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(1)An individual who makes a claim is entitled to a blind person's allowance of [F1£2,290] for a tax year if the individual—
(a)meets the first or second condition for the whole or part of the tax year, and
(b)meets the requirements of section 56 (residence etc).
(2)The first condition is that the individual is[F2—
(a)registered as a severely sight-impaired adult in a register kept under section 77(1) of the Care Act 2014 (registers kept by local authorities in England), or
(b)]registered as a blind person in a register kept under section 29 of the National Assistance Act 1948 (c. 29) (registers kept by local authorities in F3... Wales).
(3)The second condition is that—
(a)the individual is ordinarily resident in Scotland or Northern Ireland, and
(b)because of the individual's blindness, the individual is unable to do any work for which eyesight is essential.
(4)If an individual who is entitled to a blind person's allowance for a particular tax year—
(a)became registered as a blind person in a register kept under section 29 of the National Assistance Act 1948 [F4or as a severely sight-impaired person in a register kept under section 77(1) of the Care Act 2014] in the tax year, but
(b)obtained the evidence of blindness [F5or of severe sight-impairment] on the basis of which the registration was made in the preceding tax year,
the individual is treated as having met the first condition for the whole of the preceding tax year.
Textual Amendments
F1Sum in s. 38(1) substituted (26.3.2015) by Finance Act 2015 (c. 11), s. 2(1)(b)
F2S. 38(2)(a) and word inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 88(2) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))
F3Words in s. 38(2) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 88(3) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))
F4Words in s. 38(4)(a) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 88(4)(a) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))
F5Words in s. 38(4)(b) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 88(4)(b) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))
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