[Maria Devoti]

Hi everyone,
Just requiring some assistance.
We have a ratepayer who is making regular payments. We have issued the Rates & Charge Notices prior to 1/8 detailing the instalments. The ratepayer has paid Instalments 1 & 2, still has instalments 3 and 4 owing. The ratepayer is claiming they are paying their rates by instalments and want to receive an Instalment notice for each quarter. Our software only generates a notice for balances owing at the time the notices are run.
S.622(5) states “On or before 31 October, 31 January and 30 April, a council must send reminder notices (to be sent separately from the rates and charges notice) to each person whose rates and charges are being paid by quarterly instalments”. There is no agreement for periodical payments (S.564)
How is everyone dealing with issuing notices where a ratepayer’s partially paid their rates for the year and the balance of the current instalment is nil?
Thanks Maria

[Robert Hay]

Hi Maria

Our software works exactly the same for instalments (Tech 1) and I have had this query before.

Section 562 (3)(b) if payment is made by quarterly instalments, the instalments are payable by 31 August, 30 November, 28 February and 31 May. Note that it says “by” not “on”.

The instalment payable “by” 30 November has already been paid prior to that “payable” date.

As stated in 562 (5) Council must send a “Reminder Notice” on or before 31 October, 31 January and 30 April. In my opinion the Act does not require a Reminder Notice to be sent for an instalment that has already been paid “by” 30 November as there is nothing to be “reminded”.

Hope this helps

Robert

[Author]

Posts