The Personal Community Charge (Exemption for the Severely Mentally Impaired) Order 1990

The severely mentally impaired

2.—(1) Paragraph 4(2) of Schedule 1 to the Local Government Finance Act 1988(1) is amended—

(a) by deleting paragraph (c);

(b) by adding after paragraph (f)—

“(g) he is entitled for the day to an attendance allowance under section 35 of the Social Security Act 1975(2);

(h) he would be entitled for the day to such an allowance but for the prescribed conditions as to residence or presence in Great Britain mentioned in subsection (1) of that section(3), or the requirement for a claim under subsection (4) of that section, or both of those matters;

(i) he is entitled for the day to an increase in the rate of his disablement pension under section 61 of that Act(4) (increase where constant attendance needed);

(j) he is entitled for the day to a constant attendance allowance under—

(i) article 14 of the Personal Injuries (Civilians) Scheme 1983(5); or

(ii) article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(6) (including that provision as applied, whether with or without modifications, by any other instrument).”.

(2) For paragraph 4(3) of Schedule 1 to the Local Government Finance Act 1988 there is substituted—

“(3) A person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.”.

(1)

Paragraph 4(2) was amended by S.I. 1989/442, article 3.

(2)

1975 c. 14; section 35 was amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 63, the Social Security Act 1979 (c. 18), section 2, the Social Security Act 1980 (c. 30), Schedule 1, paragraph 8, the Social Security Act 1988 (c. 7), section 1, and the Social Security Act 1989 (c. 24), Schedule 8, paragraph 5.

(3)

As to the prescribed conditions, see regulation 2 of S.I. 1975/598, amended by S.I. 1977/342 and 1679 and 1979/1684.

(4)

Section 61 was amended by the Social Security Act 1986 (c. 50), Schedule 3, paragraph 6.

(5)

S.I. 1983/686.

(6)

S.I. 1983/883; article 14 is applied by S.R. & O. 1944/500; S.I. 1964/1985, 2007 and 2058, the Royal Warrant of 21 December 1964 (1964 III p. 5646; Cmnd 2563), the Order by Her Majesty of 22 December 1964 (1964 III p. 5675; Cmnd 2564), and the Order by Her Majesty of 4 January 1971 (Cmnd 4567).