The Personal Community Charge (Relief) (Scotland) Regulations 1990

PART IV Relief for the elderly and the disabled

Persons eligible for relief

19.—(1) In this Part, an “eligible person” means, subject to regulation 23, 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 1990 (or such later date as that authority may allow) for community charge relief 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 subparagraph (a) above.

(2) The three conditions mentioned in parargaph (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).

Amount of relief in the case of the islands personal community charge

20.—(1) Subject to paragraph (2) and regulation 22, in the case where the dwellinghouse referred to in regulation 19(1)(a) is situated in the area o f 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 any of the prescribed financial years shall (if it is not otherwise less) be calculated as if the islands council had determined–

(a) for the financial year 1989-90, a personal community charge equal to £156 + Z;

(b) for the financial year 1990-91, a personal community charge equal to £169 + Z; and

(c) for the financial year 1991-92, a personal community charge equal to £182 + Z;

where Z is the amount by which the set personal community charge of that islands council for the relevant financial year is higher than the APCC of that islands council.

(2) Paragraph (1)(b) does not apply to an eligible person unless the calculation under paragraph (1)(a) resulted in a reduction in his liability, and paragraph (1)(c) does not apply to a person unless the calculations under paragraph (1)(a) and (b) both resulted in a reduction in his liability.

Amount of relief in the case of the regional personal community charge

21.—(1) Subject to paragraph (2) and regulation 22, 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 any of the prescribed financial years shall (if it is not otherwise less) be calculated as if the regional council had determined–

(a) for the financial year 1989-90, a personal community charge equal to £156 + Z;

(b) for the financial year 1990-91, a personal community charge equal to £169 + Z; and

(c) for the financial year 1991-92, a personal community charge equal to £182 + Z;

where Z is the aggregate of–

(i) the amount by which the set personal community charge of that regional council for the relevant financial year is higher than the APCC of that regional council; and

(ii) the amount by which the set personal community charge of the district council in whose area that dwellinghouse is situated for the relevant financial year is higher than the APCC of that district council.

(2) Paragraph (1)(b) does not apply to an eligible person unless the calculation under paragraph (1)(a) resulted in a reduction in his liability, and paragraph (1)(c) does not apply to a person unless the calculations under paragraph (1)(a) and (b) both resulted in a reduction in his liability.

Adjustment in amount of relief

22.  Regulation 16(1) and (2) apply in relation to this Part as they apply 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.

Termination of relief

23.  Regulation 11 applies in relation to this Part as it applies in relation to Part II but as if there was substituted for any reference to –

(a) Regulations 8 and 9, a reference to regulations 20 and 21; and

(b) 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.