Statutory Instrument 1992 No. 503 (S.54)

The Personal Community Charge (Exemption for the Severely Mentally Impaired) (Scotland) Regulations 1992

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© Crown Copyright 1992

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1992 No. 503 (S.54)

COMMUNITY CHARGES, SCOTLAND

WATER SUPPLY, SCOTLAND

The Personal Community Charge (Exemption for the Severely Mentally Impaired) (Scotland) Regulations 1992

The Secretary of State, in exercise of the powers conferred on him by paragraph 4(4) of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987^[1] and that paragraph as read with paragraph 11 of Schedule 5 to that Act^[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Personal Community Charge (Exemption for the Severely Mentally Impaired) (Scotland) Regulations 1992 and shall come into force on 1st April 1992.

The severely mentally impaired
    2.    Sub-paragraph (2) of paragraph 4 of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987^[3] (conditions for the severely mentally impaired being exempt from liability for the personal community charge and the personal community water charge) shall be amended by adding, after condition (j), the following conditions:—
"(k) he is entitled to the care component of a disability living allowance under section 37ZB of the Social Security Act 1975^[4] 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^[5] for which the qualifying benefit is one falling within sub-paragraph (i), (ii) or (iii) of paragraph (a) of subsection (6B) of that section." .

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office
St. Andrew's House, Edinburgh

3rd March 1992

Under paragraph 4 of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (as read with paragraph 11 of Schedule 5 to that Act), a person who is severely mentally impaired and who holds a certificate of a registered medical practitioner to that effect is exempt from the personal community charge and the personal community water charge if one or more of the conditions mentioned in sub-paragraph (2) of that paragraph is satisfied. Those conditions were amended by article 4 of, and Schedule 1 to, the Personal Community Charge (Exemptions) (Scotland) Regulations 1989, and by article 3 of the Personal Com munity Charge (Exemption for the Severely Mentally Impaired) (Scotland) Regulations 1989.

These Regulations insert further conditions into paragraph 4(2) so that a person will qualify for exemption if he is entitled to the care component of a disability living allowance at the highest or middle rate, or if he is entitled to a disability working allowance (provided in the latter case that prior to this he was entitled to an invalidity pension or a severe disablement allowance).

[1] 1987 c. 47; Schedule 1A was inserted by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 35. back

[2] Paragraph 11 was amended by the Local Government Finance Act 1988, Schedule 12, paragraph 38. back

[3] Sub-paragraph (2) was amended by S.I. 1989/63 and 2234. back

[4] 1975 c. 14; section 37ZB was inserted by the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), section 1. back

[5] 1986 c. 50; section 20 was relevantly amended by the Disability Living Allowance and Disability Working Allowance Act 1991, section 6. back