The Social Security (Disability Living Allowance) Regulations 1991

Regulation 13

SCHEDULE 2 INVALID VEHICLE SCHEME

Interpretation

1.  In this Schedule, unless the context otherwise requires,–

“the 1977 Act” means the Social Security (Miscellaneous Provisions) Act 1977(1);

“vehicle scheme beneficiary” means any person of a class specified in section 13(3)(a), (c) or (d) of the 1977 Act or any person of the class specified in section 13(3)(b) of the 1977 Act whose application was approved on or after 1st January 1976 and, where an invalid carriage or other vehicle was provided or as the case may be applied for, is a person of any such class in respect of whom the invalid carriage or other vehicle provided or applied for was a vehicle–

(a)

propelled by a petrol engine or by an electric motor,

(b)

supplied for use on a public road, and

(c)

to be controlled by the occupant;

“certificate” means a certificate issued in accordance with paragraph 3.

Prescribed periods for purposes of section 13(3)(c) of the 1977 Act

2.  For the purposes of section 13(3)(c) of the 1977 Act–

(a) the prescribed period before 1st January 1976 shall be that commencing with 31st January 1970 and ending with 31st December 1975; and

(b) the prescribed period after 1st January 1976 shall be that commencing with 2nd January 1976 and ending with 31st March 1978.

Issue of certificates

3.—(1) The Secretary of State shall issue a certificate in the form approved by him in respect of any person–

(a) who has made an application for a certificate in the form approved by the Secretary of State; and

(b) whom the Secretary of State considers satisfies the conditions specified in sub-paragraph (2).

(2) The conditions specified in this sub-paragraph are that–

(a) the person is a vehicle scheme beneficiary; and

(b) his physical condition has not improved to such an extent that he no longer satisfies the conditions which it was necessary for him to satisfy in order to become a vehicle scheme beneficiary.

Duration and cancellation of certificates

4.—(1) Subject to sub-paragraph (2) the period during which a certificate is in force shall commence on the day specified in the certificate as being the date on which it comes into force and shall continue for the life of the person concerned.

(2) If in any case the Secretary of State determines that the condition specified in paragraph 3(2)(b) is not satisfied, the certificate shall cease to be in force from the date of such non-satisfaction as determined by the Secretary of State (or such later date as appears to the Secretary of State to be reasonable in the circumstances).

Application of these Regulations in relation to vehicle scheme beneficiaries

5.  In relation to a person in respect of whom a certificate is in force these Regulations shall have effect as though regulation 2(1)(a)(iii) were omitted.

(1)

1977 c. 5; section 13(1) is amended by the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), Schedule 2, paragraph 8.