Deferred payment of rates by eligible pensioner
44 Deferred payment of rates by eligible pensioner
Where an eligible pensioner who is a registered person does not pay, or does not wholly pay, the rebated amount of any charge by the day determined in accordance with subsection (2A) that person —
remains liable for the payment of the full amount of the charge, without rebate; and
ceases to be authorised to satisfy the liability for the payment of the charge by the payment only of a rebated amount,
but the administrative authority shall not seek to recover the amount, or the balance of the amount owing, from that person, and the liability of that person to pay that amount or that balance may be deferred until such time as it becomes payable in accordance with subsection (2).
For the purposes of subsection (1) the day is —
if paragraphs (b) or (c) do not apply —
if the charge is a Water Corporation charge — the final payment day; or
if the charge is not a Water Corporation charge — the last day of the charged period;
or
if the person has been allowed an extended period under section 40(3A) — the last day of that period; or
if a period has been specified under section 42(2) — the last day of that period.
Prescribed charges, liability for the payment of which is deferred under this Act, become payable and may be recovered by the administrative authority if the person liable for the payment —
dies, unless section 45(1) applies; or
ceases to be a person entitled to the land; or
ceases to occupy the land as their ordinary place of residence, unless —
a person to whom section 31(1) applies continues to reside there; or
residence there by that person ceased by reason of ill‑health, frailty or other cause not within the control of that person; or
residence there by that person ceased upon that person ceasing to live together with a spouse or de facto partner there, but that spouse or de facto partner remains there, and section 45(2) applies;
or
being a person to whom section 19 applies, is notified in writing that under section 21 the administrative authority has determined that the allowing of deferment can no longer be justified,
whichever happens first.
Where the liability for the payment of prescribed charges is deferred as regards any land to which several persons are entitled, being owners as tenants in common of undivided shares in the land, then notwithstanding the provisions of any other Act the liability for the payment of the charges to which the deferral relates attaches only to —
the specific part of that land to which an assessment of the kind referred to in section 43(3) related; and
the charge on that part of the land in so far as it remains unpaid.
[Section 44 amended: No. 28 of 2003 s. 172; No. 13 of 2007 s. 12; No. 4 of 2013 s. 13.]
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