S.I. No. 606/2001 - Housing (Mortgage Allowance) Regulations, 2001

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

Abbeylands

Mountsion

Christendom

Newtown

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.

Dated this 17

th

day of December, 2001.

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.

Dated this 19

th

day of December, 2001.

Charlie McCreevy

_____________________________

Minister for Finance.

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.

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

Castletroy

Rivers

Part VI

Included areas of the administrative county of Clare

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

Athlunkard

Knockballynameath

Ballykeelaun

Kilquane

Fairyhill

Parteen

Garraun

Quinspool South

Gortatogher

Part VII

Included areas of the administrative county of Wicklow

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

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:-