Rating (Disabled Persons) Act 1978
| Year | 1978 |
Rating (Disabled Persons)Act 1978
1978 CHAPTER 40
An Act to amend the law relating to relief from rates in respect of premises used by disabled persons and invalids; and for purposes connected therewith.
[20th July 1978]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Provisions for England and Wales
1 Rebates for hereditaments with special facilities for disabled persons.
(1) Subject to the provisions of this Act, the rating authority for any area in England and Wales shall grant a rebate in respect of the rates chargeable on any hereditament which is situated in the area and to which this section applies.
(2) This section applies to—
(a ) a hereditament in which a room other than a bathroom or lavatory is predominantly used (whether for providing therapy or for other purposes) by and is required for meeting the needs of a disabled person who resides in the hereditament;
(b ) a hereditament in which there is an additional bathroom or lavatory which is required for meeting the needs of a disabled person who resides in the hereditament;
(c ) a hereditament which is equipped with a heating installation for providing heating in two or more rooms, being heating required for meeting the needs of a disabled person who resides in the hereditament;
(d ) a hereditament in which there is any other facility which is required for meeting the needs of a disabled person who resides in the hereditament;
(e ) a hereditament in which there is sufficient floor space to permit the use of a wheelchair used by and required for meeting the needs of a disabled person who resides in the hereditament;
(f ) a hereditament which includes or consists of a garage, carport or land used otherwise than temporarily for accommodating a vehicle used by and required for meeting the needs of a disabled person.
(3) In subsection (2) above—
(a ) references to anything being required for meeting the needs of a disabled person are references to its being essential or of major importance to his well-being by reason of the nature and extent of his disability; and
(b ) references to a disabled person who resides in a hereditament include references to a disabled person who is usually resident there.
(4) The person entitled to a rebate under this section is—
(a ) the disabled person if he is the occupier of the hereditament or makes payments by way of rent in respect of all or any of it; or
(b ) any person who is a member of the same household as the disabled person and either is the occupier of the hereditament or makes such payments as aforesaid.
(5) The rebate in respect of any hereditament shall be of an amount determined in accordance with Schedule 1 to this Act.
(6) Where the person entitled to a rebate under this section is also entitled to a rebate under a scheme made under section 11 or 12 of the Local Government Act 1974 in respect of the same hereditament and period, that scheme shall have effect as if the rates chargeable on the hereditament for that period were reduced by the amount of the rebate under this section.
2 Rebates for institutions for the disabled.
(1) Subject to the provisions of this Act, the rating authority for any area in England and Wales shall grant a rebate in respect of the rates chargeable on any hereditament situated in the area which is occupied by a local authority or other body and is used—
(a ) wholly for one or more of the purposes specified in subsection (2) below; or
(b ) partly for one or more of those purposes and partly for purposes ancillary thereto.
(2) The said purposes are—
(a ) the provision of residential accommodation for the care of persons suffering from illness or the after-care of persons who have been suffering from illness;
(b ) the provision of facilities for training or keeping suitably occupied persons suffering from illness or persons who have been suffering from illness;
(c ) the provision of such accommodation or facilities as are mentioned in paragraph (a ) or (b ) above for disabled persons not falling within that paragraph;
(d ) the provision of welfare services for disabled persons;
(e ) the provision of facilities under section 15 of the Disabled Persons (Employment) Act 1944 ;
(f ) the provision of a workshop or of other facilities under section 3(1) of the Disabled Persons (Employment) Act 1958 .
(3) In subsection (2) above—
‘care’ does not include the provision of medical, surgical or dental treatment, but without prejudice to subsection (1)(b ) above;
‘illness’ has the meaning given by section 128(1) of the National Health Service Act 1977 ;
‘welfare services for disabled persons’ means services or facilities (by whomsoever provided) of a kind which a local authority have power to provide under section 29 of the National Assistance Act 1948 .
(4) The person entitled to a rebate under this section is the occupier of the hereditament.
(5) The rebate in respect of any hereditament shall be equal to the rates chargeable on the hereditament for the rebate period but where the hereditament qualifies for rebate for part only of a rebate period the rebate shall be proportionately reduced.
(6) Where the person entitled to a rebate under this section is also entitled to relief under section 40 of the General Rate Act 1967 (relief for charitable and other organisations) in respect of the same hereditament and period, that section shall have effect as if the rates chargeable on the hereditament for that period were reduced by the amount of the rebate.
3 Administration and appeals.
(1) No rebate shall be granted except on an application made to the rating authority by the person entitled to the rebate; and any such application shall contain such information as the authority may reasonably require.
(2) A rebate shall be granted for such period, being a rate period or part of a rate period, as the rating authority may determine (in this Act referred to as a ‘rebate period’).
(3) No rebate shall be granted—
(a ) for any period before the coming into force of this Act; or
(b ) except in such circumstances and to such extent as the rating authority may determine, for any period before the beginning of the rate period in which the application is made.
(4) A rebate may be granted either by making a payment of the amount of the rebate or, where the person entitled is the occupier of the hereditament, by reducing the rates payable by him.
(5) An applicant for a rebate whose application is refused by the rating authority may appeal to the county court; and if that court allows the appeal it may direct that the rebate shall be granted.
(6) In this section ‘rebate’ means a rebate under section 1 or section 2 of this Act.
Provisions for Scotland
4 Rebates for lands and heritages with special facilities for disabled persons.
(1) Subject to the provisions of this Act, the rating authority for any area in Scotland shall grant a rebate in respect of the rates chargeable on any lands and heritages which are situated in the area and to which this section applies.
(2) This section applies to—
(a ) lands and heritages in which a room other than a bathroom or lavatory is predominantly used (whether for providing therapy or for other purposes) by and is required for meeting the needs of a disabled person who resides in the lands and heritages;
(b ) lands and heritages in which there is an additional bathroom or lavatory which is required for meeting the needs of a disabled person who resides in the lands and heritages;
(c ) lands and heritages which are equipped with a heating installation for providing heating in two or more rooms, being heating required for meeting the needs of a disabled person who resides in the lands and heritages;
(d ) lands and heritages in which there is any other facility which is required for meeting the needs of a disabled person who resides in the lands and heritages;
(e ) lands and heritages in which there is sufficient floor space to permit the use of a wheelchair used by and required for meeting the needs of a disabled person who resides in the lands and heritages;
(f ) lands and heritages which include or consist of a garage, carport or land used otherwise than temporarily for accommodating a vehicle used by and required for meeting the needs of a disabled person,
and so much of the lands and heritages as is in terms of this subsection, referable to the needs of the disabled person is hereinafter in this section referred to as the ‘special facility’.
(3) In subsection (2) above—
(a ) references to anything being required for meeting the needs of a disabled person are references to its being essential or of major importance to his well-being by reason of the nature and extent of his disability; and
(b ) references to a...
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