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The Personal Community Charge (Exemptions) Order 1989

S.I. 1989/442 · Made 12 March 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COMMUNITY CHARGES, ENGLAND AND WALES

Made 12th March 1989

Laid before Parliament 17th March 1989

Coming into force 7th April 1989

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 1988f1, and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 41.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Persons in detention
  3. 3The severely mentally impaired
  4. 4Patients in homes
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(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.

2Persons in detention

(1)

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

(a)

at any time on the day he is imprisoned, detained or in custody under the Army Act 1955f1, the Air Force Act 1955f2 or the Naval Discipline Act 1957f3, and

(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.

3The severely mentally impaired

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 1975f1;

(e)

he is entitled for the day to an unemployability supplement under section 58 of the Social Security Act 1975f2;

(f)

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

(i)

article 18(1) of the Personal Injuries (Civilians) Scheme 1983f3, or

(ii)

article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983f4 (including that provision as applied, whether with or without modifications, by any other instrument).”.

4Patients in homes

(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 1973f1, 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 1984f2, 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)

a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948f3 or paragraph 2(1)(a) of Schedule 8 to the National Health Service Act 1977f4; or

(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.

Signature

Nicholas Ridley

Secretary of State for the Environment

9th March 1989

Peter Walker

Secretary of State for Wales

12th March 1989

Explanatory note

(This note is not part of the Order)

Schedule 1 to the Local Government Finance Act 1988 provides for certain exemptions from personal community charges arising under the Act. This Order makes further provision in relation to those exemptions.

Article 2 provides that a person is exempt on a day if at any time on the day he is imprisoned, detained or in custody under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, provided that, in the case of a person in custody under arrest, the arrest subsists for a period exceeding 48 hours and he is not under open arrest.

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 if one or more of the conditions mentioned in paragraph 4(2) of Schedule 1 to the Act is satisfied. Article 3 widens this exemption by adding to the conditions specified in that paragraph.

Paragraph 9 of Schedule 1 to the Act provides for certain patients in homes to be exempt. Amongst these are individuals having their sole or main residence in a hostel or residential care home. Article 4 defines “hostel” for this purpose, and also substitutes a new definition of residential care home so as to include residential accommodation run by the Abbeyfield Society and affiliated bodies.