Motobility car and dla should the car go back?

[lessthanBeau]

Mil has a motobility car, it still has a year left on the lease, she has split up with her husband who was the driver of the car she has multiple carers so can't really name just two to drive the car, her disability is such that she doesn't get out much anyway so not like they'd be running her to the shops a few times a week.
Dh and bil want to keep the car as they are under the impression that she will lose money if she returns it early, that she will have to buy her way out of the lease, both have their own cars for taking Mil out should the need arise. So she won't be stranded. Now aibu to think this is abuse of the motobility car. Dh wants us to get rid of my car and drive it until lease runs out. I won't be using it for anything to do with Mil. Am I right in thinking that the car needs to go back, she would get her mobility component reinstated as cash in her benefits, (12 months at the higher rate is around 3k) so can hire a taxi for any trips out she would like to make. I have experience with motobility and as long as you have a valid reason for terminating early they usually waive the £250 admin fee and she probably won't get the good condition bonus (£250) but will still be better off with her Mobility payment even if there is no refund on advance payment. Am I right in thinking her mobility payment will be reinstated once the lease is terminated or would it still be paid to motobility scheme and she won't get her benefit back until the lease ends?

If you mil contacts motability and explains her circumstances, they will take the car back and reinstate monthly payments of MA straight away. She won’t lose any money. It happens all the time and motability are very good about it.

Yes she needs to call and explain. There's details on their website about cancelling early which is here www.motability.co.uk/contact-and-support/faqs/-i-do-not-use-my-car-anymore-can-i-hand-it-back-early

There shouldn't be a problem, especially now with the difficulties the transfer from dla to pip is causing people who lose the mobility element. In the past it was difficult ending early but they're far more reasonable now after a lot of backlash.

It is a good idea for her to think about how she'll manage to get to places before hand, things like hospital appointments which could be far away - I know someone who cancelled thinking hospital transport would be suitable instead and then found they were in a taxi with three other people taking more than twice a long to get there and back with no break for toilet and if car sick given a bowl (one of the people was having chemo and was ill), they then got the car back for help to appointments.

If you drove it for personal use you would be committing a fraudulent act

A motability car can only be used for direct care of the person holding the award, it’s not a family perk!

Return the car, pay the early exit fee and then your dmil can claim her pip award in cash to pay for taxis or fuel for others

Exactly my thoughts, any hospital appointments are taken by sil or bil in their own car or with a carer in a taxi, none of us ever use the mobility car, it's been 6 months since she split with fil and he kept the car during this time hoping they would get back together, and has now returned it so Mil has not had the use of it in the past 6 months anyway!

Send it back. Sounds completely reasonable for her to do so. She can always change her mind (like my friend did) if for some reason she needs it.

The penalties DH/BIL are thinking of aren't really a factor anymore like in the past.

Call them and explain. If she paid a deposit she may get some back and she will hopefully get the payments reinstated. You'd have to check but it likely won't matter about the contract if circumstances mean it's no longer appropriate to have it, especially if this is because she can no longer meet the criteria (providing the named drivers) If it's driven not for the purpose of transporting her by someone outside her household then its fraud as far as I'm aware.

We were told the car was to be used for the named persons benefit. It should primarily be used to transport them. It could also be used for other household tasks by household members eg shopping or school runs but not at the detriment of the named person. I wasn't allowed to commute in it for example as that would mean my partner not having access to it for the majority of the day.

We had to give ours up before contract end (although different circumstances) but got some of our deposit back and payments reinstated.

Worst case she pays the cash to cancel. It's worth it if she doesn't use it as the fee is only about a months worth of payment.

Also your fil has been committing fraud the last 6 months so yu May want to bear that in mind.

You're right, what your DH is suggesting is abuse of the scheme.

The motability says 'car is used by, or for the benefit of, the disabled person. This does not mean that the disabled person needs to be in the car for every journey. In practice, this means other named drivers in the household can use the car for shopping and other routine activities, as long as the disabled customer will benefit.'

What your DH is suggesting is not benefitting the disbaled person.

Better for MIL to get the DLA/PIP payment instead and use it to pay for taxis.