Paragraph 4 Invalid Vehicle Scheme

(1)

Where–

(a)

a certificate issued in respect of a person under section 13(1) of the Social Security (Miscellaneous Provisions) Act 1977 F1 is in force, or

(b)

an invalid carriage or other vehicle is or was on or after 1st January 1976 made available to a person by the Secretary of State under F2section 46(1) of the NHS Act of 1978 or paragraph 9 of Schedule 1 to the NHS Act of 2006 or paragraph 9 of Schedule 1 to the NHS (Wales) Act of 2006, being a carriage or other vehicle which is–

(i)

propelled by a petrol engine or an electric motor;

(ii)

provided for use on a public road; and

(iii)

controlled by the occupant,

that person shall not be precluded from entitlement to mobility component payable at the higher rate specified in regulation 4(2)(a), or a care component payable at the highest or middle rate specified in regulation 4(1)(a) or (b), by reason only that he has attained the age of 65.

(2)

In determining a person’s entitlement where paragraph (1) applies, F3section 72 of the Act shall have effect as if in paragraph (a) of subsection (2) of that section for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection was omitted.

Annotations

Textual amendments

F1: 1977 c.5 .
F2: Words in Sch. 1 para. 4(b) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(12)
F3: Words in Sch. 1 para. 4(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(4)

Notes on the whole SI

Textual amendments

F1: 1991 c.21 .
F2: 1975 c.14 . Sections 37ZA–37ZE were inserted in the Social Security Act 1975, by the Disability Living Allowance and Disability Working Allowance Act 1991; section 166 was amended by the Social Security Act 1989 (c.24) Schedule 8, paragraph 10(1); subsection (3A) was inserted in section 166 by the Social Security Act 1986 (c.50) , section 62(1) ; Schedule 20 is cited because of the meaning it ascribes to the words “Prescribed” and “Regulations”, and for the enabling power contained within the meaning of the word “Child”, which was inserted by the Child Benefit Act 1975 (c.61) , Schedule 4 , paragraph 38 .
F3: 1977 c.5 ; section 13 was amended by the Social Security Act 1979 (c.18) Schedule 3, paragraph 29(c) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , section 4 , Schedule 2 , paragraph 8 .