Page 1897 - Week 06 - Thursday, 2 May 1991
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The particular clause of the Bill, proposed section 21B(4), provides for an application for a rebate to be signed by the applicant, but it is not considered necessary to legislate to provide specifically for persons who, through some disability, age, dementia or whatever, are unable to sign documents. A person authorised by power of attorney to act on behalf of the applicant will be able to sign an application on behalf of the pensioner. It should be pointed out that the word "signature" has a legal definition. Stroud's Judicial Dictionary of Words and Phrases states that, in English law, a signature may be in initials only, by mark, rubber stamp, or proxy. In some contexts, it has been held enough to write a note on paper on which the party's name was printed. So, all in all, we were aware of that quite valid concern and, as far as we are concerned, that should not preclude anyone from being eligible to get this rebate.
Another question was whether consideration will be given to pensioners entering nursing homes or hostels which then become their principal place of residence. I think that is the point that the Chief Minister also referred to. The property for which people receive the rebate of rates must be their principal place of residence. I think personally that that is a quite fair requirement. Needless to say, it does not apply to persons who may be spending some extended time in a nursing home or a hospital, for clearly that would not be their principal place of residence. A person can have only one principal place of residence and where a pensioner enters a hostel or a nursing home on a permanent basis the rebate on their former home will cease.
I personally have no difficulty with that. The whole purpose of this rebate scheme is to subsidise persons who are living in that property. Clearly, if someone is in a nursing home or a hospital on a permanent basis, the property almost invariably will be let or will be occupied by another member of that person's family. In that case, the purpose of this rebate, I think, no longer exists.
A further question that Mrs Grassby raised was whether holders of the seniors card would be eligible for a rebate of rates in the future. Basically, the answer is that the seniors card is really irrelevant to the whole issue. To qualify as an eligible person for a rebate of rates an applicant is required to be means tested. Basically, this ensures that the person is in receipt of a pension or benefit prescribed under certain specific sections of the Social Security Act 1947 and the Veterans' Entitlements Act 1986.
Persons in receipt of a seniors card, which is means test free, are not automatically entitled to a rebate as the criterion for issuing that card rests only on the person being of the age of 60 or more. Frankly, some very wealthy people are in receipt of a seniors card for the simple reason that they have attained the age of 60 - something
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