Rating (Disabled Persons) Act 1978
| Jurisdiction | UK Non-devolved |
| Citation | 1978 c. 40 |
| Year | 1978 |
(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.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;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;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;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;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;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.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; andreferences to a disabled person who resides in a hereditament include references to a disabled person who is usually resident there.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; orany 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 F2section 28(1) (a) of the Social Security and Housing Benefits Act 1982 (whether or not modified under section 30(1) (a) of that Act) 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.wholly for one or more of the purposes specified in subsection (2) below; orpartly for one or more of those purposes and partly for purposes ancillary thereto.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;the provision of facilities for training or keeping suitably occupied persons suffering from illness or persons who have been suffering from illness;the provision of such accommodation or facilities as are mentioned in paragraph (a) or (b) above for disabled persons not falling within that paragraph;the provision of welfare services for disabled persons;the provision of facilities under section 15 of the the provision of a workshop or of other facilities under section 3(1) of the (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.
To continue reading
Request your trial