Disability Information Sources

[Martin O Refurbisher]

I often come across gems which I would like to share with others, so I created this topic, as convenient one-stop shop in which to find all the useful links:

What was the disability rights commission was in 2007 merged into the new Equality and Human Rights Commission.

Assessment: Here is a new document due now, which may be relevant to us:
http://www.equalityhumanrights.com/huma ... assessors/

Best,

Martin

[Martin O Refurbisher]

Assessment: Here is a new document due now, which may be relevant to us:
http://www.equalityhumanrights.com/huma ... assessors/

Best,

Martin

[Martin O Refurbisher]

Assessment: Here is a new document due now, which may be relevant to us:
http://www.equalityhumanrights.com/huma ... assessors/

Best,

Martin

[Martin O Refurbisher]

Ricability is a charity devoted to consumer testing products for older people and people with disabilities.
www.ricability.org.uk/

Best,

Martin

[Martin O Refurbisher]

DPTAC - Disabled Persons Transport Advisory Committee (spoken as "Dip-tack")

Responsible for advising the UK Government on access for disabled people to transport and the built environment. Provides information on access
dptac.independent.gov.uk/

Has some very useful publications for disabled travellers, covering air, rail, road and sea.

[Martin O Refurbisher]

http://www.wheelchairmanagers.nhs.uk/mi ... 0-hswc.pdf

Best,

Martin

[Martin O Refurbisher]

As disabled people, we are entitled to have any relevant goods zero rated (not exempt).

To achieve this, the supplier needs a VAT certificate signed by you. Those who regularly supply the disabled will normally do this automatically if you ask.

However, as it is the relevant use by a disabled person that matters, it applies to many purchases that you might not expect. If you are going to make a large purchase which incurs VAT, first ask the supplier if they know how to sell to you VAT free, by zero rating against a certificate - they are legally obliged to do so.

For example, batteries are normally listed at a price which includes VAT - you are entitled to them VAT free (currently saving the "VAT fraction" of 1/6 th).

This applies throughout the EU in various like forms, although the above is UK mainland + NI legislation.

For more information, see:

http://www.hmrc.gov.uk/vat/sectors/cons ... sabled.htm

I can e-mail a text copy of the VAT form, so if anyone wants it, just ask.

Best,

Martin

[Burgerman]

IMPORTING

Importantly for buying overseas stuff, like lithium batteries, chargers, motors, controllers (like my roboteq one) and anything else for adapted cars, powerchairs, electric beds, specialist tools, etc. do the following BEFORE the damned ignorant impossible to contact customs charge you:

Imported goods for disabled people
You can import certain goods into the UK without paying VAT or duty, as long as they're for your own domestic or personal use.

[b]Goods you can import without paying VAT[/b

]Goods designed solely for the use of disabled people that you import for your own use are zero-rated anyway, but in addition, you may not have to pay VAT if you import the following:

•any goods specially designed to be of educational, scientific or cultural help to people who are blind or partially sighted
•any goods specially designed to give educational, employment or social help to people with physical or mental disabilities
You also won't have to pay VAT if you import spare parts, components, tools and accessories specifically or recognisably intended for such goods.

If the goods need adapting to make them suitable for use by disabled people, you can't get any relief on importing the unadapted goods. You'll have to get them adapted before you bring them into the EU.

See a list of examples of goods for the blind that qualify for import VAT relief at the end of this guide.

How to get the relief
If you're bringing the goods in yourself, in your accompanied baggage, you don't need any prior approval. Simply declare them in the Red Channel or Red Point when you arrive. You may be asked to fill in and sign a declaration.

If you're bringing them in by any other means, you have to obtain authorisation first. Write to the National Imports Reliefs Unit (NIRU) and they'll send you a form to fill in.

National Import Reliefs Unit
HM Revenue & Customs
Custom House
Killyhevlin Industrial Estate
Co Fermanagh
BT74 4EJ

Tel: 028 6632 2298
Fax: 028 6632 4018
Email

After you send the form back to HMRC, you'll be sent an NIRU certificate and a copy of the certificate. Hand the certificate to customs when you import the goods, and keep the copy for your own records.

Goods imported by post
If the goods are being sent to you by post, ask the sender to write clearly on the package and its accompanying customs declaration:

'GOODS FOR DISABLED PEOPLE: RELIEF CLAIMED'

HMRC may send you a form to fill in and complete, together with a declaration. If the package isn't properly marked you may have to pay duty and VAT. If that happens, write to customs at the postal depot where the charges were raised, enclosing your original NIRU certificate, the VAT declaration and the document showing the charges. Explain what happened and if they're satisfied that you don't need to pay duty and VAT on the goods, they'll repay them to you.

[Ashley G]

Ueful posts, obviously, but a quick question for you Martin ?

You mentioned batteries, for example, and I have already had arguments with some suppliers about whether or not they are "qualifying goods". The argument thrown back at me usually is that the batteries were not designed or adapted specifically for my use as a disabled person and, therefore, they may not be zero-rated whether I am disabled or not.

Having pored over pages and pages of Law, guidelines, notices and Lord knows what else, I have reluctantly come to acccept that and now adopt a very cautious approach when seeking zero-rated supplies - trying, where I can, to avoid that particular pitfall.

Your post didn't mention that point. Was that because you overlooked it, or because you have found a more helpful definition somewhere, please and thanks ?

I don't think a supplier's VAT records are scrutinised so closely that he would find himself in trouble for accepting our interpretation in the greater scheme of things but, when a supplier has that "designed or adapted" point in mind, it's a difficult job to get him past it.

It's an argument I am tired of having and I would love to have a better solution.

Regards

Ashley

[Burgerman]

Bearings, bolts, batteries, tyres etc are all generic. Not made specifically for powerchairs. Even controllers. My roboteq was allowablke after I gave them a bollocking...

That includes my fat off road tyres, odyssey batteries, hyperion chargers, power supplies, and even my radio control equipment. Not to mention the wheels on my van, a joystick from RS and countless other things.

If you can show that its for use on a mobility device that is zero rated like a powerchair they lose. You win. If not then the mistake you are making is talking to a moron. Move up the chain of command and eventually you get to talk to a guy with the key to the broom cupboard.

You need to be a bit more how shal we say "forceful" when dealing with powercrazed idiots.

Added, enlightened suppliers KNOW that batteries are zero rated and will even send you an exemption form... EG Tayna batteries... http://www.tayna.co.uk/Mobility-Scooter ... s-C28.html

My new lithiums WILL BE zero rated too. Or the customs guys are going to regret me contacting them (again)!!!

[LROBBINS]

Ashley,

Aren't batteries:

You also won't have to pay VAT if you import spare parts, components, tools and accessories specifically or recognisably intended for such goods.

Ciao,
Lenny

[Martin O Refurbisher]

Dear Ashley,
Without wanting to recite reams of HMRC notices, all you need do is refer them to the documents on the post above.

BM has extracted some key points.

Batteries most certainly are "qualifying goods". It is the use that you put the parts to that matters, not the intention of the manufacturer.

Keep it simple - I would argue that if the end user is disabled and not VAT registered, then a qualifying end user is entitled to the relief. If the supplier you chose does not agree to treat a supply as zero-rated (Not Exempt), either choose another supplier, or contact me and I'll take it up on your hbehalf.

Best,

Martin

[Burgerman]

I dont think he is talking about the supplier but the idiots at the goverment depatments. They tell me the same rubbish.

[Martin O Refurbisher]

BM
You may be right. However, I am not interested in feather bedded civil servants and their opinions - only in ensuring that anyone entitled to the relief gets it. I'll do whatever I can to ensure that, so long as someone lets me know that they have a problem.

Best,

Martin

[Martin O Refurbisher]

If funds are tight, talk to Motability about a lease car
- or pick your favourite brand and got to the local dealer displaying a Motability sign, for an intro to the subject.

www.motability.co.uk


Best,

Martin

[Martin O Refurbisher]

There are many grants / loans available from DHSS if you ask, and many charities who will help.
start with:

http://www.focusondisability.org.uk/social-fund.html

Best,

Martin

PS: If you are ex-services, (you were "in" for more than 7 Days!) start with the Royal British Legion for advice:

http://www.britishlegion.org.uk/can-we- ... ppy-advice

Best,

Martin

[Ashley G]

I agree entirely that any materials we need should be zero-rated, so we are all on the same page there.

My question, though, was based on a sadly inconsistent track record of getting my own way. I wasn't in any way criticising Martin's post - merely wondering, hopefully, if he had found a more helpful definition of "qualifying goods".

I know there are endless texts which can be quoted in isolation, but the biggest difficulty (when dealing with literate suppliers anyway) is the "VAT Notice 701/7". That's the notice which gives rise to the exemption cetificate we complete - and which, if the supplier looks it up, kinda shoots us down in flames.

Here is the notice itself: http://xrl.us/VATNotice7017

The officially recomended form of certificate (see s.10) refers suppliers back to that Notice for clarification and, if you take a look at 4.5 and 4.8 particularly, you can probably see what I mean ?

At 2.2, by the way, you can also see confirmation that HMRC will not refund VAT when it has been levied inappropriately. That, according to HMRC, is a matter for the supplier to correct. An interesting conundrum if your goods are imported and taxed on arrival.

The Regulations don't even make sense. On the one hand, they say that batteries (for example) do not qualify as zero-rated, even when used in our wheechairs, because they were not designed specifically for use by the disabled. However, repairs to our motor vehicles, for example, are zero-rated, despite the fact that the mechanic's training and employment was not "designed" speciically for use by the disabled either.

[Burgerman]

>>> An interesting conundrum if your goods are imported and taxed on arrival

Always get a refund in the end, and on occasion I CHARGE them for my letters and time too. Including when I ordered the roboteq controller. They charged me. I explained rather vigorously that it was to be used as a mobility controller. They agreed to pay it back. They dont like it. But escalate it above the first line of dummies you speak too. No it doesent make sense. But its designed to grab money first and make everyone give up the fight. I dont give up.

[Martin O Refurbisher]

From HMRC Notice 701/7 (August 2002)

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.
""

Best

Martin

[Martin O Refurbisher]

Again, from HMRC 701/7

"
3.5 What does for ‘domestic or personal’ use mean?

‘Domestic or personal’ use means that the supply must be made available specifically for the use of an eligible individual (or series of eligible individuals).

Excluded from the terms ‘personal’ or ‘domestic’, and not eligible for VAT relief are:

* goods and services used for business purposes;
* supplies made widely available for a whole group of people to use as they wish. For example, a stair lift in a charity building for the use or convenience of all chronically sick or disabled persons who might use the building would not qualify for relief. This is because the charity is making the lift available for the general use of all those people who might require it, rather than for the personal use of specified individuals;
* goods and services supplied to:
- an in patient or resident of a hospital or nursing home;
- any person attending the premises of a hospital or nursing home for care or treatment; and
- any other person or commercial establishment where the goods are for use by, or in connection with, either of the above,

where the items are intended for use in the care or treatment provided in the hospital or nursing home. For more information see Notice 701/31 Health and Care institutions.
""

Best,

Martin