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[F14(1)A person is exempt if—S
(a)he fulfils one or more of the conditions mentioned in sub-paragraph (2) below;
(b)he is severely mentally impaired; and
(c)he is stated to be severely mentally impaired in a certificate of a registered medical practitioner.
(2)The conditions are that—
[F2(a) he is entitled to an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992;
(b)he is entitled to a severe disablement allowance under section 68 of that Act;]
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(f)he is entitled to 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).]
(h)he is entitled to an increase of the weekly rate of his disablement pension under section 104 of that Act;]
(i)he is entitled to a constant attendance allowance under—
(i)article 14 of the Personal Injuries (Civilians) Scheme 1983; or
(ii)article 14 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, with or without modifications, by any other instrument);
(j)he was, immediately before the coming into force of the Personal Community Charge (Exemption for the Severely Mentally Impaired) (Scotland) Regulations 1989, exempt from liability to pay the personal community charge and the personal community water charge under this paragraph.]
[F7(k)he is entitled to the care component of a disability living allowance under section 37ZB of the Social Security Act 1975 F8 payable to him at the highest rate under subsection (4)(a) of that section or at the middle rate under subsection (4)(b) of that section;
(l)he is entitled to a disability working allowance under section 20 of the Social Security Act 1986 F9 for which the qualifying benefit is one falling within sub-paragraph (i), (ii) or (iii) of paragraph (a) of subsection (6B) of that section.]
[F10(3)A person is severely mentally impaired if he has severe impairment of his intelligence and social functioning from whatever cause which appears to be permanent.]
(4)The Secretary of State may by regulations amend sub-paragraph (2) above as it has effect for the time being (whether by adding, deleting or amending conditions, or by any combination of those methods).
(5)The Secretary of State may by regulations substitute another definition for the definition of severe mental impairment for the time being effective for the purpose of this paragraph.
[F11(6)Regulations under sub-paragraph (5) above may provide that, in the circumstances set out in the regulations, a certificate given for the purposes of sub-paragraph (1)(c) above shall continue to have effect for the purposes of this paragraph notwithstanding that the definition of severe mental impairment upon which the certificate proceeds has been substituted by the regulations.
(7)Regulations under sub-paragraph (5) above made in respect of the financial year 1989–90 may provide that a person—
(a)who was not within the old definition of severely mentally impaired but who, being within the new definition of that expression, is exempt; and
(b)in respect of whom such conditions as are prescribed are fulfilled
may be treated as having been exempt as from such date prior to the coming into force of the regulations as may be provided for in the regulations.
(8)In sub-paragraph (7) above, the “old” definition is the definition in force immediately before the coming into force of regulations under sub-paragraph (5) above and the “new” definition is the definition being substituted for the old definition by regulations under that sub-paragraph.]]
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