Statutory Instrument 1994 No. 543

The Council Tax (Discount Disregards) (Amendment) Order 1994

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© Crown Copyright 1994

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1994 No. 543

COUNCIL TAX, ENGLAND AND WALES

The Council Tax (Discount Disregards) (Amendment) Order 1994

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 113 of, and paragraphs 2 and 4 of Schedule 1 to, the Local Government Finance Act 1992^[1], and of all other powers enabling them in that behalf, hereby make the following Order:

    1.    This Order may be cited as the Council Tax (Discount Disregards) (Amendment) Order 1994 and shall come into force on 1st April 1994.

    2.    The Council Tax (Discount Disregards) Order 1992^[2] shall be amended—
 (a) in article 3 (the severely mentally impaired), by the addition, at the end of paragraph (2), of the following sub-paragraph—
"(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." ;

^[3]
 (b) in article 4 (students, etc.), in the definition of "student", by the deletion of the words from "other" to "Act"; and
 (c) in Schedule 1 (definition of students, etc.), in paragraph 7(1), by the substitution of "or 8" for "8, 10 or 11".

Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State,
Department of the Environment

23rd February 1994

John Redwood

Secretary of State for Wales

2nd March 1994

The amount of council tax payable under Part I of the Local Government Finance Act 1992 may be reduced where a person resident in a dwelling falls to be disregarded for the purposes of discount. Schedule 1 to the 1992 Act provides for classes of persons to qualify for the purposes of discount, and the Council Tax (Discount Disregards) Order 1992 ("the 1992 Order") makes further provision in relation to certain of those classes.

This Order amends article 3 of the 1992 Order (the severely mentally impaired) so that a person may also qualify if he is entitled to income support which includes a disability premium on grounds which include his incapacity for work.

The definition of "student" in article 4 of the 1992 Order (students, etc.) is amended so that the exclusion of a student nurse in full-time education is removed. The definition also applies for the purposes of certain classes of exemption in the Council Tax (Exempt Dwellings) Order 1992 (S. I.1992/558). The amendment has the effect of extending to students undertaking a nursing course at a university the exemptions in the latter Order for unoccupied dwellings owned by a student or occupied by students during term-time.

Paragraph 7(1) of the Schedule to the 1992 Order (definition of student nurses) is amended to exclude a person undertaking a midwifery or health visitors' course. Such a person falls within the definition of a student.

[1] 1992 c. 14. back

[2] S.I. 1992/548. back

[3] The Income Support (General) Regulations (S.I. 1987/1967); paragraph 12(1)(b) of Schedule 2 was substituted by regulation 17(a) of S.I. 1988/2022. back