[Matthew Saunders]

Hi Mary,

The easy way out is to say that he is not on Title, so he is not eligible for a rebate and see if they accept that and not push the issue any further.

Alternatively, if they have set up the Trust correctly, he may be able to prove that he is a beneficial owner under the Trust and he may meet the definition of “owner” under the legislation, thereby deeming him as being liable for rates, and therefore you could determine that he is eligible for a rebate. (If this is the case and he is the actual owner of the property, I am not sure that their intentions to protect the property from his wife would stand up in court anyway). You could ask for a copy of the Trust Deed and if the Trust makes mention that he is liable for all outgoings, particularly mentioning council rates, you may be able to determine that he is an owner and is eligible and provide the rebate.

Alternatively you may be able to determine under Section 577(2) that although he is not technically liable under the legislation, he is otherwise an eligible pensioner (has a Pension Concession Card and occupies the property as his principal place of residence) and that you are satisfied that he would be paying the rates and therefore provide a rebate under this Section.

Penrith Council does extend rebates to Life Tenants where they can prove that the Life Tenancy agreement makes specific mention of the Life Tenant being liable for the rates. If this was one of our customers and they provided a copy of the Trust deed showing he is liable for the rates, we would give a rebate. I know there are others in the industry that do not believe that life tenants are eligible so you should therefore rely on your own legal advice, and have some kind of policy or procedure around who you deem to be eligible.

Kind regards,

Matthew.