Stephen and Wendy Meek from Lanark have been campaigning since 2005 for a change in the law since the birth of their severely disabled son Justin, who cannot walk and is oxygen-dependent.
The couple argued in court that the Department of Work and Pensions regulations, which state that children under three are not entitled to the mobility component of Disability Living Allowance, contravened their son's human rights.
But this was rejected by Judge Lord Brodie at the Court of Session in Edinburgh.
In Justin's first year the Meeks had to spend £500 a month to use a disabled taxi service to make more than 150 visits to hospital.
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