BYRON SHIRE COUNCIL

13.5 - Attachment 1

INFORMATION ABOUT THIS DOCUMENT

Date Adopted by Council	14/08/09	Resolution No.	09-608
Document Owner	Director Corporate and Community Services
Document Development Officer	Manager Finance/Revenue Coordinator
Review Timeframe	4 Years
Last Review Date:	15/12/16	Next Scheduled Review Date	15/12/20

Document History

Doc No.	Date Amended	Details/Comments eg Resolution No.
#862049	02/07/09	Draft reported to Council. Resolution 09-607 – Amendments made – draft on exhibition see Advert #870062
#885068	14/08/09	Policy adopted after exhibition period in accordance with Res 09-607 (no submissions received)

Further Document Information and Relationships

Related Legislation*

Local Government Act 1993 (LGA) - Sections 575 to 584.

Related Policies

Debt Recovery - Policy No. 2.3 (to be reviewed)

Rates and Charges Financial Hardship Assistance – Policy No. 09/003.

Related Procedures/ Protocols, Statements, documents

Pensioner Concession Application Form (prescribed)

Rates and Charges Administrative Guidelines Management Procedure – Doc No. NEW

Council’s annually adopted Revenue Policy Statement (IP&R documentation).

Note: Any reference to Legislation will be updated in the Policy as required. See website http://www.legislation.nsw.gov.au/ for current Acts, Regulations and Environmental Planning Instruments.

BYRON SHIRE COUNCIL

13.5 - Attachment 1

TABLE OF CONTENTS

1. OBJECTIVES.. 2

2. SCOPE.. 2

3. DEFINITIONS.. 2

4. STATEMENT.. 2

5. PENSIONER CONCESSIONS.. 2

5.1. Applications – Retrospective limitations (Section 575 LGA) 2

5.2. Temporary absence due to a medical reason (Section 575 LGA) 2

5.3. Temporary overseas absence (Section 575 LGA) 3

5.4. Automatic eligibility confirmation (Section 575 LGA) 3

5.5. Extension of pensioner concession to avoid hardship (Section 577/578 LGA) 3

5.6. Pensioners – Not Exempt from interest charges or debt recovery. 3

5.7. Financial Hardship - Deferral of rates and charges against the estate. 3

6. SUSTAINABILITY.. 3

6.1. Social 3

6.2. Economic. 3

1. OBJECTIVES

To provide clear and equitable guidelines for the granting of mandatory and voluntary pensioner concessions on rates and charges in conjunction with relevant section of the Local Government Act 1993 (LGA) and the Local Government (General) Regulation 2005 (LGR).

2. SCOPE

This policy applies to eligible pensioners as defined by the LGA dictionary and LGR.

3. DEFINITIONS

Eligible Pensioner

See definition in the LGA dictionary and clause 134 of the LGR.

Immediate Family

A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person or;

A child, parent, grandparent or sibling of a spouse or de facto partner of the person.

4. STATEMENT

Council provides mandatory pensioner concessions in accordance with relevant sections of the LGA and LGR. Council receives a reimbursement subsidy of 55% of the total mandatory pensioner concessions granted.

This policy outlines guidelines that Council will follow when considering a pensioner concession application in cases where legislation is open for interpretation or is silent.

Council acknowledges that the maximum mandatory pensioner concession has not changed for many years and as a result, provides an additional voluntary reduction for eligible pensioners.

5. PENSIONER CONCESSIONS

5.1. Applications – Retrospective limitations (Section 575 LGA)

A pensioner concession will be granted to an eligible pensioner based on the effective date displayed on their Pensioner Concession Card, with retrospective concessions limited to the current and previous rating years only, based upon the date of receipt of the application on the prescribed form.

5.2. Temporary absence due to a medical reason (Section 575 LGA)

If an eligible pensioner is temporarily required to leave their principal place of abode due to a medical reason (i.e. nursing home or hospital) with an intention to return, Council will continue to grant a pensioner concession on the property’s rates and charges for a maximum period of up to 6 months. This is providing that the property is not privately leased or occupied during that period by anyone other than the pensioner’s immediate family.

5.3. Temporary overseas absence (Section 575 LGA)

Council will continue to honour the pensioner concession if an eligible pensioner is temporarily overseas, still receiving their pension from Centrelink and the property was still their principle place of abode. This is providing that the property is not privately leased or occupied during that period by anyone other than the pensioner’s immediate family.

5.4. Automatic eligibility confirmation (Section 575 LGA)

Council will check the eligibility status of all current pensioner’s with Centrelink at least once per annum in June. Council may choose to perform additional eligibility checks at any time at their discretion.

5.5. Extension of pensioner concession to avoid hardship (Section 577/578 LGA)

Council may, in order for a ratepayer to avoid hardship, extend the pensioner concession to ratepayers who are not eligible pensioners that jointly own and occupy a property with an eligible pensioner, if it considers proper to do so.

5.6. Pensioners – Not Exempt from interest charges or debt recovery

A property owned or part owned by an eligible pensioner is not exempt from maximum interest charges adopted by the Council or debt recovery processes in accordance with Council’s Debt Recovery policy for any overdue rates and charges.

5.7. Financial Hardship - Deferral of rates and charges against the estate

Aged pensioners and self-funded retirees may qualify to defer payment of their rates and charges against their estate. See Council’s Rates and Charges Financial Hardship Assistance policy for eligibility criteria.

6. SUSTAINABILITY

6.1. Social

This policy recognises the significant pensioner population within our community and provides support in meeting their rate payment responsibilities.

6.2. Economic

Council funds 45% of the mandatory pensioner concessions provided, with the State Government funding the balance.

Council funds 100% of the additional voluntary pensioner concession granted.