Vehicle Excise and Registration Act 1994

19(1)A vehicle is an exempt vehicle when it is being used, or kept for use, by or for the purposes of a disabled person who satisfies sub-paragraph (2) if—

(a)the vehicle is registered under this Act in the name of the disabled person, and

(b)no other vehicle registered in his name under this Act is an exempt vehicle under this paragraph or paragraph 7 of Schedule 4.

(2)A disabled person satisfies this sub-paragraph if—

(a)he is in receipt of a disability living allowance by virtue of entitlement to the mobility component at the higher rate,

(b)he is in receipt of a mobility supplement, or

(c)he has obtained, or is eligible for, a grant under—

(i)paragraph 2 of Schedule 2 to the M1National Health Service Act 1977,

(ii)section 46(3) of the M2National Health Service (Scotland) Act 1978, or

(iii)Article 30(3) of the M3Health and Personal Social Services (Northern Ireland) Order 1972,

in relation to the vehicle.

[F1(2A)This paragraph shall have effect as if a person were in receipt of a disability living allowance by virtue of entitlement to the mobility component at the higher rate in any case where—

(a)he has ceased to be in receipt of it as a result of having ceased to satisfy a condition of receiving the allowance or of receiving the mobility component at that rate;

(b)that condition is either—

(i)a condition relating to circumstances in which he is undergoing medical or other treatment as an in-patient in a hospital or similar institution; or

(ii)a condition specified in regulations made by the Secretary of State;

and

(c)he would continue to be entitled to receive the mobility component of the allowance at the higher rate but for his failure to satisfy that condition.]

(3)For the purposes of sub-paragraph (1) a vehicle is deemed to be registered under this Act in the name of a person in receipt of a disability living allowance by virtue of entitlement to the mobility component at the higher rate, or of a mobility supplement, if it is so registered in the name of—

(a)an appointee, or

(b)a person nominated for the purposes of this paragraph by the person or an appointee.

(4)In sub-paragraph (3) “appointee” means—

(a)a person appointed pursuant to regulations made under (or having effect as if made under) the M4Social Security Administration Act 1992 or the M5Social Security Administration (Northern Ireland) Act 1992 to exercise any of the rights and powers of a person in receipt of a disability living allowance, or

(b)a person to whom a mobility supplement is paid for application for the benefit of another person in receipt of the supplement.

(5)In this paragraph “mobility supplement” means a mobility supplement under—

(a)a scheme under the M6Personal Injuries (Emergency Provisions) Act 1939, or

(b)an Order in Council under section 12 of the M7Social Security (Miscellaneous Provisions) Act 1977,

or a payment appearing to the Secretary of State to be of a similar kind and specified for the purposes of this paragraph by an order made by him.

Textual Amendments

F1Sch. 2 para. 19(2A) inserted (19.3.1997) by 1997 c. 16, s. 17

Marginal Citations