The Department for Work and Pensions (DWP) will write to benefits claimants before applying to revoke their driving licences under new powers granted by the Labour Party government. The measures, part of a crackdown on welfare fraud and error, allow the DWP to seek court orders that could temporarily disqualify individuals from driving if they owe more than £1,000.
According to the DWP, the power will only be used where the outstanding debt is at least £1,000 and where it is not reasonably possible to recover the money by any other means. The department has clarified that the disqualification power cannot be applied to individuals who, at the time of application, are entitled to and in receipt of a DWP benefit.
Notification and Court Process
Where the disqualification power is to be applied, the individual will be notified in writing, with details of the court hearing included. When considering an application, the court must first determine whether the individual had the means to repay the debt but did not, without reasonable excuse.
The court cannot make an order if it considers that the individual has an essential need to drive, including where driving is essential to earn a living. The individual must make any essential need clear to the court. A suspended order will always be made in the first instance, with the court setting repayment terms. Actual disqualification will not result provided the individual complies with those payment terms.
Consequences of Non-Compliance
If the individual fails to comply with the payment terms without reasonable excuse, the DWP can apply for an immediate disqualification order, which may have effect for up to two years from the date of disqualification. An order must end as soon as the full amount owed to the DWP has been repaid.
If an order is not granted by the court—for example, because the court accepts the individual has an essential need for their licence—further applications may be made in the future. Where an immediate disqualification order comes to an end, the DWP may apply for another immediate disqualification order for a further period of up to two years, if the individual continues not to repay the debt in full.
