Paragraph 4

England and Wales

(1)

A person is an exempt individual on a particular day if—

(a)

as regards the day he fulfils one or more of the conditions mentioned in sub-paragraph (2) below,

(b)

at any time on the day he is severely mentally impaired, and

(c)

he is stated to be severely mentally impaired at that time in a certificate of a registered medical practitioner.

(2)

The conditions are that—

(a)

he is entitled for the day to an invalidity pension under section 15 of the M1Social Security Act 1975;

(b)

he is entitled for the day to a severe disablement allowance under section 36 of that Act;

(c)

. . . F1

F2(d)

he is entitled for the day to an invalidity pension under section 15 or 16 of the M2Social Security Pensions Act 1975;

(e)

he is entitled for the day to an unemployability supplement under section 58 of the Social Security Act 1975;

(f)

he is entitled for the day to an unemployability allowance under—

(i)

article 18(1) of the Personal Injuries (Civilians) Scheme 1983, 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).

F3(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).

F4(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.

(4)

The Secretary of State may by order amend sub-paragraph (2) above as it has effect for the time being (whether by adding, deleting or amending conditions, or by any combination of those methods).

(5)

The Secretary of State may by order substitute another definition for the definition of severe mental impairment for the time being effective for the purposes of this paragraph.

Annotations

Textual amendments

F1: Sch. 1 para. 4(2)(c) repealed by S.I. 1990/462, art. 2(1)(a)
F2: Sch. 1 para. 4(2)(d)–(f) added by S.I. 1989/442, art. 3
F3: Sch. 1 para. 4(2)(g)–(j) added by S.I. 1990/462, art. 2(1)(b)
F4: Sch. 1 para. 4(3) substituted by S.I. 1990/462, art. 2(2)

Marginal citations

M1: 1975 c. 14.(113:1).
M2: 1975 c. 60(113:1).

Notes on Schedule 1

Textual amendments

F1: Sch. 1 repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)-(4)); Sch. 1 further amended: (6.3.1992) by 1992 c. 14, s. 101(1) (with s. 118(1)(2)(4)); (1.4.1992) by S.I. 1992/494, art. 2(a)(b); (1.7.1992) by 1992 c. 6, s. 4, Sch. 2 para. 98.