The Council Tax (Discount Disregards) Order 1992

The severely mentally impaired E+W

3.—(1) The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below [F1 or meets the requirements in [F2 paragraph (3) or (4) below].]

(2) The qualifying benefits for the purposes of paragraph (1) are—

[F3 (a) an incapacity benefit under section 30A of the Social Security (Contributions and Benefits) Act 1992;]

(b) an attendance allowance under section 64 of that Act;

(c) a severe disablement allowance under section 68 of that Act;

(d) the care component of a disability living allowance under section 71 of that Act, payable at the highest rate under section 72(4)(a) or at the middle rate under section 72(4)(b) of that Act;

(e) an increase in the rate of his disablement pension under section 104 of that Act (increase where constant attendance needed);

[F4 (f) a disability working allowance under section 129 of that Act, where the qualifying benefit is—

(i) one falling within subsection (2)(a)(i) or (ii) of that section, or

(ii) income support, and the applicable amount formerly payable included a disability premium within the description in sub-paragraph (j) below,

or is a corresponding Northern Ireland benefit;]

(g) an unemployability supplement under Part I of Schedule 7 to that Act;

(h) a constant attendance allowance under—

(i) article 14 of the Personal Injuries (Civilians) Scheme 1983 M1 ; or

(ii) article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 M2 (including that provision as applied, whether with or without modifications, by any other instrument);

(i) an unemployability allowance under—

(i) article 18(1) of the Personal Injuries (Civilians) Scheme 1983, or

(ii) article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument);

[F5 (j) income support where the applicable amount includes a disability premium in respect of which the additional condition in paragraph 12(1)(b) of Schedule 2 to the Income Support (General) Regulations 1987 is satisfied];

[F6 (k) incapacity benefit under sections 40 and 41 of the Social Security Contribution and Benefits Act 1992[F7 ;]]

[F8 (l) the standard or enhanced rate of the daily living component of personal independence payment under section 78(3) of the Welfare Reform Act 2012;]

[F9 (m) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011];

[F10 (n) universal credit under Part 1 of the Welfare Reform Act the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that the person in question has limited capability for work or limited capability for work and work-related activity or would include such an amount but for regulation 27(4) or 29(4) of those Regulations].

[F11 (3) The requirements in this paragraph are—

(a) that the person in question has reached pensionable age as defined for the purposes of Parts I to VI of the Social Security Contributions and Benefits Act 1992, and

(b) that had he not reached pensionable age he would have been entitled to one of the benefits listed in paragraph (2) above.]

[F12 (4) The requirements of this paragraph are that—

(a) the person in question is a person whose partner is in receipt of jobseeker’s allowance, and

(b) by virtue of that person’s incapacity for work the applicable amount for the purposes of regulation 83 or 84 of the Jobseeker’s Allowance Regulations 1996 includes a premium which falls to be determined under paragraph (d) or (g) of paragraph 14(1) of Schedule 1 to those Regulations.]

Textual Amendments

F1 Words in art. 3(1) inserted (1.4.1996) by The Council Tax (Discount Disregards) Amendment Order 1996 (S.I. 1996/636), arts. 1, 2(2)

F2 Words in art. 3(1) substituted (8.1.1997) by The Council Tax (Discount Disregards) (Amendment) (No. 2) Order 1996 (S.I. 1996/3143), arts. 1, 2(2)

F3 Art. 3(2)(a) substituted (13.4.1995) by The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) Order 1995 (S.I. 1995/619), arts. 1(2), 2

F4 Art. 3(2)(f) substituted (1.4.1997) by The Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) Amendment Order 1997 (S.I. 1997/656), arts. 1(2), 4

F5 Art. 3(2)(j) added (1.4.1994) by The Council Tax (Discount Disregards) (Amendment) Order 1994 (S.I. 1994/543), arts. 1, 2(a)

F6 Art. 3(2)(k) inserted (1.4.1996) by The Council Tax (Discount Disregards) Amendment Order 1996 (S.I. 1996/636), arts. 1, 2(4)

F7 Semi-colon in art. 3(2)(k) substituted for full stop (W.) (8.4.2013) by The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2013 (S.I. 2013/638), arts. 1(2), 2(a)

F8 Art. 3(2)(l) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 12 and (W.) by The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2013 (S.I. 2013/638), arts. 1(2), 2(b)

F9 Art. 3(2)(m) inserted (E.) (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 5(2); and corresponding amendment (but inserted as art. 3(2)(n)) made (W.) (24.5.2013) by The Council Tax (Discount Disregards) (Amendment No. 2) (Wales) Order 2013 (S.I. 2013/1048), arts. 1(1), 2

F10 Art. 3(2)(n) inserted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 55; and corresponding amendment (but inserted as art. 3(2)(m)) made (W.) (29.4.2013) by The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2013 (S.I. 2013/638), arts. 1(3), 2(c)

F11 Art. 3(3) inserted (1.4.1996) by The Council Tax (Discount Disregards) Amendment Order 1996 (S.I. 1996/636), arts. 1, 2(3)

F12 Art. 3(4) inserted (8.1.1997) by The Council Tax (Discount Disregards) (Amendment) (No. 2) Order 1996 (S.I. 1996/3143), arts. 1, 2(3)

Marginal Citations

M1 S.I. 1983/686 to which there are amendments not relevant to this Order.

M2 S.I. 1983/833 to which there are amendments not relevant to this Order.