Family are left with £2,000 bill after ruling on disability vehicle

Hayley Kitts with her son Wilson Fletcher (7) who is disabled. Disability vehicle, a Ford Kuga, used for Wilson. The family are facing a bill of nearly £2000 after the government refused to declare the car they leased to accommodate their son’s wheelchair, a disability vehicle

Hayley Kitts and Mick Fletcher have been told they must pay GST and Vehicle Emissions Duty on their car, which they have brought over from the UK, despite it being used to support their seven-year-old son, Wilson, who has Primrose syndrome, a genetic condition which causes sight and hearing loss and muscle wastage.

Under the GST (Jersey) Law 2007, a vehicle can be exempted from GST if it is designed or substantially and permanently adapted for the carriage of a person in a wheelchair, or to enable a disabled person who usually uses a wheelchair to enter and drive or otherwise be carried in that vehicle.

However, the vehicle the family use for their son does not have specific alterations, which makes it ineligible for relief.

The car was chosen because of its extensive boot space and is leased under the Motability scheme, which covers insurance, future alterations and repairs to the car.

The government originally issued an exemption certificate but then withdrew it, and Ms Kitts said the law was ‘unfair and outdated’.

‘There needs to be more flexibility, as it is discriminatory against my son,’ she said.

‘We chose a car with big boot space rather than one with specific adaptations as Wilson is not that tall yet and so we could get away with it for now. However, when he gets taller we will need an adapted car. How is it fair that one person with the same disability as another could get the relief because of their size?’

The family say they cannot afford to pay the money and will be forced to send the car back if nothing changes.

Ms Kitts said they had had offers from people to pay the money, but have refused to accept them.

‘If we had known that we would need to pay this, then we would have not brought the car over,’ she said.

‘If we have to send it back, then it is going to be really difficult to fit his wheelchair in our other car, which we use for work.’

‘Our vehicle has been proven to support our child’s disability. Just because it does not have specific adaptations does not mean that it is not a disability vehicle.

‘The government always talk about putting kids first. However, in this instance they are clearly not putting my child first and this lack of consideration could affect lots of other families if the same situation happened to them.’

Treasury Minister Susie Pinel said: ‘Some vehicles are relieved from both GST and VED where they have been constructed – or permanently adapted – to accommodate a person with a disability, including a wheelchair user.

‘The relief is only applied when the vehicle has been constructed or adapted to accommodate a person with a disability, not in instances where an unadapted vehicle can accommodate a person with a disability.’

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