The Personal Community Charge (Reduction for 1990-91) (Scotland) Regulations 1991

Persons eligible for reduction

13.—(1) In this Part, an “eligible person” means, subject to paragraphs (4) and (5) and to regulation 17, a person if—

(a) on 1st April 1989, he was solely or mainly resident in the area of a local authority;

(b) on that date, he was liable to pay the personal community charge determined by that local authority in respect of the financial year 1989—90;

(c) on that date, there was another person or there were other persons—

(i) who was or were solely or mainly resident at the address of the dwellinghouse specified in the register as having been his sole or main residence on that date; and

(ii) who was or were liable to pay the personal community charge on that date;

(d) he and the other person or persons referred to in sub-paragraph (c) bad been solely or mainly resident in that dwellinghouse immediately prior to 1st April 1989; and

(e) the condition specified in paragraph (2), or as the case may be, paragraph (3), was fulfilled.

(2) In the case where the dwellinghouse referred to in paragraph (1)(c) is situated in the area of an islands council, the condition specified is that 2A is greater than R plus £104, where A and R shall have the same meanings as they have respectively in paragraph (2) of regulation 7 but as if any reference in that paragraph to the dwellinghouse referred to in paragraph (1)(c) of regulation 7 was construed as a reference to the dwellinghouse referred to in paragraph (1)(c) of regulation 13.

(3) In the case where the dwellinghouse referred to in paragraph (1)(c) is situated in the area of a regional council, the condition specified is that 2B is greater than S plus £104, where B and S shall have the same meanings as they have respectively in paragraph (3) of regulation 7 but as if any reference in that paragraph to the dwellinghouse referred to in paragraph (1)(c) of regulation 7 was construed as a reference to the dwellinghouse referred to in paragraph (1)(c) of regulation 13.

(4) A person shall not be an eligible person under this Part if he is an eligible person under Part IV.

(5) Where—

(a) before the date of coming into force of these Regulations, a person satisfied the conditions mentioned in paragraph (1) for being an eligible person; but

(b) on or before that date, he also satisfied the conditions mentioned in regulation 11, as read with regulation 17, for ceasing to be an eligible person,

that person shall nevertheless be an eligible person and the provisions of this Part shall apply to him up to but not including the date upon which he ceased to be an eligible person in accordance with regulation 11, as read with regulation 17.