Meeting papers

COUNCIL POLICY – RATES AND CHARGES FINANCIAL HARDSHIP




 COUNCIL POLICY

 Legislative Requirements

 Section 120(1)(c) of the Regulation states that “the local government may grant the concession only if
 it is satisfied the payment of the rates or charges will cause financial hardship to the landowner.”

 What is Hardship?

 Hardship is not a fixed concept; it may may arise in a variety of situations, requiring case-by-case
 consideration, for example:

  •   long-term unemployment, or loss of employment, of the landowner or family member
  •   reduction in income
  •   increase in non-discretionary expenditure
  •   family breakdown, including domestic violence
  •   elder abuse
  •   death in the family of the landowner
  •   adverse health issues, including illness (physical or mental), physical incapacity, or hospitalisation,
      of the landowner or landowner’s family member
  •   natural disaster affecting the landowner or their dependents
  •   other factors resulting in unforeseen changes in the landowner’s capacity to meet their payment
      obligations.

 Eligibility Criteria

 To be eligible for a concession under the Policy:

  •   the applicant must be a sole or joint owner of the property
  •   the property must be the landowner’s principal place of residence
  •   the applicant must have legal responsibility for payment of the property’s rates and charges
  •   the landowner must provide sufficient information to demonstrate that they will suffer hardship if
      required to pay rates and charges when due
  •   the property is not let, partially or fully, short-term or long-term
  •   the owner must demonstrate a sound payment history for Council rates and charges
  •   the balance or amount payable must exceed $1,000.

 A landowner will not be eligible to make an application under the Policy if:

  •   s/he owns more than one property; or
  •   Council has commenced recovery action by (a) referring the matter of the outstanding rates to a
      debt recovery agency, or (b) commencing legal proceedings itself, or (c) given the owner, per
      section 140 of the Regulation, notice of intention to sell the land for overdue rates.

 Types of Concession provided

 1. A 12-month interest free payment plan under which all outstanding rates and charges will be paid
    within 12 months of the agreement.

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