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John, Solicitor
Category: Law
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Experience:  10 years legal experience
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I am new to reading legislation It appears from reading the

Customer Question

I am new to reading legislation
It appears from reading the legislation pasted below that you can meet the requirements for SMI if the individual meets either
2(1)(a) only?
or 2(1) (b) Dr's certificate confirming SMI and (c) eg attendance allowance?If this 2(1)(a) is sufficient on its own, would a diagnosis by a consultant geriatrician of dementia type Alzheimers be good evidence to provide the LA for the SMI exemption?
For example, the individual may not have been aware or want to claim attendance allowance allowing them to meet 2(1)(c)"The severely mentally impaired2(1)A person shall be disregarded for the purposes of discount on a particular day if—(a)on the day he is severely mentally impaired;(b)as regards ***** ***** which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and(c)as regards ***** ***** he fulfils such conditions as may be prescribed by order made by the Secretary of State.(2)For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph."Source
https://www.legislation.gov.uk/ukpga...ted?view=plain
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Customer: I am new to reading legislation It appears from reading the legislation pasted below that you can meet the requirements for SMI if the individual meets either 2(1)(a) only?
Submitted: 27 days ago.
Category: Law
Customer: replied 27 days ago.
I am new to reading legislation It appears from reading the legislation pasted below that you can meet the requirements for SMI if the individual meets 2(1)(a) only?
Would like know why if (b) and (c) are also necessary for example at the top 2(1) it does not say you need to meet all three requirements (a), (b) and (c), to enable me to have better understanding to read the law.
Customer: replied 27 days ago.
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Expert:  John replied 17 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 17 days ago.

Thanks for your message, I appreciate it is important to you. Please clrofy what you question is please?

Expert:  John replied 17 days ago.

Without the information requested in my first/previous response, I can only give you a general answer, but I hope this helps.

It is unclear what your question is as you have not asked one. I would recommend you contact one of the organisations below who can provide legal assistance to you for free.

We are Advocate

https://weareadvocate.org.uk/

They match members of the public who need free legal help with barristers who are willing to donate their time and expertise in deserving cases for those who are unable to obtain legal aid and cannot afford to pay.

Law works

https://www.lawworks.org.uk/

LawWorks is a charity working in England and Wales to connect volunteer lawyers with people in need of legal advice, who are not eligible for legal aid and cannot afford to pay and with the not-for-profit organisations that support them.

Law Centres Network

https://www.lawcentres.org.uk/

Law Centres deliver advice through lawyers and qualified caseworkers and defend the rights of people who cannot afford a lawyer.

Expert:  John replied 17 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 17 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John.