Local Government, Planning and Land Act 1980

45 Rate rebates

(1) Section 13 of the [1974 c. 7.] Local Government Act 1974 (persons who are residential occupiers for the purposes of rate rebate schemes) shall be amended as follows.

(2) In subsection (1) for paragraphs (a) to (c) there shall be substituted—

“(a) a person who resides or is usually resident in premises used for the purposes of a private dwelling and having at the relevant date a rateable value not exceeding the specified limit, and who is the occupier of the hereditament which consists of or includes the premises;

(b) a person who resides or is usually resident in such premises as are mentioned in paragraph (a) above and is not the occupier of the hereditament which consists of or includes the premises but—

(i) pays the rates chargeable in respect of the hereditament for the rebate period concerned, and

(ii) is the spouse or former spouse of a person who is the occupier of the hereditament but does not reside and is not usually resident there;

(c) a person who resides or is usually resident in such premises as are mentioned in paragraph (a) above, and who—

(i) is not the occupier of the hereditament which consists of or includes the premises, but

(ii) makes payments by way of rent in respect of the premises to the occupier of the hereditament or to any other person who is himself a residential occupier.”.

(3) For subsection (2) there shall be substituted—

“(2) Where two or more persons are joint occupiers of a hereditament or joint tenants of any premises, then for the purposes of rate rebates under the statutory rate rebate scheme or a local rate rebate scheme, but subject to any different provision made by the scheme, the rating authority may treat one of those persons as if he were the sole occupier of the hereditament or, as the case may be, the sole tenant of the premises”.

(4) In subsection (3) for the words "paragraph (b) and (c) of subsection (1)" there shall be substituted the words " subsection (1) ".

(5) The preceding provisions of this section shall have effect for rebate periods, within the meaning of Part II of that Act, beginning on or after such day as the Secretary of State may by order made by statutory instrument appoint.

(6) There shall be paid out of money provided by Parliament any increase attributable to this section in the sums payable out of money so provided under the [1974 c. 7.] Local Government Act 1974.