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Vehicle Excise and Registration Act 1994

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Changes over time for: Paragraph 19

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Version Superseded: 26/07/2021

Status:

Point in time view as at 01/09/2020.

Changes to legislation:

Vehicle Excise and Registration Act 1994, Paragraph 19 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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—U.K.

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

[F1(b)no other vehicle registered in his or her name under this Act is—

(i)a vehicle for which a vehicle licence taken out at a rate of vehicle excise duty reduced in accordance with paragraph 1ZA(1) of Schedule 1 is in force, or

(ii)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,

[F2(aa)he or she is in receipt of personal independence payment by virtue of entitlement to the mobility component at the enhanced rate,

(ab)he or she is in receipt of armed forces independence payment,]

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

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

[F3(i)paragraph 2 of Schedule 20 to the National Health Service Act 2006 or paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006,]

(ii)section 46(3) of the M1National Health Service (Scotland) Act 1978, or

(iii)Article 30(3) of the M2Health and Personal Social Services (Northern Ireland) Order 1972,

in relation to the vehicle.

[F4(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.]

[F5(2B)This paragraph has effect as if a person were in receipt of personal independence payment by virtue of entitlement to the mobility component at the enhanced rate in any case where the person would be in receipt of that payment by virtue of that entitlement but for—

(a)regulations under section 86(1) of the Welfare Reform Act 2012 (treatment as in-patient in hospital or similar institution), or

(b)corresponding provision having effect in Northern Ireland.]

(3)For the purposes of sub-paragraph (1) a vehicle is deemed to be registered under this Act in the name of a [F6disabled person who satisfies sub-paragraph (2) by virtue of paragraph (a), (aa), (ab) or (b) of that sub-paragraph] 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 M3Social Security Administration Act 1992 or the M4Social Security Administration (Northern Ireland) Act 1992 to exercise any of the rights and powers of a person in receipt of a disability allowance, [F7personal independence payment or armed forces independence payment,] 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 M5Personal Injuries (Emergency Provisions) Act 1939, or

(b)an Order in Council under section 12 of the M6Social 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(1)(b) substituted (retrospective to 8.4.2013) by Finance Act 2013 (c. 29), Sch. 37 paras. 6(2), 7

F2Sch. 2 para. 19(2)(aa)(ab) inserted (retrospective to 8.4.2013) by Finance Act 2013 (c. 29), Sch. 37 paras. 6(3), 7

F4Sch. 2 para. 19(2A) inserted (19.3.1997) by 1997 c. 16, s. 17

F5Sch. 2 para. 19(2B) inserted (retrospective to 8.4.2013) by Finance Act 2013 (c. 29), Sch. 37 paras. 6(4), 7

F6Words in Sch. 2 para. 19(3) substituted (retrospective to 8.4.2013) by Finance Act 2013 (c. 29), Sch. 37 paras. 6(5), 7

F7Words in Sch. 2 para. 19(4)(a) inserted (retrospective to 8.4.2013) by Finance Act 2013 (c. 29), Sch. 37 paras. 6(6), 7

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