Housing (Mortgage Allowance) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 606/2001
• Year: 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 14th day of February, 1991 and before the 1st 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 1st day of May, 1995, and before the 15th 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 15th 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

Reference Number Period Amount Amount Amount (1) (2) (3) (4) (5) 1 Period of twelve months commencing on the date the loan or the final part thereof, as the case may be, is made to the borrower. IR£1,000 before 1 January 2002 and €1,269.74 on or after 1 January 2002 IR£1,400 before 1 January 2002 and €1,777.63 on or after 1 January 2002 IR£2,800 before 1 January 2002 and €3,560 on or after 1 January 2002 2 Period of twelve months commencing on the day next following the end of the period specified in this column at reference number 1 in column (1). IR£800 before 1 January 2002 and €1,015.79 on or after 1 January 2002 IR£1,100 before 1 January 2002 and €1,396.71 on or after 1 January 2002 IR£2,200 before 1 January 2002 and €2,800 on or after 1 January 2002 3 Period of twelve months commencing on the day next following the end of the period specified in this column at reference number 2 in column (1). IR£600 before 1 January 2002 and €761.84 on or after 1 January 2002 IR£800 before 1 January 2002 and €1,015.79 on or after 1 January 2002 IR£1,600 before 1 January 2002 and €2,040 on or after 1 January 2002 4 Period of twelve months commencing on the day next following the end of the period specified in this column at reference number 3 in column (1). IR£500 before 1 January 2002 and €634.87 on or after 1 January 2002 IR£700 before 1 January 2002 and €888.82 on or after 1 January 2002 IR£1,400 before 1 January 2002 and €1,780 on or after 1 January 2002 5 Period of twelve months commencing on the day next following the end of the period specified in this column at reference number 4 in column (1). IR£400 before 1 January 2002 and €507.90 on or after 1 January 2002 IR£500 before 1 January 2002 and €634.87 on or after 1 January 2002 IR£1,000 before 1 January 2002 and €1,270 on or after 1 January 2002

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 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;

(b) a contract for the purchase of the house provided is made by the borrower on or after the 14th 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 14th day of February 1991 and before the 15th 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 15th 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...