STATUTORY INSTRUMENTS

S.I. No. 606 of 2001

Housing (Mortgage Allowance) Regulations, 2001

Dublin:

Published by the Stationery Office.

To be purchased from the Government Publications Sale Office,

Sun Alliance House,

Molesworth Street,

Dublin 2.

S.I. No. 606 of 2001

Housing (Mortgage Allowance) Regulations, 2001

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Housing Act, 1966 ( S.I. No. 21 of 1966 ), as amended by section 3 of the Housing Act, 1988 ( S.I. No. 28 of 1988 ), and by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 ( S.I. No. 18 of 1992 ), 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, 2001.

2.      (1)      In these Regulations, any reference to a Schedule or article is a reference to a Schedule or article of these Regulations and any reference to a sub-article is a reference to a sub-article of the article in which the reference occurs.

(2)      In these Regulations--

“house” has the meaning given to it by the Housing (Miscellaneous Provisions) Act, 1979 ( S.I. No. 27 of 1979 );

“the Minister” means the Minister for the Environment and Local Government;

“tax reference number” means--

(a)      in the case of a person paying income tax under PAYE, the Personal Public Service Number (PPSN) stated on any determination of tax credits issued to that person by an inspector of taxes, or

(b)      in the case of a self-employed person or a company, the reference number stated on any return of income form or notice of assessment issued to that person or company by an inspector of taxes.

3.       These Regulations shall apply to a subsidy (hereinafter referred to as “a mortgage allowance”) payable by the Minister under section 3 of the Housing Act, 1988 , towards loan charges incurred by a person (hereinafter referred to as “the borrower”) in respect of a loan made by an assurance company, a bank, a building society, a credit union, any other industrial or commercial organisation or a housing authority for the acquisition or construction of a house (hereinafter referred to as “the house provided”).

4.       A function which under these Regulations is to be discharged by a housing authority (hereinafter referred to as “the appointed authority”), shall be discharged--

(a)     where the house provided is situate in a county health district (inclusive of any town having commissioners under the Towns Improvement (Ireland) Act, 1854) or an urban district, other than the urban districts of Athlone, Bray or Dundalk, by the council of the county in which such county health district or urban district is situate,

(b)     where the house provided is situate in a county borough or borough, by the corporation of such county borough or borough, and

(c)     where the house provided is situate in the urban district of Athlone, Bray or Dundalk, by the council of such urban district.

5.      (1)                 Where the mortgage securing the loan for the acquisition or construction of the house provided is created on or after the 14^th day of February, 1991 and before the 1^st day of May, 1995 the amount of the 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.

(2)                Where the mortgage securing the loan for the acquisition or construction of the house provided is created on or after the 1^st day of May, 1995, and before the 15^th day of June, 2000 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 (4) 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.

(3)                Where the mortgage securing the loan for the acquisition or construction of the house provided is created on or after the 15^th day of June, 2000 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 (5) 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

6.        A mortgage allowance may be paid to the lender of a loan in monthly instalments (or by such other periodic payments as the Minister may determine) and the lender shall, upon the receipt of any such instalment (or other periodic payment), credit it as if it were a payment by the borrower in respect of the loan.

7.        A mortgage allowance shall not be paid unless--

(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,

(iii)     as a tenant whose tenancy is of not less than one year's duration of a house provided by an approved housing body under the Rental Subsidy or Capital Assistance Schemes who return their dwelling to the Voluntary body for reletting,

on or after the 14^th 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;

(b) a contract for the purchase of the house provided is made by the borrower on or after the 14^th day of February, 1991, or where the borrower has the house built on a site he has available, the foundations are completed on or after that date;

(c)  the amount of the loan for the acquisition or construction of the house provided is not less than

(i)      IR£10,000 before 1 January 2002 and €12,697.38 on or after 1 January 2002 where such a loan has been created on or after the 14^th day of February 1991 and before the 15^th day of June 2000 or

(ii)     IR£30,000 before 1 January 2002 and €38,000 on or after 1 January 2002 where such a loan has been created on or after the 15^th day of June 2000;

(d)  the house provided is, in the opinion of the appointed authority, suitable for the needs of the borrower and of those persons who might reasonably be expected to reside with him;

(e)  the borrower furnishes to the appointed authority his tax reference number and details of his tax district and a statement that, to the best of his knowledge, his tax affairs are in order;

(f)   where the house provided has not previously been occupied by any other person--

(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 or

VII.     the county borough of Limerick, or

VIII.    the areas of the administrative county of Limerick specified in Part V of the Schedule, or

IX.      the areas of the administrative county of Clare specified in Part VI of the Schedule, or

X.       the urban district of Arklow, or

XI.      the areas of the administrative county of Wicklow specified in Part VII of the Schedule, or

XII.    the borough of Drogheda, or

XIII.   the areas of the administrative county of Meath specified in Part VIII of the Schedule, or

XIV.   the urban district of Dundalk, or

XV.    the borough of Wexford, or

XVI.   the area of the administrative county of Wexford specified in Part IX of the Schedule, or

XVII.  the areas of the administrative county of Kildare specified in Part X of the Schedule, or

XVIII. the county borough of Galway, or

XIX.   the town of Leixlip, or

XX.    the urban district of Naas, or

XXI.   the county borough of Waterford, or

XXII.  the areas of the administrative county of Kilkenny specified in Part XI of the Schedule

unless 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

(ii) the borrower furnishes to the appointed authority in respect of the contractor carrying out the construction works to the house or, where there is more than one such contractor, in respect of each contractor, the contractor's name, address, tax reference number and tax district and the number and expiry date of a certificate of authorisation issued to the contractor by the Revenue Commissioners or of a tax clearance certificate issued to the contractor by the Collector General of the Revenue Commissioners;

(g)      on completion of the purchase of the house provided or, where the borrower has the house built on a site he has available, on completion of its construction, the borrower occupies the house as his normal place of residence;

(h)      the borrower applies to the appointed authority for the allowance.

8.       (1)     A mortgage allowance, and any instalments thereof, shall cease to be payable in the event of--

(a)      the borrower ceasing to occupy the house provided as his normal place of residence, or

(b)      the lender of the loan applying to a court for an order for possession of the house.

(2)     Notwithstanding sub-article (1) (a), any balance of a mortgage allowance in respect of the loan for the acquisition or construction of the house provided may, where the borrower acquires or constructs another house for his own occupation, be paid in respect of a loan made to the borrower for the construction or acquisition of that other house, as if that other house were the house provided.

(3)     Notwithstanding sub-article (1) (b), where a mortgage allowance has ceased to be payable in accordance with that sub-article it may again become payable if the application to the court for possession of the house is not proceeded with or an order for possession granted by the court is not executed, upon the Minister being satisfied that the borrower has reached an agreement with the lender of the loan in relation to the matter on which the application for possession was grounded and payment may be made of any portion of the allowance that would have been payable, had the said application not been made, in respect of the period from the date of the making of the application.

9.       Not more than one mortgage allowance shall be payable by virtue of the surrender of any one house in accordance with article 7 (a) (i).

10.     A mortgage allowance shall not be paid in respect of a loan for the acquisition or construction of a house where--

(a)  such house is held by the borrower under a shared ownership lease granted by a housing authority under section 2 of the Housing (Miscellaneous Provisions) Act, 1992 , or

(b)  works are carried out to such house under section 5 of the Housing (Miscellaneous Provisions) Act, 1992 , for the benefit of the borrower or any person who might reasonably be expected to reside with him.

11.     The Housing (Mortgage Allowance) Regulations, 1993 ( S.I. No. 32 of 1993 ) and the Housing (Mortgage Allowance) Regulations, 1993 (Amendment) Regulations 1998 ( S.I. No. 153 of 1998 ) are hereby revoked.

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

The District Electoral Divisions of:--

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

Part III

Excluded areas of the administrative county of South Dublin

The Electoral Divisions of :-

That part of the Electoral Division of Ballinascorney situated south of an imaginary line drawn as follows:-

Commencing at the junction of Kiltipper and Killinarden Road, thence in a westerly direction to the junction of Blessington Road and Mill Road.

That part of the Electoral Division of Bohernabreena situated south of an imaginary line drawn as follows:-

Commencing at the junction of Kiltipper Road and Ballymanna Lane, thence in an easterly direction to the junction of Daletree Road and Oldcourt Road.

Part IV

Included areas of the administrative county of Cork

1.       The District Electoral Divisions of:--

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

Part V

Included areas of the administrative county of Limerick

1.       In the District Electoral Division of Ballycummin, the townlands of:--

2.       In the District Electoral Division of Limerick North Rural, the townlands of:--

3.       In the District Electoral Division of Ballysimon, the townlands of:--

4.       In the District Electoral Division of Limerick South Rural, the townlands of:--

5.       In the District Electoral Division of Ballyvara, the townlands of:--

Part VI

Included areas of the administrative county of Clare

In the District Electoral Division of Ballyglass, the townlands of:--

Part VII

Included areas of the administrative county of Wicklow

1.       In the District Electoral Division of Kilbride (Arklow), the townlands of:--

2.       In the District Electoral Division of Arklow Rural, the townland of:-- Moneylittle

Part VIII

Included areas of the administrative county of Meath

In the District Electoral Division of St. Mary's, the townlands of:--

Part IX

Included area of the administrative county of Wexford

The included area of the administrative county of Wexford is all that area comprised between the existing borough boundary and an imaginary line drawn as follows:

From a point on the coast at Wexford Harbour, along the north eastern townland boundaries of Tincone and Crosstown in a north westerly direction to regional road No. 741-25; thence along regional road No. 741-25 in a northerly direction to the junction with local road No. LS 7010-02, then along local road No. LS 7010-02 in a south-westerly direction for 400 metres; thence north for 150 metres, then turning in a westerly direction along the southern-most boundary of Crosstown cemetery (excluding the cemetery) until reaching the eastern bank of the River Slaney.

From a point on the western bank of the River Slaney, along the northern and eastern boundaries of Townparks townland, to the junction of regional road No. 730-16 and local road No. LP 3010-01, then west along regional road No. 730-16 to the junction with local road No. LT 30123 at Park townland; thence south along local road No. LT 30123 to the junction with local road No. LP 3012-01, then along the western boundary of Carricklawn townland, until it meets the regional road No. 769-02 at Wexford racecourse; thence in an easterly direction along the regional road No. 769-02 for 300 metres; thence traversing the eastern and southern boundaries of Wexford racecourse (excluding the racecourse) until meeting Coolcotts Lane (local road No. LP 3013-01); thence turning west along Coolcotts Lane for 130 metres, and south along the western boundary of Townparks townland until it reaches local road No. LP 3014-01; thence crossing Clonard Little townland in a southerly direction until it reaches regional road No. 733-22; thence crossing east along the townland boundary of Killeens and then crossing the townland at Ballynagee and the southern townland boundary of Whiterock North, until it reaches local road No. LP 3016-01 at Whiterock Hill; thence traversing the townland of Whiterock South, along the western, northern and eastern boundaries of Wexford golf course (excluding the golf course) until it reaches Mulgannon Lane (local road No. LP 3039-01); thence crossing the townland of Mulgannon as far as the townland boundary, and travelling north east along this townland boundary for 250 metres and then crossing Rocksborough townland as far as local road No. LP 3039-01 and on to the junction with regional road No. 730-18 at Kerlogue; thence travelling north along regional road No. 730-18 to Wexford Town until reaching the southern townland boundary of Maudlintown, and from there crossing east along this townland boundary to the coast at Wexford Harbour.

Part X

Included areas of the administrative county of Kildare

1.       In the Electoral Division of Celbridge, the townlands of

2.       In the Electoral Division of Donaghcumper, the townlands of

Part XI

Included areas of the administrative county of Kilkenny

1.       In the Electoral Division of Ferrybank, the townlands of

2.       In the Electoral Division of Ferrybank, that part of the townland of Belmount defined by the western boundary of the hospital grounds and the northern, western and southern townland boundary west of the boundary of the hospital.

3.       In the Electoral Division of Ferrybank, that part of the townland of Rathculliheen defined by the eastern townland boundary from its southern most point northwards to the railway line, a line westwards along the railway for 320 metres, a line northward along a private road for 110 metres and a line northwestwards along the field boundary to meet the western townland boundary, the western townland boundary and the southern townland boundary.

4.       In the Electoral Division of Ferrybank, that part of the townland of Rockshire defined by the townland boundary on the west, south and east and along the field boundaries eastwards from where the townland boundary meets the road to the middle northwestern corner of the Belmount townland boundary.

The Minister for Finance hereby consents to the foregoing Regulations.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations provide for

i.         increase in allowance

ii.        increase in minimum mortgage requirement

iii.       appropriate Euro amounts.

iv.       compliance with the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations, 2000

v.       allow residents in Rental Subsidy and Capital Assistance Schemes to avail of the scheme after more than one year's residence.