The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

Changes to legislation:

There are currently no known outstanding effects for the The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000, Section 4.

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Descriptions of disabled personsE+W

4.—[F1(1) The prescribed descriptions of disabled person to whom a disabled person’s badge may be issued are—

(a)a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);

(b)a person who is not more than [F23] years old and falls within either or both of the descriptions specified in paragraph (3).]

(2) The descriptions [F3referred to in paragraph (1)(a)] are a person who–

(a)receives the higher rate of the mobility component of the disability living allowance in accordance with section 73 of the Social Security and Benefits Act [F41992];

(b)F5... is in receipt of a grant pursuant to [F6paragraph 10(3) of Schedule 1 to the National Health Service Act 2006] or section 46 of the National Health Service (Scotland) Act 1978(1);

(c)is registered as F7... [F8 severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)] [F9or, in Wales, section 18(1) of the Social Services and Well-being (Wales) Act 2014] or, in Scotland, is a blind person within the meaning of section 64(1) of [F10the National Assistance Act 1948];

(d)receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(2) including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983(3);

[F11(dd)has—

(i)received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 within tariff levels 1 to 8 (inclusive); and

(ii)been certified by the Secretary of State as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking;]

[F12(e)drives a vehicle regularly, has a severe disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;]

[F13(f)subject to paragraph (3A), has been certified by an expert assessor as having an enduring and substantial disability which causes them, during the course of a journey, to—

(i)be unable to walk;

(ii)experience very considerable difficulty whilst walking, which may include very considerable psychological distress; or

(iii)be at risk of serious harm when walking; or pose, when walking, a risk of serious harm to any other person;]

[F14(g)receives the mobility component of personal independence payment at either the standard rate or the enhanced rate under section 79(3) of the Welfare Reform Act 2012, and, in an assessment carried out under the Social Security (Personal Independence Payment) Regulations 2013:

(i)obtained a score of at least 8 points in relation to the “moving around” activity; or

(ii)obtained a score of 10 points in relation to the “planning and following journeys” activity on the grounds that they cannot undertake any journey because it would cause them overwhelming psychological distress.]

[F15(3) The descriptions referred to in paragraph (1)(b) are—

(a)a child who, on account of a condition, must always be accompanied by bulky medical equipment which cannot be carried around with the child without great difficulty;

(b)a child who, on account of a condition, must always be kept near a motor vehicle so that, if necessary, treatment for that condition can be given in the vehicle or the child can be taken quickly in the vehicle to a place where such treatment can be given.

[F16(3A) A person is to be deemed to be within the description set out in paragraph (2)(f) in the absence of the certification otherwise required if, in the opinion of the local authority to which the application for a disabled person’s badge is being made, it is self evident by reason of the information the authority has about the person that the person [F17has an enduring and substantial disability which causes them, during the course of a journey, to suffer one of the effects listed at paragraph (2)(f)(i) to (iii).]]

(4) In this regulation—

(a)“bulky medical equipment” includes in particular any of the following—

(i)ventilators;

(ii)suction machines;

(iii)feed pumps;

(iv)parenteral equipment;

(v)syringe drivers;

(vi)oxygen administration equipment;

(vii)continual oxygen saturation monitoring equipment; and

(viii)casts and associated medical equipment for the correction of hip dysplasia; and

(b)“parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)).]

Textual Amendments