Benefits of having a Blue Badge
Q. I am a blue badge holder and I am getting the benefit Personal Independence Payment.
My friend told me that I do not need to pay my car tax.
I have never heard of this exemption and I am wondering how I find out if I am eligible?
A. You can apply for an exemption from paying car tax if you get one of the following qualifying benefits:
■ The higher rate mobility component of Disability Living Allowance
■ Enhanced rate mobility component of Personal Independence Payment (PIP)
■War pensioners’ mobility supplement
■Armed forces independence payment
The vehicle must be registered in the disabled person’s name or nominated driver’s name.
You can claim the exemption when you apply for the vehicle tax. You can also get a vehicle tax reduction which is a 50 per cent reduction if you get the standard rate mobility component of Personal Independence Payment.
You must include the following with your application:
■ A letter or statement from the DWP that shows your benefit rate. ■ Your vehicle log book (V5C) ■ A V10 form ■ An original MOT certificate ■ A cheque or payable order made out to DVLA Swansea for 50% of the full rate of the car tax for the vehicle.
Q. I have been suspended from my work pending an investigation regarding my conduct.
I am appealing this decision but I am wondering if my employer is going to pay me for the time off whilst they carry out the investigation.
A. The right to pay under suspension will depend on what your contract of employment states, and you should check this to ensure that you are paid whilst suspended.
Employees should usually receive their full pay and benefits during a period of suspension unless they are not willing or are unable to attend work (for example because they are ill) or there is a clear contractual right for an employer to suspend without pay or benefits.
However, an employer should be careful when considering suspension without pay as this may be viewed as a punishment and could lead to accusations that the disciplinary procedure was not fair.
Please also ensure that the suspension is carried out correctly.
You must be provided with a suspension letter that includes the reasons for the suspension and how long it is expected to last, your rights and obligations during the suspension, a point of contact for you during your suspension and a statement that the purpose of the suspension is to investigate and is not an assumption of guilt.
Q. I wonder if you could offer advice on a complaint I made to a furnishing company.
My contention is that, since a fault with the goods has been identified as a manufacturing fault, it has been present from the point at which I received the goods and the goods have never been fit for purpose or of a satisfactory quality.
Consequently I believe I should be entitled to a full refund on the goods.
It was just over one year from when I received the goods to the time I made the complaint, however, the fault only became apparent through use.
I would consider use during the period to be light – the period covers Covid restrictions which significantly impacted on the number of visitors to my home, and I am a single person who works during the day.
Had the suite been subject to significant use then the latent fault would have become obvious sooner.
The company have attempted one repair, which was not satisfactory, and have offered another.
I would welcome your advice as to whether this would be considered
reasonable, or whether, given the circumstances, they should be offering a refund as I requested?
A. I can advise that under the Consumer Rights Act 2015 goods need to be fit for purpose, of satisfactory quality and match the description.
Generally you would need to act within six months of purchase when the onus is on the supplier to prove the fault. After six months the customer would need to prove the fault was not caused by themselves.
As the sofa is over a year old it is unlikely that the company would offer a full refund. They may offer a partial refund based on the age of the sofa or a reduction off the cost of a new suite.
They have offered to replace the interiors which they suggest would resolve the issue. Is there a reason why this is not an option? The company can offer a repair and/or a replacement.
You mention an upholsterer’s report, was this independent of the business or offered by the company to resolve the matter?
You mention a manufacturing fault was present at the point of purchase in this report which the store are denying? Were the company provided with a full copy of the report?
If the sofa is leather the problem may be due to natural differences in the product.
Were the care instructions provided by the company followed?
If the company is a member of a trade association you can contact them for advice as its members need to adhere to certain membership rules.
As you have already made a formal complaint to the company, you would need to follow their complaints procedure and escalate the matter if you are not happy with their response.
You can use Alternative Dispute Resolution (ADR) if the company are members of a scheme or ask about using the scheme to resolve the matter.
There is an option to make a Section 75 claim or chargeback claim to the credit or debit card provider used for the purchase if the goods are faulty but the company can dispute the claim and the card provider will investigate the claim.
Q. I would like to challenge a will that
was left by my mother. How would I go about this?
A. If you want to challenge a will, you should act as soon as possible after the death of your mother.
You will require a solicitor’s help and usually will need to take court action.
For example, you may challenge the will because you do not believe that your mother who has died was of sound mind when the will was made, or because the document which is claimed to be a will is a forgery, or was never intended to be a will.
You would have to provide evidence for your view, for example, that your mother who made the will was unduly influenced by the relatives who are named beneficiaries.
A challenge to the validity of a will is often complex. If the challenge is successful, the estate will have to be dealt with as if there is no will.
■ PLEASE NOTE: Rutherglen & Cambuslang Citizens Advice Bureau currently is open for telephone/e-mail advice Monday to Friday from 9.30am until 3pm.