Abolition of Domestic Rates Etc. (Scotland) Act 1987

[F1 4 (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

[F4 [F2 (e)he is entitled to unemployability supplement under Part I of Schedule 7 to that Act;]

(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).]

[F5 [F6 (g) he is entitled to an attendance allowance under section 64 of the Social Security Contributions and Benefits Act 1992;

(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.]]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 1A inserted by Local Government Finance Act 1988 (c. 41, SIF 81:1; 103:2), s. 137, Sch. 12 para. 35

F2 Sch. 1A para. 4(2)(a)(b)(e) substituted for para. 4(2)(a)(b)(d)(e) (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 88(a).

F3 Sch. 1A para. 4(2)(c) repealed by S.I. 1989/2234, reg. 3(a)

F4 Sch. 1A para. 4(2)(d)–(f) added by S.I. 1989/63 reg. 4, Sch. 1 (and full stop at the end of para. (c) deleted by S.I. 1988/1541, reg. 3)

F5 Sch. 1A para. 4(2)(g)–(j) added by S.I. 1989/2234, reg. 3(b)

F6 Sch. 1A para. 4(2)(g)(h) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 88(b).

F7 Sch. 1A para. 4(2)(k)(l) inserted (1.4.1992) BY S.I. 1992/503, reg.2.

F8 1975 c.14; section 37ZB was inserted by the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21), section 1.

F9 1986 c.50; section 20 was relevantly amended by the Disability Living Allowance and Disability Working Allowance Act 1991, section 6.

F10 Sch. 1A para. 4(3) substituted by S.I. 1989/2234, regs. 4, 5

F11 Sch. 1A para. 4(6)–(8) added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 145, Sch. 6 para. 12

Modifications etc. (not altering text)

C1 Sch. 1A para. 4 modified by S.I. 1989/2234, reg. 6