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

PART IV REDUCTION FOR THE ELDERLY AND THE DISABLED

Persons eligible for reduction

19.—(1) In this Part, an “eligible person” means, subject to regulation 24, a person if—

(a) on 1st April 1989, he was solely or mainly resident in the area of the local authority at the address of the dwellinghouse specified in the register as having been his sole or main residence on that date;

(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, he satisfied one of the three conditions set out in paragraph (2);

(d) an application is made by him or on his behalf or, as the case may be, by his executors to the relevant levying authority on or before 1st October 1991 (or such later date as that authority may allow) for community charge reduction under this Part; and

(e) he, or the person applying on his behalf or, as the case may be, his executors has or have signed a declaration to the effect that he is not or was not a former ratepayer or the spouse of a former ratepayer of the dwellinghouse referred to in sub-paragraph (a).

(2) The three conditions mentioned in paragraph (1)(c) are that the person—

(a) if a man, attained the age of 65 on or before 1st April 1989; or

(b) if a woman, attained the age of 60 on or before that date; or

(c) personally satisfied the additional condition set out in paragraph 12 of Schedule 1 to the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988(1).

(3) 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 in regulation 11, as read with regulation 24, for ceasing to be such a person,

that person shall nevertheless he 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 terms of regulation 11, as read with regulation 24.

Amount of reduction of the islands personal community charge

20.  Subject to regulation 23, in the case where the dwellinghouse referred to in regulation 19(1)(a) is situated in the area of an islands council, the amount which an eligible person is or was liable to pay in respect of the islands personal community charge in respect of the financial year 1990-91 shall not be such amount as it would be or would have been apart from these Regulations but instead shall (if it is not otherwise less) be calculated as if the islands council had determined for that financial year a personal community charge equal to the sum of—

 £ 104 + D,

where

• D is the amount by which the actual personal community charge of that islands council for the financial year 1990—91 is higher than the actual personal community charge of that islands council for the financial year 1989—90.

Amount of reduction of the regional personal community charge

21.  Subject to regulation 23, in the case where the dwellinghouse referred to in regulation 19(1)(a) is situated in the area of a regional council, the amount which an eligible person is or was liable to pay in respect of the regional personal community charge in respect of the financial year 1990—91 shall not be such amount as it would be or would have been apart from these Regulations but instead shall (if it is not otherwise less) be calculated as if the regional council had determined for that financial year a personal community charge equal to the sum of—

 £ 89 + E,

where

• E is the amount by which the actual personal community charge of that regional council for the financial year 1990—91 is higher than the actual personal community charge of that regional council for the financial year 1989—90.

Amount of reduction of the district personal community charge

22.  Subject to regulation 23, in the case where the dwellinghouse referred to in regulation 19(1)(a) is situated in the area of a district council, the amount which an eligible person is or was liable to pay in respect of the district personal community charge in respect of the financial year 1990—91 shall not be such amount as it would be or would have been apart from these Regulations but instead shall (if it is not otherwise less) be calculated as if the district council had determined for that financial year personal community charge equal to the sum of—

 £ 15 + F,

where

• F is the amount by which the actual personal community charge of that district council for the financial year 1990—91 is higher than the actual personal community charge of that district council for the financial year 1989—90.

Adjustment in amount of reduction

23.  Regulation 16(1) and (2) applies in relation to this Part as it applies in relation to Part III but as if there was substituted, for the reference to regulations 14 and 15, a reference to regulations 20, 21 and 22.

Cessation of eligibility

24.  Regulation 11 applies in relation to this Part as it applies in relation to Part II but as if there was substituted, for the reference to regulation 7(1)(c), a reference to regulation 19(1)(a).

Local government boundary changes

25.  Regulation 12 applies in relation to this Part as it applies in relation to Part II but as if there was substituted, for the reference to regulations 8 and 9, a reference to regulations 20, 21 and 22.

(1)

S.I. 1988/1890, amended by S.I. 1989/43.