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SCHEDULES

Sections 11(5) and 79(5).

SCHEDULE 1E+W+S Persons Disregarded for Purposes of Discount

Persons in detentionE+W+S

1(1)A person shall be disregarded for the purposes of discount on a particular day if on the day—E+W+S

(a)he is detained in a prison, a hospital or any other place by virtue of an order of a court to which sub-paragraph (2) below applies;

(b)he is detained under paragraph 2 of Schedule 3 to the M1Immigration Act 1971 (deportation);

(c)he is detained under Part II or section 46, 47, 48 or 136 of the M2Mental Health Act 1983; or

(d)he is detained under [F1Parts 5, 6 and 7 or sections 136 or 297 of the Mental Health (Care and Treatment)(Scotland) Act 2003 or sections 52D or 52M or the Criminal Procedure (Scotland) Act 1995;]

(2)This sub-paragraph applies to the following courts—

(a)a court in the United Kingdom; and

(b)a Standing Civilian Court established under the M3Armed Forces Act 1976.

(3)If a person—

(a)is temporarily discharged under section 28 of the M4Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; or

(b)is temporarily discharged under section 27 of the M5Prisons (Scotland) Act 1989, or temporarily released under rules under section 39(6) of that Act,

for the purposes of sub-paragraph (1) above he shall be treated as detained.

(4)Sub-paragraph (1) above does not apply where the person—

(a)is detained under regulations made under paragraph 8 of Schedule 4 to this Act;

(b)is detained under section 76 of the M6Magistrates’ Courts Act 1980, or [F2section 108 of the Powers of Criminal Courts (Sentencing) Act 2000], for default in payment of a fine; or

(c)is detained only under section 407 of the M7Criminal Procedure (Scotland) Act 1975.

(5)In sub-paragraph (1) above “order” includes a sentence, direction, warrant or other means of giving effect to the decision of the court concerned.

(6)The Secretary of State may by order provide that a person shall be disregarded for the purposes of discount on a particular day if—

(a)on the day he is imprisoned, detained or in custody under the M8Army Act 1955, the M9Air Force Act 1955 or the M10Naval Discipline Act 1957; and

(b)such conditions as may be prescribed by the order are fulfilled.

The severely mentally impairedE+W+S

2(1)A person shall be disregarded for the purposes of discount on a particular day if—E+W+S

(a)on the day he is severely mentally impaired;

(b)as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and

(c)as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.

(2)For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

Persons in respect of whom child benefit is payableE+W+S

3(1)A person shall be disregarded for the purposes of discount on a particular day if on the day he—E+W+S

(a)has attained the age of 18 years; but

(b)is a person in respect of whom another person is entitled to child benefit, or would be so entitled but for paragraph 1(c) of Schedule 9 to the M11Social Security Contributions and Benefits Act 1992.

(2)The Secretary of State may by order substitute another provision for sub-paragraph (1)(b) above as for the time being effective for the purposes of this paragraph.

Annotations:

Marginal Citations

Students etc.E+W+S

4(1)A person shall be disregarded for the purposes of discount on a particular day if—E+W+S

(a)on the day he is a student, student nurse, apprentice or youth training trainee; and

(b)such conditions as may be prescribed by order made by the Secretary of State are fulfilled.

(2)In this paragraph “apprentice”, “student”, “student nurse” and “youth training trainee” have the meanings for the time being assigned to them by order made by the Secretary of State.

5(1)An institution shall, on request, supply a certificate under this paragraph to any person who is following or, subject to sub-paragraph (3) below, has followed a course of education at that institution as a student or student nurse.E+W+S

(2)A certificate under this paragraph shall contain such information about the person to whom it refers as may be prescribed by order made by the Secretary of State.

(3)An institution may refuse to comply with a request made more than one year after the person making it has ceased to follow a course of education at that institution.

(4)In this paragraph—

Hospital patientsE+W+S

6(1)A person shall be disregarded for the purposes of discount on a particular day if on the day he is a patient who has his sole or main residence in a hospital.E+W+S

(2)In this paragraph “hospital” means—

(a)a health service hospital within the meaning of the M12[F3National Health Service Act 2006, the National Health Service (Wales) Act 2006] or section 108(1) (interpretation) of the M13National Health Service (Scotland) Act 1978; and

(b)a military, air-force or naval unit or establishment at or in which medical or surgical treatment is provided for persons subject to military law, air-force law or the M14Naval Discipline Act 1957.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

Patients in homes in England and WalesE+W+S

7(1)A person shall be disregarded for the purposes of discount on a particular day if on the day—E+W+S

(a)he has his sole or main residence in a [F4care home, independent hospital] or hostel in England and Wales; and

(b)he is receiving care or treatment (or both) in the home [F5, hospital] or hostel.

[F6(2)In this paragraph—

(3)The Secretary of State may by order substitute another definition for any definition of [F7“care home” or “independent hospital”]for the time being effective for the purposes of this paragraph.

Annotations:

Amendments (Textual)

F4Words in Sch. 1 para. 7(1)(a) substituted (1.4.2002 for E.W. and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(a); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)

F5Word in Sch. 1 para. 7(1)(b) inserted (1.4.2002 for E.W. and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(b); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)

F6Sch. 1 para. 7(2) substituted (1.4.2002 for E.W. and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(c); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)

F7Words in Sch. 1 para. 7(3) substituted (1.4.2002 for E.W. and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(d); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)

Marginal Citations

Patients in homes in ScotlandE+W+S

8(1)A person shall be disregarded for the purposes of discount on a particular day if on the day—E+W+S

[F8(a)either—

(i)he has as his sole or main residence a private hospital in Scotland; or

(ii)a care home service provides, in Scotland, accommodation which is his sole or main residence; and

(b)he is receiving care or treatment (or both) in the hospital or in the accommodation so provided.]

(2)In this paragraph—

[F14(3)In the definition of “residential care home” in sub-paragraph (2) above—

(4)The Secretary of State may by order substitute another definition for any definition of [F15“nursing home”], “private hospital” or [F16“care home service”] for the time being effective for the purposes of this paragraph.

Annotations:

Amendments (Textual)

F9In Sch. 1 para. 8(2) definition of "care home service" inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(ii); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F10In Sch. 1 para. 8(2) definition of "hostel" repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F11In Sch. 1 para. 8(2) definition of "nursing home" repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F13In Sch. 1 para. 8(2) definition of "residential care home" repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F15Words in Sch. 1 para. 8(4) repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(d)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F16Words in Sch. 1 para. 8(4) substituted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(d)(ii); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

Marginal Citations

Care workersE+W+S

9(1)A person shall be disregarded for the purposes of discount on a particular day if—E+W+S

(a)on the day he is engaged in providing care or support (or both) to another person or other persons; and

(b)such conditions as may be prescribed are fulfilled.

(2)Without prejudice to the generality of sub-paragraph (1)(b) above the conditions may—

(a)require the care or support (or both) to be provided on behalf of a charity or a person fulfilling some other description;

(b)relate to the period for which the person is engaged in providing care or support (or both);

(c)require his income for a prescribed period (which contains the day concerned) not to exceed a prescribed amount;

(d)require his capital not to exceed a prescribed amount;

(e)require him to be resident in prescribed premises;

(f)require him not to exceed a prescribed age;

(g)require the other person or persons to fulfil a prescribed description (whether relating to age, disablement or otherwise).

Residents of certain dwellingsE+W+S

10(1)A person shall be disregarded for the purposes of discount on a particular day if on the day he has his sole or main residence in a dwelling to which sub-paragraph (2) below applies.E+W+S

(2)This sub-paragraph applies to any dwelling if—

(a)it is for the time being providing residential accommodation, whether as a hostel or night shelter or otherwise; and

(b)the accommodation is predominantly provided—

(i)otherwise than in separate and self-contained sets of premises;

(ii)for persons of no fixed abode and no settled way of life; and

(iii)under licences to occupy which do not constitute tenancies.

Persons of other descriptionsE+W+S

11A person shall be disregarded for the purposes of discount on a particular day if—

(a)on the day he falls within such description as may be prescribed; and

(b)such conditions as may be prescribed are fulfilled.