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Quick question re VAT on disability aids

14 replies

moosemama · 16/02/2011 12:10

Hi

Ds1 has ASD and was dx with hypotonia yesterday with fine and gross motor impairment yesterday. The OT recommended we buy a few self care aids such as the caring cutlery.

The sites I've found today say you can buy them vat free, if the person you are buying them for has a long term disability that causes them problems with day to day living and care.

Does that mean its ok for us to buy them vat free? I think it does, we were told his hypotonia won't go away, but may improve to some degree with an intensive exercise programme and that its related to his ASD, so it sounds like he fits the criteria to me, but obviously I don't want to claim if I'm wrong. Confused

OP posts:
wannaBe · 16/02/2011 12:14

yes. And for now it is considered a long-term disability, even if with therapy that were to improve there are no guarantees.

moosemama · 16/02/2011 12:32

Thank you wannabe.

She specifically stated that he will always have hypotonia. She thinks we might be able to mitigate some of its effects with lots of exercise etc, but it will take a while to see the results and even then he will probably always struggle.

I was confused actually, as she said he has particularly bad muscle tone, with muscles essentially like squishy putty (we already knew this obviously) but that he copes very well considering and as a result the Paed probably won't go for a dyspraxia dx based on her assessment results, its more likely to be AS with Hypotonia as a comorbid condition.

How can he have really low muscle tone, but not dyspraxia? I thought the two things went together, especially as he ticks most of the boxes on the dyspraxia website. Confused

To be honest though, I wasn't all that worried about getting a dx, I just wanted to know what we can do to help him and get the school to recognise how much he struggles, why and what adjustments they need to make.

OP posts:
Thecarrotcake · 16/02/2011 13:25

waves to wannabe ( I've name changed ).. Haven't seen you about in a bit and hope your well.

Moose do I congratulate a dx addition? Well hopefully it will help so.. Congrats :)

( had a call from the paed yesterday.. Got an appointment to add our added extras at the end of next month!.. < give up sigh>)

ohh and thankyou for that research paper.. Was exactly what I needed :)

yep you don't pay the VAT

Thecarrotcake · 16/02/2011 13:26

Your < slaps head>.... I meant you're*

Ben10isthespawnofthedevil · 16/02/2011 13:54

I was just this second wondering the same. We do not have a DX yet but have a list of gross and fine motor issues and sensory issues. We have had CDC appt and are awaiting behavioural optometrist, sensory assessment and paed.

I have applied for a grant to buy a potty chair for DS (5.9 years old)for £235 exc VAT.

Would we be allowed to buy it free of VAT with no DX? When I called the company they were very clear that it would be a criminal offense to not pay if you were not entitled.....

Ben10isthespawnofthedevil · 16/02/2011 13:59

I found this in related o VAT exemption

A person is ?chronically sick or disabled? if he/she is a person:
with a physical or mental impairment which has a long-term and substantial adverse effect upon his/her ability to carry out everyday activities;

I assume that his issues will always be there and he will have to find ways to deal with it? Confused

Ben10isthespawnofthedevil · 16/02/2011 14:00

in relation to Blush

moosemama · 16/02/2011 14:23

Hi Carrot, glad the paper was useful.

Thanks for the congrats as well. We have to wait for the reports to come in and the Paed's final report before its all official, but we're still waiting for his AS dx report and that was a month ago now. I'm wondering if they were waiting for the OT report, so they can do it all in one go, as the same Paed is in charge of both.

Good luck with your appt. Is it ADD they're looking at as a comorbid now? Sorry, I should remember, but my head is all over the place this week - ds2 is proper poorly and they can't seem to get to the bottom of it. The thread I linked to last Friday night is ever growing as lots of lovely people come on and try to help me work it out, but basically we are looking at trying to improve his general state of health and hope for the best, as we don't seem to be getting any answers. Cue one great big life/health laundry for the whole family and one ridiculously overwhelmed Mummy.

OP posts:
moosemama · 16/02/2011 14:29

Ben10, this is a direct quote from the Gov's Notice 701/7, VAT Relief for Disabled People (just found it via Google):

  1. Customer eligibility

3.1 Who can purchase zero-rated goods and services?

The zero-rating of goods and services for disabled people depends in part upon the status of the recipient - see paragraph 2.1. You can only zero rate supplies to:

handicapped people - see paragraph 3.2;
charities - see paragraph 3.3; and
certain eligible bodies - see paragraph

3.4. As a supplier you must take reasonable steps to check that your customer is eligible to receive your goods or services at the zero rate.

3.2 Supplies to handicapped people
You can only zero rate supplies to handicapped people when:

the person is ?chronically sick or disabled? - see sub-paragraph 3.2.1, and

the goods and services are purchased or acquired for their personal or domestic use - see paragraph 3.5.

3.2.1 What does ?chronically sick or disabled? mean?

A person is ?chronically sick or disabled? if he/she is a person:

with a physical or mental impairment which has a long-term and substantial adverse effect upon his/her ability to carry out everyday activities;

with a condition which the medical profession treats as a chronic sickness, such as diabetes; or

who is terminally ill.

It does not include a frail elderly person who is otherwise able-bodied or any person who is only temporarily disabled or incapacitated, such as with a broken limb.

If a parent, spouse or guardian acts on behalf of a ?chronically sick or disabled? person, your supply is treated as being made to that ?chronically sick or disabled? person.

3.2.2 Terminology

The term ?disabled? is used throughout this notice and means ?handicapped? or ?disabled or chronically sick?.

I can't find anywhere where it says that you have to have a specific dx, rather than there is a long-term problem that has a substantial effect on their ability to carry out normal every day tasks.

OP posts:
Ben10isthespawnofthedevil · 16/02/2011 14:32

Thanks MM

starfishmummy · 16/02/2011 16:14

Just to add that I have signed a lot of VAT exemption forms for DS and never been asked for any further proof or evidence.

Ben10isthespawnofthedevil · 16/02/2011 16:18

Thanks Starfishmummy.

The man at the supplier scared me a bit with the "criminal offence" bit but then couldn't tell me if we qualify! I don't know any other mothers at the school who are going to buy a potty chair for their Year 1 child so I think we qualify...... Smile

starfishmummy · 16/02/2011 16:36

OK so why are YOU buying a potty chair?

As far as I recall social services have a statutory duty to provide bathing and toileting aids.

Ben10isthespawnofthedevil · 16/02/2011 16:56

Apparently it is only because we have a downstairs bathroom that he needs one. Confused

If he doesn't have a potty in his room then he often wets the bed, his bedroom floor or the stairs carpet on the way down to the toilet which is through the living room and kitchen. When he is in my parents house where the toilet is next to the bedroom, there are no issues.

OT think that it is to do with poor body awareness as he doesn't feel the urge soon enough but as it is "just because of the way your house is built" we don't qualify. They did say to ask the paed to refer us to the Continence Service who might be able to provide one.

I have applied for a grant from the Bankers Benevolent Fund (I work for a bank) to pay for it as it is £245 so hopefully I won't have to buy it and it might look slightly less "medical" than the ones that SS would provide.

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