HL Deb 21 March 1990 vol 517 cc392-3WA
Lord Westbury

asked Her Majesty's Government:

What measures have been taken to provide for different levels of standard community charge to be applied according to the different circumstances of properties or individuals.

The Parliamentary Under-Secretary of State, Department of the Environment (Lord Hesketh)

The standard community charge applies where domestic property is not used as a sole or main residence. Charging authorities may levy the standard charge by applying one of a choice of five multipliers (either 0, ½, 1, 1 ½ or 2) to their personal community charge. However, different multipliers may be applied for certain prescribed or specified classes of property.

We have prescribed that no standard charge will be payable for the classes of property listed in Table 1 below. We have also prescribed that for the classes of property listed in Table 2 below the standard community charge multiplier may not exceed one. These provisions will ensure that in an important number of cases either total or partial relief is guaranteed. In particular, no charge is payable for up to three months on property which is unoccupied and unfurnished (for example, because it is for sale); until three months after probate where a property is vacant because of the death of the owner; and for up to 12 months where a property is empty because the occupier has moved elsewhere either to care for another person or to be cared for by another person.

Charging authorities may also set different standard community charge multipliers for classes of property specified by reference to one or more of the factors listed in Table 3 below. This for instance allows authorities the discretion to extend the periods of total relief applying to any class of property prescribed by the Secretary of State, and the discretion to take account of special circumstances, for example where properties give rise to the standard charge because the owner is required to live elsewhere in tied accommodation as a condition of his or her employment. The Department of the Environment has given advice to local authorities on the scope and exercise of the discretion.

We understand that many authorities have already made good use of these provisions. However, we are concerned that other authorities have not chosen to make reasonable use of the discretion available to them. We shall be monitoring local authority practice closely in the first months of the next financial year and, if necessary, we shall have to consider further prescription by the Secretary of State for 1991–92.

Table 1: Types of property for which the Government has specified a maximum standard charge of 0

Unoccupied and unfurnished property requiring structural repair work to render it habitable, including unoccupied property with respect to which fewer than six months have elapsed since the day on which the work was completed.

Newly-built unoccupied and unfurnished property or property which is being structurally altered, including property in respect of which fewer than six months have elapsed since the day on which the works were complete.

Unoccupied and unfurnished property in respect of which fewer than three months have elapsed since the date it was last occupied.

Property which has been empty for fewer than 12 months because the owner is living in a hospital or residential care home.

Property which has become vacant on death and in respect of which either probate or letters of administration has been obtained or fewer than three months have elapsed since grant of probate or letters of administration.

Property whose occupation is prohibited by law.

Empty vicarages pending the arrival of the new incumbent.

Properties which have been empty for fewer than 12 months because the owner has gone to be cared for in someone's home or the carer has left their own home empty to care for someone else.

Table 2: Types of property for which the Government has prescribed a maximum multiplier of 1

Caravans (that is, mobile homes on protected sites).

Property which may not be occupied throughout the year because of local planning conditions imposed on it.

Table 3: Factors which charging authorities may take into account in specifying standard community charge classes

The use to which properties are put or intended to be put.

Whether properties are occupied.

The period for which properties have been unoccupied.

The circumstances, other than financial circumstances, of persons subject to standard charges.

The capacity in which persons are subject to standard charges.

Whether properties fall within a class prescribed by the Secretary of State.

The periods for which unoccupied properties have previously been occupied.

The periods for which properties would have been unoccupied if all or some periods of occupation were treated as periods during which the properties were unoccupied.

In the case of properties comprised in a deceased's estate, the period which has elapsed since a grant of probate or of letters of administration was made.