Regulation 2 Amendment of Regulations

(1)

The Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000^f1 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 2013^f2;”

““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 provision

9A

(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.”

Annotations

Footnotes

f1: S.I 2000/1786 (W.123).
f2: S.I. 2013/377.