Housing Regulations, 1980 (Amendment) Regulations, 1982.

JurisdictionIreland
CitationIR SI 177/1982
Year1982

S.I. No. 177 of 1982.

HOUSING REGULATIONS, 1980 (AMENDMENT) REGULATIONS, 1982.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 and 39 of the Housing Act, 1966 (No. 21 of 1966) and by sections 4 , 6 , 8 and 18 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), with the consent of the Minister for Finance, hereby makes the following Regulations:

1 Citation.

1. These Regulations may be cited as the Housing Regulations, 1980 (Amendment) Regulations, 1982.

2 Interpretation.

2. In these Regulations—

"the Regulations of 1980" means the Housing Regulations, 1980 ( S.I. No. 296 of 1980 ).

3 Previous grants or subsidies.

3. Article 9 of the Regulations of 1980 is hereby amended by the insertion of the words "or financial assistance under section 18 of the Redundancy Payments Act, 1971 (No. 20 of 1971)" after the words "section 11 of the Act of 1979".

4 Grants for accommodation of handicapped and mentally ill.

4. Article 22 of the Regulations of 1980 is hereby amended by the substitution of the following sub-article for sub-article (4)—

"(4) Where a grant is paid in accordance with sub-article (1), the Minister may make to the housing authority a contribution which shall not exceed half of the amount of the grant and which shall not exceed—

( a ) £400, in the case of works commenced before the 1st day of November, 1977, or

( b ) £1,200, in the case of works commenced on or after the 1st day of November, 1977, and before the 10th day of April, 1981, or

( c ) £2,000, in the case of works commenced on or after the 10th day of April, 1981.".

5 Amounts of loans.

5. The Regulations of 1980 are hereby amended by the substitution of the following article for article 31—

"31. (1) in the case of a loan for the construction of a house the foundations of which were completed during a period specified in column (2) of the Table to this article at any reference number in column (1) of such Table, or in the case of a loan for the acquisition of a house the contract for the acquisition of which was made during that period, the amount of the loan shall not exceed 95% of the value of the house (excluding the amount of any grant paid under any enactment to the borrower in respect of such construction or acquisition) and shall not exceed—

( a ) the amount specified in column (3) of such Table at that reference number, where such house is located on an island specified in the Second Schedule,

or

( b ) the amount specified in column (4) of such Table at that reference number in any other case.

(2) For the purposes of this article, the expressions "construction of a house" and "acquisition of a house" shall be deemed to include the provision of a site.

TABLE

Amount of loan

Period

Island in Second Schedule

Any other case

(2)

(3)

(4)

On or after 1st September, 1978, and before 6th February, 1979

£9,000

£9,000

On or after 6th February, 1979, and before 1st February, 1980

£10,000

£9,000

On or after 1st February, 1980, and before 10th April, 1981

£13,000

£12,000

On or after 10th April, 1981

£15,000

£14,000

"

6 Ownership and occupation of houses.

6. The Regulations of 1980 are hereby amended by the insertion of the following article after article 31—

"31A. (1) A loan shall not be made to a borrower or to the spouse of such person where the borrower or the spouse of such person, either separately or with each other, has previously purchased or built for his or their own occupation another house in the State, unless the application from such borrower for the loan was received by the housing authority before the 15th day of May, 1981.

(2) The provisions of sub-article (1) shall not apply in the case of a borrower who has satisfied the housing authority making the loan that he is in need of rehousing by reason of the fact that his existing house is unfit for human habitation.

(3) ( a ) For the purpose of establishing if a loan may be made to a borrower in accordance with sub-article (1), save for the provisions of paragraph (b) such person shall furnish to the housing authority making the loan a certificate from an inspector of taxes that the person and his spouse, if any, had not previously claimed income tax relief in respect of interest paid under a mortgage or other charge relating to the purchase or erection of a house.

( b ) Where the person satisfies the housing authority that it is not reasonably practicable to obtain such a certificate, there may be furnished in lieu thereof such other evidence as will satisfy the housing authority that the loan may be made.".

7 Financial circumstances of applicants.

7. The Regulations of 1980 are hereby amended by the substitution of the following article for article 32—

"32. (1) In the case of a loan for the construction of a house the foundations of which were completed on or after the 1st day of February, 1980 or in the case of a loan for the acquisition of a house the contract for the acquisition of which was made during that period, a loan shall not be made in accordance with article 31 unless—

( a ) where the borrower derives his income solely or mainly from the pursuit of agriculture, the rateable valuation, or the aggregate of the rateable valuations, of the land (if any) and buildings occupied by him does not exceed £44,

( b ) where the borrower derives his income solely or mainly from the pursuit of agriculture on land occupied by a parent of the borrower, the rateable valuation, or the...

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