(1)If the claimant F2. . . is a registered blind person for the whole or any part of the year of assessment, he shall be entitled to a deduction of [F3£1,280] from his total income.
[F4(1A)Section 257C (indexation) shall have effect (using the rounding up rule in subsection (1)(b) of that section) for the application of this section for the year 1998-99 and any subsequent year of assessment as it has effect for the application of sections 257 and 257A.]
(2)Where—
(a)a person entitled to relief under subsection (1) above is a married man whose wife is living with him for the whole of any part of the year of assessment, but
(b)the amount which he is entitled to deduct from his total income by virtue of that subsection exceeds what is left of his total income after all other deductions have been made from it,
his wife shall be entitled to a deduction from her total income of an amount equal to the excess.
(3)In determining for the purposes of subsection (2)(b) above the amount that is left of a person’s total income for a year of assessment after other deductions have been made from it, there shall be disregarded any deduction made—
(a)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)under F6. . . section 289 [F7 or
(c)on account of any payments to which section 593(2) or 639(3) applies,][F8or
(d)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] [F10F11 . . .
(e)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(4)Subsections (2) and (3) above shall have effect where a wife is entitled to relief under subsection (1) above as they have effect where the husband is entitled to that relief, but with the appropriate modifications F12. . ..
(5)Subsections (2) to (4) above shall not apply for a year of assessment unless the person entitled to relief under subsection (1) has given to the inspector written notice that they are to apply; and any such notice—
(a)shall be given [F13on or before the fifth anniversary of the 31st January next following] the end of the year of assessment to which it relates,
(b)shall be in such form as the Board may determine, and
(c)shall be irrevocable.
(6)A notice given under subsection (5) above in relation to a year of assessment by a husband shall have effect also as a notice under [F14section 257BB(2)].
(7)In this section “registered blind person” means a person registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 or, in the case of a person ordinarily resident in Scotland or Northern Ireland, a person who is a blind person within the meaning of section 64(1) of that Act].
Textual Amendments
F11988(F) s.35and Sch.3 para.8for 1990-91and subsequent years. Previously
“Relief for blind persons.265.—(1) Subject to subsection (3) below, if the claimant proves—(a) that he is a married man who for the year of assessment has his wife living with him, and that one of them was, and the other was not, a registered blind person for the whole or part of the year; or (b) that, not being such a married man, he was a registered blind person for the whole or part of the year, he shall be entitled to a deduction of £540 from his total income. (2) Subject to subsection (3) below, if the claimant proves—(a) that he is a married man who for the year of assessment has his wife living with him, and (b) that he was a registered blind person for the whole or part of the year and his wife was also a registered blind person for the whole or part of the year, he shall be entitled to a deduction of £1,080 from his total income. (3)Unless a claimant who is entitled to relief for the year of assessment under section 264in respect of the services of a son or daughter relinquishes his claim to that relief, he shall not be allowed relief under this section for that year (Repealed by 1988(F) ss.25(3), 148and Sch.14 Part IVfor 1988-89and subsequent years.). (4) In this section “registered blind person” means a person registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 or, in the case of a person ordinarily resident in Scotland or in Northern Ireland, a person who is a blind person within the meaning of section 64(1) of that Act.”.And see Table E Vol.1for previous years.
F2Words in s. 265(1) repealed (with effect as mentioned in s. 134(2) of the repealing Act) by Finance Act 1996, Sch. 20 para. 19, Sch. 41 Pt. 5(10), Note
F3Words in s. 265(1) substituted (with effect in accordance with s. 56(3) of the amending Act) by Finance Act 1997 (c. 16), s. 56(1)
F4S. 265(1A) inserted (19.3.1997) by Finance Act 1997 (c. 16), s. 56(2)
F5S. 265(3)(a) repealed (with effect in accordance with s. 81(6) of the repealing Act) by Finance Act 1994 (c. 9), Sch. 26 Pt. 5(2), Note
F6Words in s. 265(3)(b) repealed (with effect as mentioned in s. 77(7) of the repealing Act) by Finance Act 1994 (c. 9), Sch. 8 para. 10, Sch. 26 Pt. 5(1), Note
F71989 s.33(10).
F81989 s.57(4)
F9S. 265(3)(d) repealed (with effect as mentioned in Sch. 10 para. 3(2) of the repealing Act) by Finance Act 1994 (c. 9), Sch. 10 para. 3(1), Sch. 26 Pt. 5(3), Note 1
F10S. 265(3)(e) and ' ,or' preceding it inserted by Finance Act 1991 (c. 31, SIF 63:1), s. 33(4)
F11S. 265(3)(e) and preceding word repealed (with effect in accordance with s. 59(3)(b) of the repealing Act) by Finance Act 1999 (c. 16), s. 139, Sch. 20 Pt. 3(15), Note; S.I. 2000/2004, art. 2
F12Words in s. 265(4) repealed (16.7.1992 with application in relation to tax for the year 1993-94 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), ss. 20, 82, Sch. 5 paras. 8(3), 10, Sch. 18 Pt.VII.
F13Words in s. 265(5)(a) substituted (with effect as mentioned in s. 135(2) of the amending Act) by Finance Act 1996, Sch. 21 para. 6
F14Words in s. 265(6) substituted (16.7.1992 with application in relation to tax for the year 1993-94 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 20, Sch. 5 paras. 8(4), 10.
Modifications etc. (not altering text)
C1S. 265(1) amended (1999-00) by S.I. 1999/597, art. 2(5)
S. 265(1) amended (2000-01) by S.I. 2000/806, art. 2(5)
S. 265(1) amended (2001-02) by S.I. 2001/638, art. 2(3)
S. 265(1) amended (2002-03) by S.I. 2002/707, art. 2(4)
S. 265(1) amended (2003-04) by S.I. 2002/2930, art. 2(4)
S. 265(1) amended (2004-05) by S.I. 2003/3215, art. 2(4)
S. 265(1) amended (2005-06) by S.I. 2004/3161, art. 2(4)
S. 265(1) amended (2006-07) by S.I. 2005/3327, art. 2(5)
S. 265(1) amended (2007-08) by S.I. 2006/3241, art. 2(5)
S. 265(1) amended (2008-09) by S.I. 2008/673, art. 3
S. 265(1) amended (2009-10) by S.I. 2008/3024, art. 3
C2S. 265(5) modified (1990-91) by The Lloyd's Underwriters (Tax) (1990-91) Regulations 1993 (S.I. 1993/415), regs. 1, 9, Sch. 2