11 – Rates – Hardship reduction

Reduce your Rates – this letter to your Council may help

Heading  – In support of Fee Waiver application of:

Property Number (on the Rates Notice)

Name

Number XXXXXXX Street

Town   Postcode     (Property Number (on the Rates Notice)

Date

Dear Sir

My wife and I are already suffering hardship die to alleged debts Council and your debt collector are pursuing us for.

We have been, for some years, unable to meet our basic living requirements due to the large amount of funds we have remitted to Council, and its debt collection agency.

We therefore urge you to grant a full Fee Waiver on our current rates notice.

In support of such full waiver, we have included extracts from the relevant sections of the Victorian Local Government Act 1989, below.

Best regards, and in anticipation of a positive result

Signed  xxxxx 

All Rights Reserved

 

and Insert the LOCAL GOVERNMENT ACT for your State  

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Acts for all States  

LOCAL GOVERNMENT ACT 1993    Act No. 70 of 1993        Queensland

PART 6—CONCESSIONS

Resort to remission, composition, settlement or deferral requires justification

629.(1) A local government may exercise a power under section 627

(Remission, composition and settlement of rates) or 628 (Deferral of

liability to pay rates) only if—

       (2) Circumstances or factors that may justify the exercise of the power include

(a) that an owner of the land concerned is—

        (i)    a pensioner; or

        (ii)   an entity whose objects do not include the making of profit; or

        (iii)  an entity that provides assistance or encouragement for the arts or cultural development; and

(b) that payment of the rate would cause the owner of land hardship;

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LOCAL GOVERNMENT ACT 1993 No. 30           NEW SOUTH WALES 

PART 7—PAYMENT OF RATES AND CHARGES

Writing off of accrued interest

  1. The council may write off accrued interest on rates or charges

payable by a person if, in its opinion:

(a) the person is unable to pay the accrued interest for reasons beyond

     the person’s control; or

(b) payment of the accrued interest would cause the person hardship

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________________________________________________________________                                      Local Government Act 1989 No. 11 of 1989    Victoria 

PART 7—FINANCIAL PROVISIONS

Power to defer or waive payments

  1. (1) A Council may waive the payment by a person of the whole

or part of any money payable by the person to the Council for a

particular purpose or as a condition of any agreement or arrangement

which has not been performed or which has been only partly performed whether by that person or the Council.

         (2) Sub-section (3) applies—

(a) to a person who owes any money (other than rates and

charges) to a Council for any act, matter or thing done by

the Council or for a particular purpose or as a condition of

any agreement or arrangement; and 

(b) if the Council considers that the payment of the money

would cause hardship to the person.

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LOCAL GOVERNMENT ACT 1999 No. 62 of 1999       South Australia 

DMSION 9-IMPOSmON AND RECOVERY OF RATES AND CHARGES

Remission and postponement of payment

  1. (1) If a council is satisfied on the application of a ratepayer that payment of rates in accordance with this Act would cause hardship, the council may-

         (a)   postpone payment for such period as the council thinks fit;   or

         (b)   remit the rates in whole or in part.

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LOCAL GOVERNMENT ACT 1993 No. 95 of 1993   Tasmania

Division 9-Liability and payment of rates 

Postponement of payment

    125-(1) A ratepayer may apply to the council for a postponement of payment of rates on the ground of hardship.

        (2) An application is to be-

            (a) made in writing; and

            (b) lodged with the general manager.

   126-(1) A council may grant a postponement of the

payment of rates for a specified period if satisfied that such

payment would cause hardship.

(2) A council may grant a postponement of payment of rates-

           (a) on the condition that the ratepayer pay interest on

the amount of rates postponed at a rate fixed by the council; or

           (b) on any other condition the council determines.

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LOCAL GOVERNMENT ACT 1995 (No. 74 of 1995)       Western Australia 

Subdivision 4 — Payment of Rates and Service Charges

Options for payment of rates or service charges

Concessions

6.47. Subject to the Rates and Charges (Rebates and

Deferments) Act 1992, a local government may at the time of

imposing a rate or service charge or at a later date resolve to

waive* a rate or service charge or resolve to grant other

concessions in relation to a rate or service charge.

* Absolute majority required

Regulation of grant of discounts and concessions

6.48. Regulations may prescribe circumstances in which a local

government is not to exercise a power under section 6.46 or 6.47

or regulate the exercise of the power.

 

 

 

 

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