The Personal Community Charge (Reduction for 1991-92) (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 paragraph (3) and to regulation 23, a person if—

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

(b) on 1st April 1991, he is solely or mainly resident in the same dwellinghouse and is liable to pay the personal community charge determined by that regional council in respect of the financial year 1991-92;

(c) on 1st April 1991, he satisfies 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 1991; 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) A person who satisfies the conditions of being an eligible person under paragraph (1) and also under regulation 7(1) or 13(1), shall only be an eligible person under this Part if this would result in a greater reduction than under Part II or, as the case may be, Part III in the amount of the personal community charge in respect of the financial year 1991-92 which he would pay apart from these Regulations.

Amount of reduction of the regional personal community charge

20.  Subject to regulation 22, the amount which an eligible person is liable to pay in respect of the regional personal community charge in respect of the financial year 1991-92 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 £49.

Amount of reduction of the district personal community charge

21.  Subject to regulation 22, the amount which an eligible person is liable to pay in respect of the district personal community charge in respect of the financial year 1991-92 of the district council in whose area the dwellinghouse referred to in regulation 19(1)(a) is situated shall not be such amount as it would he 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 a personal community charge equal to £3.

Adjustment in amount of reduction

22.  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 and 21.

Cessation of eligibility

23.  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

24.  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 and 21.

(1)

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