Body corporate isn’t proving rebate to pensioner

THE problem of pensioners, who’ve been granted rebates on rates and other services, being able to receive them from body corporates has been raised as an issue this week.

Rathan Garrib applied to the council for a rates and services rebate on December 10 last year in terms of its new dispensation, Siyasizana, which grants a 100 percent rebate to pensioners over 70 who live in their own homes.

This was granted and he was given an expanded social package (ESP) certificate confirming his status.

However, Garrib is battling to get the rebates from the body corporate of the Buccleuch complex in which he lives.

Decisions about the rebates are made by the trustees and managing agents. Both say it is the city’s and not their duty to make the deductions.

The city, in turn, says it cannot do it and that the managing agent should.

“As the full rebates have been granted, refusal by the agents to deduct the amount for services means that, in spite of the exemption, I have to pay for the services,” Garrib says. “I consider this a travesty. Why should I pay for something that has been fully rebated?”

Attorney Chantelle Gladwin says the issue is common.

She says the billing department has either not been told that the rebate should apply, or has been told but has not actioned it.

Garrib, she says, needs to follow the standard dispute resolution process as outlined in the city’s debt collection and credit control policy, section 16.

Gladwin explains the steps to be taken: But Garrib, she says, should also note that there are a number of different rebates. He should be entitled to both ESP and pensioner rates rebates.

“Note that some rebates must be applied for every six months and the rates rebate must be applied for separately which may be what the client was not told, and perhaps why he has not received the rebate even though he got the ESP certificate.”

Gladwin says should be noted that the rebate given by the ESP does not necessarily mean one gets a 100 percent rebate on all services. It depends on how povertystricken the customer gets – there are different bands of rebates that could apply.

“What is happening here is that the trustees are being told by the owner that he qualifies for a certain rebate, but the city is billing the body corporate fully without taking that rebate into account.

“The body corporate would need to apply to the city to discount it off the bulk bill, using the proof of approval given to the client, and the city should then pass on the owner’s rebate to the body corporate, so that the body corporate can pass it on to the owner without ending up out of pocket itself.”

If the body corporate doesn’t come right, it would need to follow the dispute resolution process set out in the city’s policies.

The owner could also institute arbitration proceedings against the body corporate to compel it to pass on the discount, but I don’t see the owner succeeding in this unless the city is already giving the body corporate the discount. See links below: http://www.joburg.org.za/ images/stories/2015/October/ OctPDFs/Credit_Control_ Policy_Review_Annexure%20 to%20Item%203%20.pdf).

http://www.joburg.org. za/index.php?option=com_ content&id=2628&Itemid =168&limitstart=2.

Managing agents and trustees say the city must do the deducting