2013 No. 438 (W.54)
The Disabled Persons (Badges for Motor Vehicles) (Wales) (Amendment) Regulations 2013
Made
Laid before the National Assembly for Wales
Coming into force
Title, commencement and application1
1
The title of these Regulations is the Disabled Persons (Badges for Motor Vehicles) (Wales) (Amendment) Regulations 2013 and they come into force on 8 April 2013.
2
These Regulations apply in relation to Wales.
Amendment of Regulations2
1
The Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 20004 are amended in accordance with paragraphs (2) to (6).
2
In regulation 2(1) (interpretation), insert the following definitions in the appropriate places in alphabetical order—
“the 2013 Regulations” (“Rheoliadau 2013”) means the Social Security (Personal Independence Payment) Regulations 20135;
“assessment” (“asesiad”) has the same meaning as in regulation 2 of the 2013 Regulations;
3
In regulation 4 (descriptions of disabled persons), in paragraph (2)—
a
at the end of sub-paragraph (e), for the full stop, substitute a semi-colon;
b
at the end of sub-paragraph (f) for the full stop substitute a semi-colon; and
c
after sub-paragraph (f) insert—
g
receives the mobility component of personal independence payment having undertaken an assessment and obtained a score—
i
of at least 12 points in relation to the “planning and following journeys” activity; or
ii
of at least 8 points in relation to the “moving around” activity,
as set out in Part 3 of Schedule 1 to the 2013 Regulations
4
In regulation 6 (fee for issue and period of issue of a badge), in paragraph (4)(b)—
a
for “or 4(2)(d)” substitute “, 4(2)(d) or 4(2)(g)”; and
b
in paragraph (ii) for “or the mobility supplement” substitute “, the mobility supplement or the mobility component of personal independence payment”.
5
After regulation 9 insert—
Transitional provision9A
1
Where a person satisfies paragraph (2)—
a
the person is to be treated as being a disabled person for the purposes of regulation 7; and
b
regulation 9(1)(c) does not apply to the person,
until the expiration of the period for which the disabled person’s badge referred to in paragraph (2)(b)(i) was issued.
2
A person satisfies this paragraph if—
a
the entitlement of the person to disability living allowance terminates in accordance with the 2013 Regulations;
b
on the last day on which the person is entitled to disability living allowance the person—
i
is in possession of a disabled person’s badge which has been issued in accordance with these Regulations, and
ii
is a disabled person for the purposes of these Regulations by virtue of satisfying regulation 4(1) and (2)(a);
c
with effect from the following day the person is no longer a disabled person for the purposes of these Regulations because the person does not satisfy regulation 4(1)(a) and (2)(a); and
d
the period for which the badge mentioned in sub-paragraph (b) was issued has not yet expired.
6
In the Schedule, Part IIIA, paragraph 2—
a
in sub-paragraph (a) for “paragraphs (b) and (c)” substitute “paragraphs (b), (c), (ca) and (cb).”;
b
after sub-paragraph (c) insert—
ca
where, by reason of their disability a person is unable to satisfy any of the requirements of—
i
paragraph (a)(vi)(cc);
ii
paragraph (a)(vi)(dd); or
iii
paragraph (a)(vi)(ee),
a written statement confirming the reasons why the requirements of those paragraphs cannot be met must accompany the photograph.
c
after new sub-paragraph (ca) insert—
cb
any written statement provided to a local authority by virtue of paragraph (ca)—
i
must be signed and dated by the applicant; or
ii
where it is not possible for the applicant to sign and date the statement, it must be signed and dated by a representative of the applicant, stating the nature of their relationship to the applicant.
(This note is not part of the Regulations)