“Severe mental impairment”的意思、由来-开放百科全书

词条

Severe mental impairment

释义

References

Severe mental impairment is a term used in the law of the United Kingdom to define intellectual disability for various purposes.

The Mental Health Act 1983 used the term for the purpose of authorizing detention in hospital or guardianship.

The Council Tax legislation established by the Local Government Finance Act 1992 provided, essentially, that people who were severely mentally impaired were disregarded for the purposes of the tax. To qualify a person has to be medically certified as having a permanent condition that affects their intelligence and social functioning and be eligible for (but not necessarily actually receiving) any one of the relevant Social Security benefits.^[1]

Under the Social Security Contributions and Benefits Act 1992 a person can qualify for the higher rate of mobility component of Disability Living Allowance if they get the highest rate care component of the allowance and are severely mentally impaired and display severe behavioural problems. The Social Security (Disability Living Allowance) Regulations 1991 further define these terms.^[2] Since 2015 only children are eligible. All four conditions must be met:

they suffer from a state of arrested development or incomplete physical development of the brain, which results in severe impairment of intelligence and social functioning;
they exhibit disruptive behaviour that ‘is extreme’;
they regularly require another person to intervene and physically restrain them to prevent them causing physical injury to themselves or another, or damage to property;
their behaviour is so unpredictable that they require another person to be present and watching over them whenever they are awake.

In decision CDLA/1427/2017 Upper Tribunal Judge Paula Gray outlined how this test should be applied. She stressed that all the relevant evidence must be considered together and not compartmentalised.^[3]

References

1. ^{{cite news |title=Council Tax: Exemptions and support to pay |url=https://www.mentalhealthandmoneyadvice.org/en/welfare-benefits/can-i-claim-welfare-benefits-if-i-m-living-with-a-mental-illness/council-tax-exemptions-and-support-to-pay/ |accessdate=26 January 2019 |publisher=Mental Health and Money Advice |date=19 October 2018}}
2. ^{{cite news |title=Social Security (Disability Living Allowance) Regulations 1991 |url=https://www.legislation.gov.uk/uksi/1991/2890/contents/made |accessdate=26 January 2019 |agency=Gov.uk |date=1991}}
3. ^{{cite news |title=Selected upper tribunal decisions from April 2018 to March 2019 |url=https://www.disabilityrightsuk.org/selected-upper-tribunal-decisions-april-2018-march-2019 |accessdate=26 January 2019 |publisher=Disability Rights UK |date=15 October 2018}}

2 : Pensions and benefits in the United Kingdom|Disability in the United Kingdom

随便看

开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。