[Cherie Muir]

Hi there
I recall OLG guidance from maybe 2007 or 2008 about pensioner concessions. It could have been primarily about the pensioner subsidy process and the frequency of claims, but it also had a bit about retrospective rebates for past years. Said Council’s should have clear policy if going back years – something like that.
I’m keen to read it again and hopefully locate it on the OLG website. I’ve searched the OLG web for 20 mins now and can’t find it. Hoping someone has a copy of it and can email it to me. Thanks heaps.

[Matthew Saunders]

Hi Cherie,

It was Circular 07-50 in relation to procedural changes.

Backdating of claims:

Section 579 of the Act prescribes that the rebate for pensioner concessions can
be limited by regulation. As there is no regulation that puts a time limit on the
backdating of the pensioner concession, the time limit is required to be set by
way of council resolution. It is open to a council to adopt a policy of allowing
pensioner rates reductions in respect of previous years rates.

The Department considers that discretion in regard to the backdating of claims
should only be exercised where there are substantive reasons provided for the
pensioner not submitting a proper application at the time each previous years
rates were levied. Furthermore, the council should take all reasonable steps to
ensure that the application is a bona-fide one (eg insist upon conclusive proof
that the person did in fact permanently reside in the subject premises at the
relevant time).

I will email it across.

Kind regards,

Matthew

[Cherie Muir]

You’re the best! Thanks heaps Matthew

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