Housing Regulations, 1980 (Amendment) Regulations, 1996

• Jurisdiction: Ireland
• Year: 1996
• Citation: IR SI 148/1996

S.I. No. 148 of 1996.

HOUSING REGULATIONS, 1980 (AMENDMENT) REGULATIONS, 1996

In exercise of the powers conferred on the Minister for the Environment by section 5 of the Housing Act, 1966 (No. 21 of 1966), as amended by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), and by section 11 of the Housing (Miscellaneous Provisions) Act, 1992 , which powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 3 of 1995 ), I, Liz McManus, Minister of State at the Department of the Environment, hereby make the following Regulations:— 1. These Regulations may be cited as the Housing Regulations, 1980 (Amendment) Regulations, 1996. 2. In these Regulations—

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

"the Regulations of 1982" means the Housing Regulations, 1980 (Amendment) Regulations, 1982 ( S.I. No. 177 of 1982 );

"the Regulations of 1985" means the Housing Regulations, 1980 (Amendment) Regulations, 1985 ( S.I. No. 223 of 1985 );

"the Regulations of 1986" means the Housing Regulations, 1980 (Amendment) Regulations, 1986 ( S.I. No. 386 of 1986 );

"the Regulations of 1992" means the Housing Regulations, 1980 (Amendment) Regulations, 1992 ( S.I. No. 30 of 1992 ). 3. Article 31 of the Regulations of 1980 (as substituted by the Regulations of 1982 and amended by the Regulations of 1992) is hereby amended by the substitution for the Table to that article of the following Table:

"

TABLE

Reference Number Period Amount of Loan Island in Second Schedule Any Other Case (1) (2) (3) (4) 1 On or after the 1st day of September, 1978, and before the 6th day of February, 1979. £ 9,000 £ 9,000 2 On or after the 6th day of February, 1979, and before the 1st day of February, 1980. £10,000 £ 9,000 3 On or after the 1st day of February, 1980, and before the 10th day of April, 1981. £13,000 £12,000 4 On or after the 10th day of April, 1981, and before the 1st day of February, 1984. £15,000 £14,000 5 On or after the 1st day of February, 1984, and before the 5th day of June, 1986. £17,000 £16,000 6 On or after the 5th day of June, 1986, and before the 14th day of February, 1991. £22,000 £21,000 7 On or after the 14th day of February, 1991, and before the 1st day of May, 1995. £26,000 £25,000 8 On or after the 1st day of May, 1995. £35,000 £33,000

" 4. Article 31A of the Regulations of 1980 (as inserted by the Regulations of 1982 and amended by the Regulations of 1985) is hereby amended by the substitution for sub-article (2) of the following sub-article:

"(2) Sub-article (1) shall not apply in the case of a person:

(a) whose—

(i) existing accommodation is unfit for human habitation, is overcrowded or is otherwise materially unsuitable having regard to the housing needs or health requirements of the occupants, or

(ii) marriage has been dissolved or annulled by order of a court of competent jurisdiction, or who is separated from his or her spouse under an order of such court or by a deed of separation,

and who satisfies the housing authority making the loan that he or she is in need of housing and that failure to make the loan would cause undue hardship, or

(b) who is in occupation of a house which was provided or which is or was owned by a housing authority and that person satisfies the housing authority making the loan that, on the making of the loan, he or she will, without compensation, provide them or another housing authority with vacant possession of the house by surrendering the tenancy or by conveying the house to the authority." 5. The Regulations of 1980 are hereby amended by the insertion of the following article after article 32:

"32A (1) In the case of a loan—

(a) for the construction of a house the foundations of which were completed on or after the 1st day of May, 1995, or

(b) for the acquisition of a house the contract for the acquisition of which was made on or after the 1st day of May, 1995,

a loan shall not be made unless the application of the income eligibility formula by the housing authority results in an amount not in excess of £35,000.

(2) Sub-article (1) shall not apply in the case of a loan to a person who-

(a) is in occupation of a house which was provided or which is or was owned by a housing authority and that person satisfies the housing authority making the loan that, on the making of the loan, he or she will, without compensation, provide them or another housing authority with vacant possession of the house by surrendering the tenancy or by conveying the house to the authority,

(b) has been included in the most recent assessment made by a housing authority under section 9 of the Housing Act, 1988 (No. 28 of 1988) or has been accepted by a housing authority, after the making of such assessment, for inclusion in the next such assessment, or

(c) is a tenant, for a period of not less than one year, of a house provided by a body approved of under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 and in respect of which a subsidy towards the rent is paid by a housing authority under section 7 of the said Act and who satisfies the authority making the loan, that, on the making of the loan, he or she will, without compensation, provide the approved body with vacant possession of the house by surrendering the tenancy to the body.

(3) Article 32 of the Regulations of 1980 (as substituted by the Regulations of 1982 and amended by the Regulations of 1986) and article 4 of the...