Rating (Disabled Persons) Act 1978

F1 2 Rebates for institutions for the disabled. E+W+S

(1) Subject to the provisions of this Act, the rating authority for any area in England and Wales shall grant a rebate in respect of the rates chargeable on any hereditament situated in the area which is occupied by a local authority or other body and is used—

(a) wholly for one or more of the purposes specified in subsection (2) below; or

(b) partly for one or more of those purposes and partly for purposes ancillary thereto.

(2) The said purposes are—

(a) the provision of residential accommodation for the care of persons suffering from illness or the after-care of persons who have been suffering from illness;

(b) the provision of facilities for training or keeping suitably occupied persons suffering from illness or persons who have been suffering from illness;

(c) the provision of such accommodation or facilities as are mentioned in paragraph (a) or (b) above for disabled persons not falling within that paragraph;

(d) the provision of welfare services for disabled persons;

(e) the provision of facilities under section 15 of the M1 Disabled Persons (Employment) Act 1944;

(f) the provision of a workshop or of other facilities under section 3(1) of the M2 Disabled Persons (Employment) Act 1958.

(3) In subsection (2) above—

• “care” does not include the provision of medical, surgical or dental treatment, but without prejudice to subsection (1)(b) above;

• “illness” has the meaning given by section 128(1) of the M3 National Health Service Act 1977;

• “welfare services for disabled persons” means services or facilities (by whomsoever provided) of a kind which a local authority have power to provide under section 29 of the M4 National Assistance Act 1948.

(4) The person entitled to a rebate under this section is the occupier of the hereditament.

(5) The rebate in respect of any hereditament shall be equal to the rates chargeable on the hereditament for the rebate period but where the hereditament qualifies for rebate for part only of a rebate period the rebate shall be proportionately reduced.

(6) Where the person entitled to a rebate under this section is also entitled to relief under section 40 of the M5 General Rate Act 1967 (relief for charitable and other organisations) in respect of the same hereditament and period, that section shall have effect as if the rates chargeable on the hereditament for that period were reduced by the amount of the rebate.

Textual Amendments

F1 S. 2 repealed (E.W.) by S.I. 1990/776, art. 3(1)(2), Sch. 1

Marginal Citations

M1 1944 c. 10.

M2 1958 c. 33.

M3 1977 c. 49.

M4 1948 c. 29.

M5 1967 c. 9.