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RATES (NORTHERN IRELAND) ORDER 1977 - SECT 31A

31A.(1) Subject to paragraphs (5), (7), (8) and (11), the Department shall, in
accordance with the provisions of this Article, grant to the person mentioned
in paragraph (4) a rebate from the rates chargeable in respect of a
hereditament to which this Article applies.

(2) This Article applies to

(a)a hereditament in which there is a facility which is required for meeting
the needs of a disabled person who resides in the hereditament, including a
facility of any of the following descriptions, that is to say,

(i)a room, other than a bathroom or lavatory, which is wholly or mainly used
(whether for providing therapy or for other purposes) by such a disabled
person;

(ii)an additional bathroom or lavatory;

<(iii)a heating installation for providing heating in two or more rooms;


(b)a hereditament in which there is sufficient floor space to permit the use
of a wheel chair used by and required for meeting the needs of a disabled
person who resides in the hereditament; and

(c)a hereditament of either of the following descriptions which provides
accommodation for a vehicle used by and required for meeting the needs of a
disabled person, that is to say,

(i)a hereditament where the disabled person resides which includes a garage or
other building or land used otherwise than temporarily for such accommodation;

(ii)a hereditament where the disabled person does not reside which consists of
or includes such a garage, building or land.

(3) In paragraph (2)

(a)references to anything being required for meeting the needs of a disabled
person are references to its being essential or of major importance to his
well-being by reason of the nature and extent of his disability; and

(b)references to a disabled person who resides in a hereditament include
references to a disabled person who is usually resident there.

(4) The person entitled to a rebate under this Article (a "rebate") is

(a)the disabled person if he is the occupier of the hereditament or makes
payments by way of rent in respect of all or any of it; or

(b)any person who is a member of the same household as the disabled person and
either is the occupier of the hereditament or makes such payments as
aforesaid.

(5) No rebate shall be granted except on an application made to the Department
by the person entitled to the rebate; and any such application shall contain
such information as the Department may reasonably require.

(6) Subject to paragraph (7), a rebate shall be granted for such period, being
a year or part of a year, as the Department may determine (a "rebate period").

(7) Where the hereditament qualifies for rebate for part only of a rebate
period the rebate shall be proportionately reduced and if too large an amount
has been paid or allowed by way of rebate the excess shall be recoverable
summarily by the Department as a debt.

(8) No rebate shall be granted

(a)for any period before 1st April 1979; or

(b)except in such circumstances and to such extent as the Department may
determine, for any period before the beginning of the year in which the
application is made.

(9) A rebate may be granted either by making a payment of the amount of the
rebate or, where the person entitled is the occupier of the hereditament, by
reducing the rates payable by him.

(10) Subject to paragraph (11), the amount of a rebate shall be so much of the
rates chargeable in respect of the hereditament for, or properly apportionable
to, the rebate period or the relevant part of it as is referable

(a)where the hereditament is one to which this Article applies by virtue of
paragraph (2)(a), (b) or (c)(i), to so much of the net annual value of the
hereditament as is certified by the district valuer as apportioned by him to
the facility, floor space or accommodation in question;

(b)where the hereditament is one to which this Article applies by virtue of
paragraph (2)(c)(ii) and is certified by the district valuer to provide
accommodation solely for a vehicle used by and required for meeting the needs
of a disabled person, to the net annual value of the hereditament;

(c)where the hereditament is one to which this Article applies by virtue of
paragraph (2)(c)(ii) and is not certified as mentioned in sub-paragraph (b),
to so much of the net annual value of the hereditament as is certified by the
district valuer as apportioned by him to the part of the garage or other
building or land which provides accommodation solely for such a vehicle as is
mentioned in sub-paragraph (b).

(11) Where the district valuer certifies that no part of the net annual value
of the hereditament is attributable to any facility, floor space or
accommodation such as is mentioned in paragraph (2), no rebate shall be
granted.

(12) An applicant for a rebate, who is aggrieved by any certificate issued by
the district valuer under paragraph (10) or (11) may appeal to the
Commissioner, and the provisions of Articles 51 to 54 shall, with the
appropriate modifications, apply in relation to an appeal under this
paragraph.

(13) Where the person entitled to a rebate under this Article is also entitled
to a rebate under a scheme made under Article 28 in respect of the same
hereditament and period, that scheme shall have effect as if the rates
chargeable in respect of the hereditament for that period were reduced by the
amount of the rebate under this Article.]

© 1977 Crown Copyright

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