Reply To: Order under S.577 – pensioner eligbility
Hi Cherie,
Can’t help you with S577, something I have dodged on the grounds that there is no government subsidy.
If you are looking at same for Life Tenants only then you might not need an order under S577. Page 90 of the OLG Rating and Revenue Raising manual states that life tenants are eligible under S575.
There will be different interpretations of the legislation however, this is my take on it:
S575 (1) If an eligible pensioner is the person solely liable, or a person jointly liable with one or more other persons,
So, to be eligible under S575 the pensioner must be liable.
So, who is liable?
S 560 (1) The owner for the time being of land on which a rate is levied is liable to pay the rate to the council…...
So who is the owner? If their name is on the title then under Torrens Title, they are an owner. But can they be an owner if they are not on the title?
The LGA Dictionary defines owner of land (other than Crown Land) as every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession
I believe (not sure how I formed the view, may be a legal opinion I read, maybe I have just convinced myself? that a life tenant is entitled in equity to an estate etc… and as such is an owner, is therefore liable, can therefore be eligible (if they satisfy the other eligibility criteria i.e. PCC, primary pace of residence etc.
I know others will disagree. Some will have the view that life tenants are not liable to pay council and support that view by posing the question Would you sue the life tenant if the rates are not paid?.
That’s OK, after all the forum is about sharing views and learning.
I also enjoyed the conference immensely and send my sincere thanks to all involved.
