The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2014

Citation and commencement

1.—(1) These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2014.

(2) These Regulations come into force on 28th June 2014.

Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000

2.  The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000(1) are amended as follows.

Amendment of regulation 4

3.  In regulation 4 (description of disabled persons)—

(a) after sub-paragraph (aa) of paragraph (2), insert—

“(ab) has—

(i) had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013(2) and immediately before that happened was a disabled person by virtue of sub-paragraph (a); and

(ii) made a revision request which falls within paragraph (5);

(ac) has had entitlement to disability living allowance terminated in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013 and immediately before that happened was a disabled person by virtue of sub-paragraph (a) with the relevant award of disability living allowance having been made without limit of time;”;

(b) in paragraph (4)—

(i) at the end of sub-paragraph (a), omit “and”; and

(ii) at the end of sub-paragraph (b), insert—

“; and

(c) “revision request” means an application to the Secretary of State for a revision under regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013(3) of the decision as to whether the person in question is entitled to personal independence payment or on the amount of that payment”; and

(c) after paragraph (4), insert—

“(5) A revision request falls within this paragraph if it is made by a person—

(a) no earlier than a year before that person made the application for a disabled person’s badge which is under consideration;

(b) no earlier than a year before the expiry date of any disabled person’s badge held by that person.”.

Amendment of regulation 6

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

(a) in paragraph (2)—

(i) for “paragraph (3)”, substitute “paragraphs (3) and (4)”;

(ii) after sub-paragraph (ba), insert—

“(bb) to a person falling within the description specified in regulation 4(2)(ab), for the period of 1 year beginning with the date of issue;”; and

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

(b) after paragraph (3), insert—

“(4) Where a person falls within the description specified in regulation 4(2)(a) and is in receipt of an award of disability living allowance which has been extended whilst an application by that person for personal independence payment is being considered, a disabled person’s badge shall be issued for whichever is the shorter of—

(a) the period of 3 years which begins with the date of issue; or

(b) the period which begins with the date of issue and runs for the same length of time as the award of disability living allowance which has been extended was made  for.”.

NICOLA STURGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th May 2014