S.I. No. 153/1998:

HOUSING (MORTGAGE ALLOWANCE) REGULATIONS, 1993 (AMENDMENT) REGULATIONS, 1998.

HOUSING (MORTGAGE ALLOWANCE) REGULATIONS, 1993 (AMENDMENT) REGULATIONS, 1998.

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Housing Act, 1996 (No. 21 of 1966), as amended by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), and by section 3 of the Housing Act, 1988 (No. 28 of 1988), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I Robert Molloy, Minister of State at the Department of the Environment and Local Government, with the consent of the Minister for Finance, hereby make the following Regulations:--

1. These Regulations may be cited as the Housing (Mortgage Allowance) Regulations, 1993 (Amendment) Regulations, 1998.

2. In these Regulations "the Regulations of 1993" means the Housing (Mortgage Allowance) Regulations, 1993 ( S.I. No. 32 of 1993 ).

3. Article 5 of the Regulations of 1993 shall apply where the mortgage securing the loan for the acquisition or construction of the house provided is created before 1st day of May, 1995.

4. The Regulations of 1993 are hereby amended by the insertion after article 5 of the following article:

"5A Where the mortgage securing the loan for the acquisition or construction of the house provided is created on or after the 1st day of May, 1995, the amount of a mortgage allowance that may be paid in respect of the loan during a period specified in column (2) of the Table to this article at any reference number in column (1) shall not exceed the amount specified in column (3) of the Table at that reference number or the amount of the loan charges incurred by the borrower in respect of the loan during that period, whichever is the lesser.

TABLE

5. Article 7 of the Regulations of 1993 is hereby amended by the substitution for--

(a) paragraph (a) of sub-article (1) of the following:

"(a) the borrower--

(i) as a tenant of a house owned by a housing authority or a body approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , or

(ii) as a person, or the successor in title of a person, who was the tenant of a house provided by a housing authority and who purchased the house from the authority, on or after the 14th day of February, 1991, provides a housing authority or the approved body, as the case may be, with vacant possession of that house by surrendering the tenancy or by conveying that house without compensation to the authority, free from arrears of rent or purchase annuities and, in the opinion of the authority, in a fit and tenantable condition;" and

(b) sub-paragraph (i) of paragraph (f) of sub-article (1) of the following:

"(i) if it is located in--

(I) the county borough of Dublin, or

(II) the administrative county of Dun Laoghaire-Rathdown other than the areas specified in Part I of the Schedule, or

(III) the administrative county of Fingal other than the areas specified in Part II of the Schedule, or

(IV) the administrative county of South Dublin other than the areas specified in Part III of the Schedule, or

(V) the county borough of Cork, or

(VI) the areas of the administrative county of Cork specified in Part IV of the Schedule.

the house has a principal means of space and water heating which uses electricity, gas or oil, or a solid fuel burning appliance of a type designed to use smokeless fuel, and".

6. The Regulations of 1993 are hereby amended by the substitution of the Schedule to these Regulations for the Schedule thereto.

SCHEDULE

Article 6

"SCHEDULE

PART I

Excluded areas of the administrative county of Dun Laoghaire-Rathdown

1. The District Electoral Division of Tibradden

2. That part of the District Electoral Division of Glencullen situated west of an imaginary line drawn as follows:--Commencing at the junction of Slate Cabin Lane and Woodside Road, thence in a south-easterly direction and proceeding along Woodside Road and Ballyedmonduff Road to the county boundary at Glencullen Bridge.

PART II

Excluded areas of the administrative county of Fingal

1. The District Electoral Division of--

2. That part of the District Electroal Division of Swords-Lissenhall situated north of the Broad Meadow River.

PART III

Excluded areas of the administrative county of South Dublin

The District Electoral Division of--

Ballinascorney

Bohernabreena

Newcastle

Rathcoole

Saggart

PART IV

Included areas of the administrative county of Cork

1. The District Electoral Divisions of--

Ballincollig

Douglas

Inishkenny

Lehenagh

Rathcooney

2. That part of the District Electoral Divisions of Bishopstown and St. Mary's not within the county borough of Cork."

Dated this 22nd day of April, 1998.

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 1st day of May, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for increases in mortgage allowances payable to certain tenants and tenant purchasers of local authority houses and for extension of entitlement to the allowances to tenants of approved housing bodies who surrender their tenancies.