Guidance

Assessing eligibility of disabled people for concessionary bus travel

Updated 1 April 2025

Applies to England

Introduction

The English National Concessionary Travel Scheme (ENCTS) provides free off-peak local bus travel to eligible older people and eligible disabled people on bus services in England. Locally, the scheme is administered by travel concession authorities (TCAs).

This guidance is to assist TCAs in assessing the eligibility of disabled applicants for the ENCTS.

This guidance applies only to England. Concessionary travel is a devolved policy area, and legislation and assessment of eligibility for concessionary travel in Wales, Scotland and Northern Ireland are matters for the appropriate devolved administration.

There is separate guidance for travel concession authorities on administering the ENCTS.

Concessionary bus travel in England

The Concessionary Bus Travel Act 2007 (the 2007 Act) mandates free off-peak travel for eligible older and eligible disabled people on local bus services anywhere in England.

Concessionary travel in England outside of London is underpinned by sections 145 to 150 of the Transport Act 2000 (the 2000 Act) and within London by sections 240 to 244 of, and Schedule 16 to, the Greater London Authority Act 1999 (the 1999 Act).

The mandatory bus concession may be supplemented with additional concessions at the discretion of a TCA under section 93 of the Transport Act 1985.

England outside of London

Operators of a bus service are required to provide the mandatory concession to all ENCTS passholders. TCAs must issue an ENCTS pass, at no charge, to any applicant who appears to that TCA to be an ‘elderly or disabled person’ residing in the authority’s area. An ‘elderly person’, for the purposes of the 2000 Act (as amended), is a man or woman of state pension age. For the purposes of the 2000 Act (section 146), disabled people are defined by reference to 7 categories.

Greater London

The 1999 Act empowers London local authorities to agree arrangements with Transport for London under which travel concessions are provided to older people and to disabled people in the same categories as those listed in the 2000 Act. Failure to reach agreement on such arrangements would trigger a reserve ‘free travel scheme’ (see Schedule 16), under which certain travel concessions must be provided.

General criteria to determine entitlement

The categories of disabled person listed in the 2000 Act and the 1999 Act in relation to concessionary travel do not cover the full range of disabled people included within the Equality Act 2010 (EA) definition.

However, in line with the central principle of the EA definition, the types of disability which should enable people to claim the mandatory concession are those which are permanent, or which have lasted at least 12 months, or which are likely to last at least 12 months or are likely to recur (although the likelihood of an effect recurring may be disregarded in pre-agreed circumstances). This disability should have a substantial effect on a person’s ability to carry out normal day-to-day activities.

It should not be necessary for the effect of the disability to be the same throughout the period – it may worsen or diminish at different times – but TCAs should nevertheless satisfy themselves that it will have (or be likely to have) such an effect throughout the period.

A person may have more than one disability which would cause them to be eligible for the mandatory concession.

The 2007 Act provides an entitlement to a concession against a full adult fare. It does not set age limits for recipients of this concession. The mandatory concession therefore applies to eligible adults and to all eligible disabled children and young people of fare-paying age.

In any application for an ENCTS pass, the onus will be on the applicant to prove their entitlement.

Assessing eligibility

This guidance is to assist TCAs in their assessment of an applicant’s eligibility for an ENCTS pass. It aims to make the process of assessing whether an applicant is a ‘disabled person’ and therefore eligible for a pass easier by suggesting circumstances where a further assessment of an applicant’s eligibility may not be needed, thereby reducing the burden on the TCA and the applicant. 

Section 145A(6) of the 2000 Act, as amended, and Section 240(5A) of the 1999 Act, provide that the Secretary of State may issue guidance to TCAs to which they must have regard in determining whether a person is a disabled person. Whilst the TCA must have regard to the guidance, TCAs are not bound by it. The decision as to whether a person is eligible for an ENCTS pass rests with the TCA.

Passporting from state benefits 

The department recommends that eligibility for an ENCTS pass may be considered ‘automatic’ (not requiring further assessment) where a person is in receipt of any of the following state benefits, provided that the person is of fare paying age and that the award of the benefit has been for at least 12 months or is expected to be for at least 12 months:

• Personal Independence Payment (PIP) – where the applicant has been awarded at least eight points against either the PIP “Moving around” and/or “Communicating verbally” activities
• Higher Rate Mobility Component of Disability Living Allowance (HRMCDLA)
• War Pensioner’s Mobility Supplement (WPMS)

We view these 3 state benefits as a robust way of assessing eligibility because the criteria that someone must meet to receive them is closely aligned to the criteria that a person must meet to be eligible for an ENCTS pass. Therefore in these cases the TCA does not need to carry out a further assessment of an applicant’s eligibility.

However, a decision to consider an applicant automatically eligible for an ENCTS pass comes at the discretion of the relevant TCA, based on their own consideration of the evidence provided and any legal advice they seek. There is no requirement in the 2000 Act or the 1999 Act that eligibility should be automatic.

Applicants claiming these benefits will be able to provide documentary evidence of their entitlement. An example of proof of entitlement is proof of payment of the allowance. An applicant receiving the HRMCDLA or PIP will be able to produce an award notice letter from the Department for Work and Pensions (DWP). If they have lost the award notice, DWP can provide another copy.

A PIP claimant will already have been assessed as having a disability which will, or is likely to, last for at least twelve months. Further detail on passporting eligibility from PIP, including details of the descriptors indicating an award of 8 points or more, is provided below.

An applicant receiving WPMS will have an award letter from the Service Personnel and Veterans Agency.

In our view, only the specific benefit awards listed above have eligibility criteria which is sufficiently consistent with that of the mandatory concession to justify granting applicants access to it without further assessment. Nevertheless, proof of receipt of any state benefit, even where it is unsuitable for demonstrating automatic entitlement, may still be relevant to applications alongside other evidence such as independent medical advice. In either case, it is for TCAs to determine what action is appropriate.

In previous guidance, eligibility has been considered automatic where a disabled person of fare-paying age has been issued with a disabled persons’ parking badge (Blue Badge). We would no longer recommend automatically passporting Blue Badge eligibility to the ENCTS due to differences in the eligibility criteria.

Disability registration

For applicants outside the above categories the next most robust means of assessment is likely to be via local authority lists of registered blind, partially sighted, or profoundly or severely deaf people. This is covered in more detail below. Where a person is registered with a local authority outside their current area of residence, the TCA may wish to consider the desirability of contacting that authority as against other means of assessing eligibility.

Independent medical assessment

For other applicants, where there is any doubt about eligibility, we recommend that TCAs seek independent medical evidence to inform their decision. The cost of this should not be borne by the applicant.

Using an applicant’s GP to verify that an individual meets the criteria for an ENCTS pass is regarded as an unsatisfactory arrangement for both the GP and the administrators of the scheme. The main argument against this approach is that it compromises the doctor/patient relationship.

We strongly recommend that independent health professionals should undertake assessments in place of GPs. In the case of assessment of the inability to walk, for example, occupational therapists or physiotherapists are often best placed to assess eligibility due to their professional knowledge of mobility. Transferring assessment to such specialists implicitly suggests the importance of making judgements based on physical mobility rather than medical conditions.

Where possible, we encourage local authorities to run dedicated assessment centres to assess eligibility. As well as having the potential to reduce costs, this can help to ensure that a fair and equitable service is provided to all applicants who are required to have an assessment. Moreover, scope for identity fraud can be reduced if photographs for use on passes are taken at the time of assessment.

Neighbouring local authorities may wish to work together in running such assessment centres to achieve economies of scale. In assessment centres, or where any specialist is consulted, the local authority will need to satisfy itself of the fitness of the specialist to carry out the assessment.

In a rural local authority, where the population is scattered and accessibility could be a problem, careful consideration needs to be given as to how medical assessments are carried out, such as whether people may require additional assistance to attend medical facilities.

Where, as a last resort, it is necessary to use a GP, the contact should be made direct by the TCA, having secured the applicant’s agreement, and the GP should only be asked for answers to factual questions. They should not be asked for an opinion on whether someone meets the criteria.

The 7 categories of disability

There are 7 categories of disabled person identified as eligible for concessionary bus travel in the 2000 Act. The same categories are reproduced in the 1999 Act, although that act lists blind and partially sighted people separately.

We strongly recommend that when a TCA issues an ENCTS pass to an eligible disabled person, the TCA keeps a record of the particular category of disability under which a person qualifies – as well as details of how the assessment was carried out and by whom.

The TCA should consider the category of disability when setting the expiry date of the pass. This would reflect the fact that some disabilities are clearly permanent, whereas others may last for only a limited period. It may therefore be appropriate to consider setting an expiry date of one year, for example, where circumstances would suggest this is sensible, or matching the ENCTS pass expiry date to the PIP expiry date. TCAs are encouraged to seek independent medical advice on this point.

Legislation sets out the following categories of eligible disabled people.

(a) is blind or partially sighted

‘Blind’ means having a high degree of vision loss, that is, seeing much less than is normal or perhaps nothing at all. ‘Partially sighted’ 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. Blind and partially sighted people can register with their local council. The register is held by the social services or social work department, or by a local voluntary agency, and is confidential.

A person can be registered as either ‘severely sight impaired (blind)’ or ‘sight impaired (partially sighted)’. The formal notification required to register as severely sight impaired or sight impaired is a certificate of vision impairment (CVI), signed by a consultant ophthalmologist (eye specialist). However, registration is voluntary. The individual should have a copy of their CVI and should be encouraged to register, if they have not already done so, as they may be entitled to various other benefits too.

In general terms a person can be registered as severely sight impaired (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 an eye test chart at 3 metres, but not at 6 metres, may still be eligible for registration as severely sight impaired (blind) if their field of vision 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.

A person can be registered as sight impaired (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 3 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 advises that ENCTS passes should be issued to people whose sight is so impaired that they would be able to register as severely sight impaired (blind) or sight impaired (partially sighted). TCAs may, where a person is not on the local authority register, require evidence from an eye specialist, for example an optometrist, that the applicant would qualify to be registered as severely sight impaired (blind) or sight impaired (partially sighted).

Read advice on how to register as sight-impaired on the RNIB website.

(b) is profoundly or severely deaf

Hearing loss is measured in decibels across the normal hearing spectrum, as dB HL (hearing level). People are generally regarded as having a severe hearing loss if it reaches 70 to 95 dB HL and a profound loss if it reaches 95+ dB HL. The department advises that ENCTS passes should be issued 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 TCA is advised to verify that the applicant is profoundly or severely deaf before issuing an ENCTS pass.

As in the case of blind and partially sighted people, TCAs may, where appropriate, require applicants to provide evidence of registration before issuing an ENCTS pass, or evidence that they could register, for example, an audiological report, or a report from an aural specialist.

(c) 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, for example to ask for a particular destination or fare
• unable to ask specific questions to clarify instructions, for example ‘Does this bus go to the High Street?’

This category would not, in our opinion, cover people who are able to communicate orally but whose speech may be slow or difficult to understand, for example because of a severe stammer.

In considering an application on these grounds the TCA may accept receipt of PIP, with a score of at least 8 points for the ‘Communicating verbally’ activity, as providing an automatic entitlement to an ENCTS pass. Further detail on passporting eligibility from PIP, including details of the descriptors indicating an award of eight points or more, is provided below. Alternatively, where PIP has not been applied for, or where insufficient points have been awarded, TCAs may reasonably require medical evidence to support the application.

(d) has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk

To qualify under this category, a person would have to have a long term and substantial disability that means they cannot walk or which makes walking very difficult.

It is envisaged that passes will be issued to people who can only walk with excessive labour and at an extremely slow pace or with excessive pain. Their degree of impairment should be at comparable level to that described in the ‘Guidance on assessing ability to walk’ below.

Where an applicant has been awarded PIP, with an award of 8 points or more for the ‘Moving around’ activity, or the higher rate mobility component of Disability Living Allowance (HRMCDLA), a relevant benefit award letter may be accepted as evidence of automatic entitlement to an ENCTS pass.

Where the specified rates of PIP or DLA have not been awarded, or where these benefits have not been applied for, applicants may still be found eligible if assessed using the following criteria.

Guidance on assessing ability to walk

(i) they cannot walk or…

Being unable to walk means that they cannot take a single step.

They need to show that because of their disability they cannot put one foot in front of the other.

Walking involves always having one foot on the ground.

If their only way of getting about is to swing through crutches then they will be considered unable to walk.

(ii) …they are virtually unable to walk, or…

They will need to show that they are unable to walk very far without experiencing severe discomfort.

Discomfort can mean either pain or breathlessness. Extreme fatigue and stress may also be taken into account. It has been accepted that discomfort is subjective and that some people have higher pain thresholds than others.

Unless both legs are missing then they will need to show that they experience severe discomfort even when using an artificial aid.

When deciding whether they are virtually unable to walk the following factors should be taken into account:

• the distance over which they can walk without experiencing severe discomfort
• the speed at which they can walk
• the length of time for which they can walk
• the manner in which they can walk

If they can only walk up to 27 metres without severe discomfort then they will qualify for the mandatory concession.

If they can only walk between 27 and 64 metres without severe discomfort then it is likely that they will qualify for the mandatory concession.

If they can walk more than 64 metres without severe discomfort then they will need to show that the other three factors mean that they are virtually unable to walk. For example, if they can show that it takes them five minutes to walk 100 metres, they should qualify for the mandatory concession.

As a guide, the average person can walk the following in a minute:

• 90 metres at a brisk pace
• 60 to 70 metres at a moderate speed
• 40 to 50 metres at a slow pace
• 30 to 40 at a very slow pace

It does not matter whether the severe discomfort occurs at the time of their walk or later. What counts is that the discomfort is a direct result of their attempt to walk.

(iii) The exertion required to walk would constitute a danger to their life or would be likely to lead to a serious deterioration in their health.

The test here is whether the exertion required to walk would constitute a danger to their life or whether it would be likely to lead to a serious deterioration in their health.

They need to show that they should not walk very far because of the danger to their health.

This criterion is intended for people with serious chest, lung or heart conditions.

Some people with haemophilia may also qualify for the mandatory concession in this way.

The serious deterioration does not need to be permanent but it should require medical intervention for them to recover.

They will need to show that any danger to their health is a direct result of the physical effort required to walk.

People with epilepsy will need to show that any fits were brought about by the effort required to walk.

In all cases, entitlement depends on the applicant’s difficulty in walking and considerations, such as difficulty in carrying parcels, are not to be taken into account.

The fact that a walking aid is or is not used may be relevant to the eventual decision, but these alone should not determine whether or not a person qualifies. For example, if a person can walk relatively normally using an artificial leg, without experiencing severe discomfort during or as a result of walking, then they should not be considered eligible. Alternatively, a person who can only swing through on crutches could be considered eligible, as they would be seen as having considerable difficulty walking (provided it is due to a long-term disability and not due to legs being in plaster).

The department advises that the TCA should normally require medical evidence to support the claim that the applicant’s walking ability is long term and substantially impaired.

(e) does not have arms or has long-term loss of the use of both arms

This category includes people with a limb reduction deficiency of both arms – bilateral upper limb amputation, muscular dystrophy, spinal cord injury, motor neurone disease or a condition of comparable severity.

In our 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 we advise that the TCA should normally require independent medical evidence to support the application.

(f) 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 they may have, or have had, special educational provision.

In determining eligibility in a case where there has been no previous contact with specialist services, the TCA should normally require 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 local council.

(g) would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that 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 include people with:

a) epilepsy (unless it is of a type which does not pose a danger – see below)
b) severe mental disorder
c) liability to sudden attacks of giddiness or fainting (whether as a result of cardiac disorder or otherwise)
d) inability to read a registration plate in good light at 20.5 metres (with lenses if worn)
e) other disabilities which are likely to cause the driving of vehicles by them to be a source of danger to the public

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 2000 Act and are thus not entitled to the mandatory concession.

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). If, for people with any of the disabilities (b) to (d) listed above, the TCA can be confident that a licence would be refused it should therefore be able to issue the ENCTS pass automatically. For (a) epilepsy – the bar is not automatic and depends on the circumstances.

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2013 (SI 2013/258) permit the grant of a driving licence to a person with epilepsy if that person meets a number of conditions concerning the type and frequency of their seizures.

There are a number of categories of ‘severe mental disorder’ under which people may qualify. TCAs will need to assess individuals on a case-by-case basis as eligibility may depend on the severity of the condition. Such conditions include (but are not limited to) dementia (or any organic brain syndrome), behaviour disorders (including post head injury syndrome and non-epileptic seizure disorder) and personality disorders.

Other groups include:

1. People with restricted visual fields, 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.

2. People with insulin-dependent diabetes: 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.

The above list is not comprehensive. Any person with a cardiac, locomotor, renal or neurological disorder might qualify. Where there is doubt about whether someone would be refused a driving licence, the TCA is strongly advised to seek independent medical advice.

Rejected applications  

The relevant legislation does not allow for appeals to the UK Government. Equally there is no limit on the number of times an applicant may apply for a pass. However, applicants should supply additional information with subsequent applications.

The department recommends that any letter rejecting an application for an ENCTS pass:

• explains why the application has been turned down
• provides details of the TCA’s complaints procedure and the Local Government & Social Care Ombudsman

Evidence of entitlement to automatic eligibility

We recommend that applicants in receipt of Personal Independence Payment (PIP), with a score of at least 8 points on account of their inability to walk, or to communicate orally without support, should be automatically eligible for an ENCTS pass.

All recipients of PIP will be issued with an award letter by the Department for Work and Pensions (DWP), specifying the conclusions of their assessment, and the level of benefit awarded. In cases where such a letter is presented, and the TCA is unsure of its authenticity, we suggest that checks are undertaken to provide assurance. In exceptional circumstances such a check might include contacting the DWP to ensure that the name, address and qualifying descriptors indicated on an applicant’s PIP award letter are authentic and unaltered.

Identifying eligible PIP recipients

Applicants for PIP will be assessed against a number of activities, which consider their ability to carry out mobility and daily living activities. Award letters will include descriptors to explain to applicants the result of DWP’s assessment of each activity, and the corresponding number of points scored. You may accept such award letters as proof of automatic eligibility for the mandatory concession only where you believe them to be authentic and unaltered, and where at least one of the following descriptors is used.

Moving around activity: 

Descriptors indicating award of 8 points or more.

Descriptor C (8 points)

Can stand and then move unaided more than 20 metres but no more than 50 metres.

The legal definition of ‘unaided’ (as per Social Security (PIP) Regulations 2013) is ‘without the use of an aid or appliance or supervision, prompting or assistance’.

For example, this would include people who can stand and move more than 20 metres but no further than 50 metres, without needing to rely on an aid or appliance such as a walking stick or help from another person.

Descriptor D (10 points)

Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres.

Descriptor E (12 points)

Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided.

Descriptor F (12 points)

Cannot, either aided or unaided:

• stand, or
• move more than 1 metre

Communicating verbally activity

Descriptors indicating award of 8 points or more.

Descriptor D (8 points)

Needs communication support to be able to express or understand basic verbal information.

Communication support means support from another person trained or experienced in communicating with people with specific communication needs (for example, a sign language interpreter, or family member or carer with direct experience in communicating with the claimant), including interpreting verbal information into a non-verbal form and vice versa.

Claimants could still meet this descriptor even if they use aids, where those aids do not restore speech, hearing or understanding to an acceptable level.

Individuals who cannot express or understand verbal information and would need communication support to do so should receive the appropriate descriptor even if they do not have access to this support.

Descriptor E (12 points)

Cannot express or understand verbal information at all even with communication support.

A claimant who cannot either speak, hear or understand verbal communication even with communication support would score under this descriptor.

Further information on PIP assessment criteria can be found in the PIP assessment guide.

Identifying continuing DLA claims

Disability Living Allowance (DLA) has been replaced by PIP for most adults. Claimants can keep getting DLA, and may present evidence of existing DLA claims as proof of automatic entitlement to an ENCTS pass, if either:

• they are under 16
• they were born on or before 8 April 1948

TCAs who wish to confirm that a DLA claim is still active, and has not expired or been replaced by PIP, are recommended to request the applicant’s most recent DLA uprating letter.

Uprating letters are provided to DLA claimants on an annual basis to notify them of changes in the amount they are paid. They also confirm the relevant DLA components (Higher Rate Mobility Component) that the claimant is in receipt of. Details contained in the uprating letter may therefore be cross-referenced with the applicant’s original award letter.

Requesting uprating letters will ensure that a DLA claim was active during the past 12 months.

Alternatives to automatic eligibility

The threshold for an award of PIP with a score of at least eight points on account of the applicant’s ability to walk (the ‘Moving around’ activity), does not correspond exactly with that for the mandatory concession. Where an applicant is not found to be eligible on the grounds of their PIP award, or where PIP has not been applied for, they may still be found eligible through an assessment against the criteria recommended in the guidance. Recommended eligibility criteria for the mandatory concession have been maintained at the levels suggested in previous versions of this guidance document. TCAs may also wish to consider the degree to which evidence provided in applicants’ PIP award letters, where appropriate, support or detract from the conclusions of independent medical assessments.