Concessionary Fares for Disabled People
Eligibility Guidance
The seven categories of disabled person include any person
who:
Is blind or partially sighted
“Blind” means having a high degree of vision loss, i.e. seeing
much less than is normal or perhaps nothing at all.
Blind people can register with their county council. For
this to happen, a consultant ophthalmologist (eye specialist) must
have completed a form and submitted it to the blind person’s local
social services department. In general terms a person can be
registered as blind if they cannot see (with glasses, if worn) the
top letter of the eye test chart (used by doctors and opticians) at
a distance of 3 metres or less. Some people who can read the
top letter of any eye test chart at 3 metres but not at 6 metres,
may still be eligible for registration as blind if their field is
also severely restricted. Only being able to read the top
letter at 3 metres is sometimes referred to as 3/60 vision:
the person can see at 3 metres what a person with normal vision can
see at 60 metres.
“Partial sight” is a less severe loss of vision. Partially
sighted people can see more than someone who is blind but less than
a fully sighted person. A person can be registered as
partially sighted if they have a full field of vision but can only
read the top letter of the eye test chart at a distance of 6 metres
or less (with glasses, if worn). However, if they can read
the next three lines down at the same distance but the field of
vision is either moderately or severely restricted, they may still
qualify for registration.
The Department for Transport advises that permits should be
issued to people whose sight is so impaired that they would be able
to register as blind or partially sighted. For both blind and
partially sighted people however registration is voluntary.
It is recognised that local authorities are unlikely to have the
expertise to assess applicants so, for the purposes of the travel
concession, local authorities may, where a person is not on the
local authority blind and partially sighted register, require
evidence that the applicant is registerable as blind or partially
sighted from an eye specialist, for example an optometrist.
Is profoundly or severely deaf
Hearing loss is measured in decibels across the normal hearing
spectrum as DBHL (Hearing Level). People are generally
regarded as having a severe hearing loss if it reaches 70-95 DBHL
and a profound loss if it reaches 95+ DBHL. The
Department for Transport advises that the statutory minimum
should be made available to people in these categories. There
is no statutory registration system for deaf people. However,
many will be registered on a voluntary basis with their local
authority social services department. The register is open to
people who have varying degrees of hearing loss so in checking the
register a local authority is advised to check that the applicant
is profoundly or severely deaf.
As in the case of blind and partially sighted people, local
authorities may, where appropriate, require applicants to show
evidence of registration before issuing a permit or evidence that
they are registerable, for example, an audiological report or a
report from an aural specialist.
Is without speech
Included within this category are people who are unable to
communicate orally in any language. Those people will be:
- unable to make clear basic oral requests e.g. to ask for a
particular destination or fare;
- unable to ask specific questions to clarify instructions e.g.
“Does this bus go to the High Street?
This category would not, in the Department for Transport’s
opinion, cover people who are able to communicate orally but whose
speech may be slow or difficult to understand because, for example,
of a severe stammer.
In considering an application on these grounds the local
authority may reasonably request medical evidence to support the
application in appropriate cases.
Has a disability, or has suffered an injury, which has a
substantial and long-term adverse effect on his ability to
walk
To simplify the assessment process, local authorities may wish
to accept receipt of the following state benefits, which link
eligibility to the ability to walk, as evidence of eligibility
under this definition provided that the award of the benefit has
been for at least 12 months:
- Higher rate mobility component of Disability Living Allowance
(HRDLA);
- War Pensioners’ mobility supplement
- Severe Disablement Allowance
- Higher rate of Attendance Allowance
Applicants claiming these benefits will be able to produce
documentary evidence of their entitlement. In assessing the
eligibility of other applicants local authorities will wish to
consider:
- whether the applicant cannot walk for distances up to 100m
without stopping, severe discomfort or help from another
person
- whether a mobility aid is used – wheelchair, crutches, walking
frame, etc.
It is envisaged that permits will be issued to people who can
only walk with excessive labour and at an extremely slow pace or
with excessive pain. In other words, the degree of disability
should not fall far short of that required to qualify for the
higher rate mobility component of DLA.
Where the applicant is not in receipt of the benefits mentioned
above or the local authority chooses not to use that mechanism, the
Department for Transport advises that the authority should normally
seek medical evidence to support the claim that the applicant’s
walking ability is permanently and substantially impaired.
Occupational therapists may also be able to provide the necessary
assessment to support the claim.
Does not have arms or has long-term loss of the use of both
arms
This category includes upper limb double amputees and those with
congenital absence of both upper limbs. In the Department for
Transport’s opinion, it also covers both people with deformity of
both arms and people who have both arms if in either case they are
unable to use them to carry out day to day tasks, for example,
paying coins into a fare machine. In these latter cases the
Department advises that a local authority should normally seek
independent medical evidence to support the application.
Has a learning disability, that is, a state of arrested or
incomplete development of mind which includes significant
impairment of intelligence and social functioning
A person with a learning disability has a reduced ability to
understand new or complex information, a difficulty in learning new
skills and may be unable to cope independently. These
disabilities must have started before adulthood and have a lasting
effect on development. The person should be able to qualify
for specialist services and he or she may have had special
educational provision. The Department of Health adopted the
term “learning disability” in 1992. It has the same meaning
as its predecessor “mental handicap” but it is seen as more
acceptable, particularly in reducing the confusion with mental
illness. In determining eligibility in a case where
there has been no previous contact with specialist services, a
local authority should normally seek independent medical advice, or
check any register of people with learning disabilities which might
be held by the Social Services Department of the applicant’s County
council.
Would, if he/she applied for the grant of a licence to drive a
motor vehicle under Part III of the Road Traffic Act 1988, have
his/her application refused pursuant to section 92 of the Act
(physical fitness) otherwise than on the ground of persistent
misuse of drugs or alcohol.
Under Section 92 of the Road Traffic Act 1988 the Secretary of
State may refuse to issue a driving licence on the grounds of the
applicant’s medical fitness. Those who are currently barred
from holding a licence are people with:
- epilepsy (unless it is of a type which does not pose a
danger – see below)
- severe mental disorder
- liability to sudden attacks of giddiness or fainting (whether
as a result of cardiac disorder or otherwise)
- inability to read a registration plate in good light at 20.5
metres (with lenses if worn)
- other disabilities which are likely to cause the driving of
vehicles by them to be a source of danger to the public
(NB: It will be seen that specific reference
is made to people who persistently misuse drugs or
alcohol. Those people are not covered by the definition of
‘disabled person’ under the Act and are thus not entitled to the
statutory minimum).
It is not a condition of entitlement under this category that
the disabled person should apply for and be refused a driving
licence (which would be unduly burdensome for everyone
involved). For people with any of the disabilities (2) – (4)
listed above the local authority can be confident that a licence
would be refused and should therefore be able to issue the travel
pass automatically.
For epilepsy – the bar is not automatic and depends on the
circumstances:
The Motor Vehicles (Driving Licences) Regulations 1999 permit the
grant of a driving licence to a person with epilepsy if that
person:
| a) |
has not had an epileptic attack whilst awake for a year or
more, or |
b)
. |
has a history of attacks whilst asleep and only whilst asleep,
over the past three years or more, provided that the driving of a
vehicle by that person is not likely to cause danger to the
public. |
Other groups not covered by the Regulations include:
- People with restricted visual field (who will be refused a
licence if they do not have a horizontal field of vision of at
least 120 degrees or if they have significant scotoma encroaching
within 20 degrees of the central fixation point in any meridian)
or, sometimes, if they have restricted vertical fields of
vision.
- Insulin dependent diabetics. In general people with
insulin dependent diabetes can continue to drive – though their
licence may be renewable on a 1, 2, or 3-yearly basis.
However, where the person experiences disabling hypoglycaemia they
will be prevented from driving until their diabetes is
controlled.