home, she is not entitled to a vehicle.

The home does have a couple of WAV buses, but we want the WAV so that we can collect her and take her places without having to rely on the home for transport or diverting their transport away from the other residents (especially in the week when they are used to take residents to appointments).

In summary, is it worth appealing the decision, how do we appeal and has anyone had any success appealing?

With love and thanks,

Jules and Diana

poppy123456

As she's in a nursing home has her PIP completely stopped? including the mobility part? Usually when in a nursing home both parts of PIP stop. Unless she's self funding the daily living continues but the mobility part stops. https://www.independentage.org/get-advice/money/benefits/benefits-hospital-and-care-homes#:~:text=The%20mobility%20component%20of%20your,to%20speak%20to%20an%20adviser.

JulesNancarrow

Thank you....
She's still on DLA and ESA. Does that change things??

poppy123456

DLA has the same rules for nursing homes as PIP. The mobility part should stop and no payments should be made when living in a nursing home. 

JulesNancarrow

Duly noted....
But my question remains unanswered, is it worth challenging the DLA for a deprivation of liberties claim?

poppy123456

No, not if the DLA has stopped, when it should if you're in a nursing home. If it hasn't then there's something wrong here.