Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 20005

1

The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 20006 are amended as follows.

2

In regulation 4(2) (descriptions of disabled persons), after sub-paragraph (a) insert—

aa

receives personal independence payment and who has been assessed as having—

i

severely limited ability (within the meaning of regulation 6(3)(b) of the Social Security (Personal Independence Payment) Regulations 20137) in respect of activity 1 (planning and following journeys) in Part 3 of Schedule 1 to those Regulations; or

ii

limited ability (within the meaning of regulation 6(3)(a) of those Regulations) in respect of activity 2 (moving around) in that Part;

3

In regulation 6 (fee for issue and period of issue of a badge)—

a

in paragraph (2)—

i

after “Subject to” insert “paragraph (3) and”;

ii

after sub-paragraph (b), insert—

ba

to a person falling within the description specified in regulation 4(2)(aa), for whichever is the shorter of—

i

the period of 3 years beginning with the date of issue; or

ii

the period which begins on the date of issue and ends on the date on which the relevant award of personal independence payment ends;

iii

in sub-paragraph (d), after “(b)” insert “, (ba)”; and

iv

omit sub-paragraph (e); and

b

after paragraph (2), insert—

3

Where a person falls within sub-paragraph (b) or (ba) of paragraph (2) and also falls within sub-paragraph (c) of that paragraph, a badge shall be issued for whichever is the longer period under a sub-paragraph applying to him.

4

In regulation 9 (return of badge to issuing authority)—

a

in paragraph (1), for “A” substitute “Subject to paragraph (1A), a”; and

b

after that paragraph, insert—

1A

A badge need not be returned under paragraph (1)(c) where—

a

a person has had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 20138; and

b

immediately before that happened the person was a disabled person by virtue of regulation 4(2)(a) above.