1Short title and commencement
(1)
This Act may be cited as the Municipalities Assistance Act 1973.
(2)
This Act shall be deemed to have come into operation on the 1st day of October, 1973.
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This Act may be cited as the Municipalities Assistance Act 1973.
This Act shall be deemed to have come into operation on the 1st day of October, 1973.
S. 2(1) amended by Nos 8613 s. 2(1)(a)(b), 8794 s. 8(a), 8893 s. 9, 9915 s. 3, 10070 s. 3(a)(b), substituted by Nos 109/1986 s. 6(Sch. item 9) (as amended by No. 48/1987 s. 4(k)(ix)), 82/2004 s. 13(Sch. item 6.1).
In this Act—
S. 2(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 42.1).
domestic partner of a person means—
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a person who is in a registered relationship with the person; or
a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
pensioner means a person who is an eligible recipient within the meaning of the State Concessions Act 2004;
spouse of a person means a person to whom the person is married.
S. 2(2) repealed by No. 8613 s. 3(1), new s. 2(2) inserted by No. 82/2004 s. 13(Sch. item 6.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 42.2).
For the purposes of the definition of domestic partner in subsection (1)—
registered relationship has the same meaning as in the Relationships Act 2008; and
in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 2(3) amended by Nos 8613 s. 4(1)(a), 8794 s. 8(b)(i)–(iv), 8893 s. 2(1)(g), 9385 s. 6(b)(c), 9684 s. 6(5) (a)–(c), 81/1989 s. 3(Sch. item 37.1).
Where upon the application of a person who is a pensioner to be excused payment of any rate interest or charge made levied declared or imposed in respect of property which is the sole or principal residence of that pensioner—
S. 2(3)(a) amended by Nos 9385 s. 6(a), 12/1989 s. 4(1)(Sch. 2 item 83.1), 81/1989 s. 3(Sch. item 37.1).
a council under section 171(4) of the Local Government Act 1989; or
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S. 2(3)(b) repealed by No. 82/2004 s. 13(Sch. item 6.2(a)).
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S. 2(3)(c)–(f) repealed by No. 81/1989 s. 3(Sch. item 37.1).
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excuses payment of the rate interest or charge or any part thereof the council, or the Board of Works may make application to the Treasurer for payment of assistance and the Treasurer shall pay to that council, the Board of Works, the Authority, the sewerage Authority or the Trust in respect of that rate interest or charge an amount equal to—
S. 2(3)(i) substituted by No. 9684 s. 6(5)(b), amended by Nos 82/2004 s. 13(Sch. item 6.2(b)), 12/2008 s. 73(1)(Sch. 1 item 42.3).
where the pensioner is the only person liable to pay the rate, interest or charge in respect of that property or where the only other person liable to pay the rate, interest or charge is the spouse or domestic partner of the pensioner, one-half of a sum equal to the amount of that rate or charge and the total amount of that interest payable for all quarters in that year or the amount validly excused by the applicant (whichever is applicable); and
S. 2(3)(ii) substituted by No. 9684 s. 6(5)(b), amended by No. 82/2004 s. 13(Sch. item 6.2(b)).
where, together with one or more other persons the pensioner or the pensioner and the spouse or domestic partner of the pensioner are liable to pay the rate, interest or charge—one-half of an amount equal to the sum of the rate or charge and the total interest payable in respect of all quarters in that year or the amount validly excused by the applicant (whichever is applicable)—divided by the total number of persons liable to pay the rate, interest or charge—
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provided that the amount of assistance paid shall not in any instance exceed the amount of the rate or of the rate and interest (as the case may be) validly excused by the applicant.
S. 2(3A) inserted by No. 8670 s. 3(a), repealed by No. 8794 s. 8(c).
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S. 2(4) repealed by No. 8613 s. 3(1), new s. 2(4) inserted by No. 8794 s. 8(d), amended by No. 81/1989 s. 3(Sch. item 37.2).
The Treasurer may require any information which he considers necessary for the purposes of this Act from a council, or the Board of Works.
S. 2(5) amended by Nos 8613 s. 4(1)(b), 8670 s. 3(b), repealed by No. 8794 s. 8(c), new s. 2(5) inserted by No. 78/1991 s. 27.
On the application of a council, the Treasurer must pay to the council an amount equal to any amount the council validly waives under section 171(5A) of the Local Government Act 1989.
S. 2(6)(7) repealed by No. 8613 s. 3(1).
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