Change in circumstances of registered person
35 Change in circumstances of registered person
Where the entitlement of a person as regards any land is registered, if —
the person ceases —
to hold a seniors’ card; or
to be an eligible pensioner; or
to occupy the land as their ordinary place of residence;
or
the interest or the extent of the interest of that person in the land changes in such a manner as to change the relevant entitlement; or
the land no longer belongs to that person,
the registration may need to be reviewed by the administrative authority and the person is required forthwith to notify the administrative authority, in a manner approved by the administrative authority, of the change in circumstances.
Where in respect of any charged period an eligible person would be authorised to have registered, or to apply for the registration of, an entitlement as regards land in more than one place and it is alleged that each is the ordinary place of residence of that person, that person —
may retain, or have, an entitlement registered only for one of those places; and
must elect to which of those places this Act is to apply; and
must relinquish any other entitlement.
Subsection (2) does not apply in relation to land registered for a person on the basis of eligibility under section 23(5).
Where subsection (2) applies to a place where a person has an entitlement which is required to be relinquished that person shall, in a manner approved by the administrative authority, notify every administrative authority which makes any prescribed charge in respect of that place —
of the change of circumstances, in that the person has relinquished the entitlement and elected that the Act shall no longer apply to that place; and
of any other land in respect to which that person claims an entitlement instead.
If, by reason only of any increase in the assets or income of that person to a value in excess of that permitted by the means test, a person ceases to be an eligible person as regards any land, that person remains a person who may be allowed to retain —
the benefit of any rebate on a prescribed charge, which that person had previously been allowed; and
any right to defer payment of a prescribed charge, until such time as a liability for payment of the full amount under this Act otherwise arises,
but for future charged periods must seek registration again if then eligible.
[Section 35 amended: No. 31 of 2006 s. 36; No. 13 of 2007 s. 6.]
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