Rates and Charges (Rebates and Deferments) Act 1992

Where as regards any land an entitlement is registered in relation to any kind of prescribed charge on that land on the basis that a person holds an estate in fee simple in possession in land, a strata lease as defined in the Strata Titles Act 1985 or a relevant interest in land of a kind referred to in section 29, the person whose entitlement it is shall thereby, subject to this Act, be authorised in relation to a charge of that kind —

to pay a rebated amount; or

to defer payment,

Where as regards any land an entitlement is registered in relation to any kind of prescribed charge on that land on the basis that a person holds a relevant interest in land of a kind referred to in section 29A, 29B or 29C, the person whose entitlement it is, subject to this Act, is authorised in relation to a charge of that kind to pay a rebated amount for the charged period for which that charge was made and for all subsequent charged periods until the registration is amended or cancelled under section 37.

Where in relation to any charged period an entitlement to land is registered in respect of a prescribed charge that is not a Water Corporation charge, effect shall be given by the administrative authority to any rebate or deferment allowable for that charged period as though the entitlement remained that of the registered person, notwithstanding that during the charged period —

the registered person dies, or ceases to be an eligible person; or

the land ceases to belong to the registered person,

Where arrears are due from a registered person in respect of a prescribed charge neither payment of a rebated amount nor deferment in respect of a prescribed charge of that kind shall be allowed by an administrative authority, notwithstanding that an entitlement is registered by that person relating to the land, unless subsection (4) or (6) applies.

Where, before the coming into operation of Part 2 of the Rates and Charges (Rebates and Deferments) Amendment Act 1993, any arrangement for the payment of arrears in respect of a prescribed charge was entered into by an administrative authority with a registered person, that arrangement shall be taken to have been authorised under this Act and effect shall be given to the arrangement according to its terms.

Where, in relation to any arrears payable in respect of a prescribed charge by an eligible person, a direction is given to the administrative authority under section 9 to —

apply any payment; or

impose any requirement for penalty interest,

Despite subsection (3), a registered person in respect of a prescribed charge who is an eligible pensioner may, subject to this Act —

pay a rebated amount in respect of a prescribed charge of that kind; or

defer payment of amounts of a prescribed charge of that kind,

If, in respect of a charged period for which the payment of a rebated amount or a deferment is allowed under subsection (6), the registered person does not pay the arrears due to be paid in that charged period under the arrangement, the administrative authority may by written notice given to the registered person require that person to pay the prescribed charge by the date specified in the notice and the registered person ceases to be entitled to pay the rebated amount or to defer payment of the prescribed charge, as the case may be.

Despite section 6.62 of the Local Government Act 1995, if an arrangement for the payment of arrears is agreed on under subsection (6) and an amount is paid in respect of the rebated amount, that amount is to be applied for or towards payment of the rebated amount.