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.