The Personal Community Charge (Exemption for the Severely Mentally Impaired) Order 1990

• Citation: S.I. 1990/462
• Sections: 2

Section 1 Citation and commencement

This Order may be cited as the Personal Community Charge (Exemption for the Severely Mentally Impaired) Order 1990 and shall come into force on 1st April 1990.

Section 2 The severely mentally impaired

(1) Paragraph 4(2) of Schedule 1 to the Local Government Finance Act 1988 is amended—

(a) by deleting paragraph (c);

(b) by adding after paragraph (f)—

(g) he is entitled for the day to an attendance allowance under section 35 of the Social Security Act 1975 ;

(h) he would be entitled for the day to such an allowance but for the prescribed conditions as to residence or presence in Great Britain mentioned in subsection (1) of that section , or the requirement for a claim under subsection (4) of that section, or both of those matters;

(i) he is entitled for the day to an increase in the rate of his disablement pension under section 61 of that Act (increase where constant attendance needed);

(j) he is entitled for the day 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, whether with or without modifications, by any other instrument).

(2) For paragraph 4(3) of Schedule 1 to the Local Government Finance Act 1988 there is substituted—

(3) A person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.