Statutory Instrument 1992 No. 548

The Council Tax (Discount Disregards) Order 1992

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© Crown Copyright 1992

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1992 No. 548

COUNCIL TAX, ENGLAND AND WALES

The Council Tax (Discount Disregards) Order 1992

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 section 113 of and paragraphs 1, 2, 4, 5 and 7 of Schedule 1 to the Local Government Finance Act 1992^[1], and of all other powers enabling them in that behalf, hereby make the following Order—

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Council Tax (Discount Disregards) Order 1992 and shall come into force on 31st March 1992.

    (2)  For the purposes of this Order, "the Act" means the Local Government Finance Act 1992 and "prescribed educational establishment" means a body specified in Part I or Part II of Schedule 2 to this Order.

Persons in detention
    2.—(1)  Under paragraph 1(6) of Schedule 1 to the Act, a person is to 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 Army Act 1955^[2], the Air Force Act 1955^[3] or the Naval Discipline Act 1957^[4], and
 (b) the conditions prescribed in paragraph (2) below are fulfilled.

    (2)  The conditions prescribed for the purposes of paragraph 1(6) of Schedule 1 to the Act 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 impaired
    3.—(1)  The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below.

    (2)  The qualifying benefits for the purposes of paragraph (1) are—
 (a) an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992^[5];
 (b) an attendance allowance under section 64 of that Act;
 (c) a severe disablement allowance under section 68 of that Act;
 (d) the care component of a disability living allowance under section 71 of that Act, payable at the highest rate under section 72(4)(a) or at the middle rate under section 72(4)(b) of that Act;
 (e) an increase in the rate of his disablement pension under section 104 of that Act (increase where constant attendance needed);
 (f) a disability working allowance under section 129 of that Act for which the qualifying benefit is one falling within subsection (2)(a)(i) or (ii) of that section, or is a corresponding Northern Ireland benefit;
 (g) an unemployability supplement under Part I of Schedule 7 to that Act;
 (h) a constant attendance allowance under—
 (i) article 14 of the Personal Injuries (Civilians) Scheme 1983^[6]; 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);
 (i) an unemployability allowance under—
 (i) article 18(1) of the Personal Injuries (Civilians) Scheme 1983^[7], 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).

Students, etc.
    4.    For the purposes of paragraph 4 of Schedule 1 to the Act—
"apprentice" has the meaning given by paragraph 1 of Schedule 1 to this Order;


"student" means a person, other than a student nurse for the purposes of paragraph 4 of Schedule 1 to the Act who is to be regarded as—
 (a) a foreign language assistant, by paragraph 2 of Schedule 1 to this Order;
 (b) a person undertaking a full time course of education, by paragraphs 3 and 4 of that Schedule; or
 (c) a person undertaking a qualifying course of education, by paragraph 5 of that Schedule.


"student nurse" has the meaning given by paragraph 7 of Schedule 1 to this Order;


"youth training trainee" has the meaning given by paragraph 8 of Schedule 1 to this Order.

Prescribed Educational Establishments
    5.—(1)  For the purposes of paragraph 5 (2) of Schedule 1 to the Act the information prescribed to be contained in a certificate is—
 (a) the name and address of the prescribed educational establishment by whom the certificate is issued;
 (b) the full name of the person to whom it is issued;
 (c) his date of birth (where this is known to the establishment and where the person falls within paragraph (c) of the definition of student in article (4) above);
 (d) a statement certifying that he is following or has followed a course of education as a student or, as the case may be, a student nurse;
 (e) the date when the person became a student at the establishment and the date when his course has come or is expected to come to an end.

    (2)  For the purposes of paragraph 5(4) of Schedule 1 to the Act, the bodies prescribed for the definition of "institution" are those defined as prescribed educational establishments, in the case of students, in Part I of Schedule 2 to this Order, and in the case of student nurses, in Part II of that Schedule.

Patients in homes
    6.—(1)  For the purposes of paragraph 7 of Schedule 1 to the Act, "hostel" means—
 (a) a bail hostel or probation hostel approved under section 49(1) of the Powers of Criminal Courts Act 1973^[8], or
 (b) a building or part of a building—
 (i) which is solely or mainly used for the provision of residential accommoda tion 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 that paragraph.

    (2)  For the definition of residential care home in paragraph 7 of Schedule 1 to the Act, there is substituted the following definition—

"residential care home" means—
 (a) an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984^[9] or would be so required but for section 1(4) or (5)( j) of that Act;
 (b) a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948^[10]; or
 (c) a building or part of a building in which residential accommodation is provided and which is run by the Abbeyfield Society, or a body corporate or unincorporate which is affiliated to that Society

Michael Heseltine

Secretary of State for the Environment

9th March 1992

David Hunt

Secretary of State for Wales

9th March 1992

[1] 1992 c. 14. back

[2] 1955 c. 18. back

[3] 1955 c. 19. back

[4] 1957 c. 53. back

[5] 1992 c. 4. back

[6] S.I. 1983/686 to which there are amendments not relevant to this Order. back

[7] S.I. 1983/833 to which there are amendments not relevant to this Order. back

[8] 1973 c. 62; section 49(1) was amended by the Criminal Law Act 1977 (c. 45), Schedule 12, paragraph 6, and Schedule 13. back

[9] 1984 c. 23. back

[10] 1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2(1), the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44, and Schedule 5, the Housing (Homeless Persons) Act 1977 (c. 48), the Schedule, the Health Services Act 1980 (c. 53), Schedule 1, paragraph 5. back

Explanatory Note