1989 No. 442
The Personal Community Charge (Exemptions) Order 1989
Made
Laid before Parliament
Coming into force
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 sections 143(1) and 146(6) of, and paragraphs 1(7), 4(4) and 9(4) and (6) of Schedule 1 to, the Local Government Finance Act 19881, and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Personal Community Charge (Exemptions) Order 1989 and shall come into force on 7th April 1989.
2
In this Order “the Act” means the Local Government Finance Act 1988.
Persons in detention2
1
A person is an exempt individual on a particular day if–
a
b
the conditions mentioned in paragraph (2) below are fulfilled with respect to the time where they are applicable.
2
The conditions are that, where the person is in custody under arrest–
a
he is not in custody under open arrest; and
b
the custody forms part of a continuous period exceeding 48 hours during which he is under arrest.
3
A person is to be treated as in custody under open arrest for the purposes of paragraph (2)(a) if he is so treated for the purposes of Queen’s Regulations for the Navy, Army or Air Force.
The severely mentally impaired3
Paragraph 4(2) of Schedule 1 to the Act is amended by adding after paragraph (c)–
d
he is entitled for the day to an invalidity pension under section 15 or 16 of the Social Security Pensions Act 19755;
e
he is entitled for the day to an unemployability supplement under section 58 of the Social Security Act 19756;
f
he is entitled for the day to an unemployability allowance under—
i
article 18(1) of the Personal Injuries (Civilians) Scheme 19837, or
ii
article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 19838 (including that provision as applied, whether with or without modifications, by any other instrument).
Patients in homes4
1
The definition of hostel set out in paragraph (2) below is prescribed under paragraph 9(4) of Schedule 1 to the Act.
2
A hostel is–
a
a bail hostel or probation hostel approved under section 49(1) of the Powers of Criminal Courts Act 19739, or
b
a building or part of a building–
i
which is solely or mainly used for the provision of residential accommodation in other than separate and self-contained sets of premises, together with personal care, for persons who require such personal care by reason of old age, disablement, past or present alcohol or drug dependence or past or present mental disorder, and
ii
which is not a residential care home, nursing home or mental nursing home for the purposes of paragraph 9 of Schedule 1 to the Act.
3
In paragraph (2)(b) “disablement” means a disablement within the meaning of Part I of the Registered Homes Act 198410, and “personal care” has the same meaning as in that Part.
4
The definition of residential care home set out in paragraph (5) below is substituted for that set out in paragraph 9(2) of Schedule 1 to the Act.
5
A residential care home is–
a
an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) or (5)(j) of that Act;
b
c
a building or part of a building in which residential accommodation is provided and which is run by the Abbeyfield Society, including all bodies corporate or unincorporate which are affiliated to that Society.
(This note is not part of the Order)