S.I. No. 607/2001 - Housing (Disabled Persons and Essential Repairs Grants) 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 6 of the Housing (Miscellaneous Provisions) Act, 1979 (S.I. No. 27 of 1979), 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:

Citation

1.       These Regulations may be cited as the Housing (Disabled Persons and Essential Repairs Grants) Regulations, 2001.

Interpretation

2.       (1)  In these Regulations—

“approved cost”, in relation to improvement works, means the cost estimated by the housing authority to be the reasonable cost of carrying out the works or the actual cost of carrying them out, whichever is the lesser; “the Minister” means the Minister for the Environment and Local Government;

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

“the Regulations of 1993” means the Housing (Disabled Persons and Essential Repairs Grants) Regulations, 1993 ( S.I. No. 262 of 1993 );

“tax reference number” means—

(a)    in the case of a person paying income tax under PAYE, the Personal Public Service (PPS) Number 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.

(2)   In these Regulations, any reference to an article is a reference to an 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.

Application

3.       These Regulations, other than article 7, shall apply to grants and contributions in kind by housing authorities under section 6 of the Housing (Miscellaneous Provisions) Act, 1979 , to persons carrying out improvement works to houses, where such works are commenced on or after the 1st day of March, 1993.

Disabled Persons Grants

4.(1)  A housing authority may pay a grant to a person for the provision of additional accommodation or the carrying out of works of adaptation that, in the opinion of the authority, are reasonably necessary for the purpose of rendering a house more suitable for the accommodation of a member of the household who is either—

(a)     physically handicapped and the works are necessary for his or her proper accommodation, or

(b)     suffering from severe mental handicap or severe mental illness, for which he or she is undergoing treatment, and the works are necessary for his proper treatment and accommodation.

(2)      A grant under this article shall not exceed—

(a)      the approved cost of the works in the case of a house let by a housing authority pursuant to any of their functions under the Collective Citation 1966 to 1998.

(b)      in any other case, where works commenced during a period specified in column (2) of the Table to this sub-section of this article at any reference number in column (1) of such Table the amount specified in column (3) of such Table at that reference number.

Table

(3)     A grant shall not be paid under this article unless the member of the household to whom sub-article (1) refers occupies the house as his normal place of residence on completion of the works.

(4)     Where a grant is paid under this article in respect of works carried out to a house which has been erected for a period of more than 12 months, the Minister may make to the housing authority a contribution which shall not exceed the amount specified in column 3 of the Table to this sub-section of this article at any reference number in column 1 of such Table where works commenced during a period specified in column 2 of such Table at that reference number.

Table

(5)     Where a grant is paid under this article in respect of works carried out to a house which has been erected for a period of less than 12 months, the Minister may make to the housing authority a contribution which shall not exceed the amount specified in column 3 of the Table to this sub-section of this article at any reference number in column 1 of such Table where works commenced during a period specified in column 2 of such Table at that reference number. A grant shall not be paid under this sub-article in respect of works carried out to a house in respect of which a grant had been paid under Article 6 (3) of the Housing (New House Grants etc.) Regulations, 1990.

Table

Essential Repairs Grants

5. (1)     A housing authority may pay a grant to a person carrying out essential repairs to a house where, in the opinion of the authority, the repairs, whilst less than those appropriate to render the house fit in every respect, constitute repairs it considers are reasonably necessary to prolong the useful life of the house.

(2)     A grant under this article shall not exceed the approved cost of the repairs.

(3)     A grant shall not be paid under this article unless the house is occupied as a normal place of residence on completion of the repairs.

(4)     Where a grant is paid under this article, the Minister may make to the housing authority a contribution which shall not exceed the amount specified in column (3) of the Table to this sub-section of this article at any reference number in column (1) of such Table where works commenced during a period specified in column (2) of such Table at that reference number.

Table

Further conditions

5.       A grant shall not be paid under these Regulations unless—

(a)      the approved cost of the works is not less than IR£200 before 1 January 2002 and €253.95 on or after 1 January 2002 ;

(b)      the applicant for the grant furnishes to the housing 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;

(c)      in respect of the contractor carrying out the works or, where there is more than one such contractor, in respect of each contractor, the housing authority is furnished with 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.

Revocation

6.       The Regulations of 1993 are hereby revoked.

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)       the schemes of grants for the adaptation of houses for disabled persons and the carrying out of essential repairs to certain unfit houses;

(ii)      the payment of a Disabled Persons Grant, up to an effective maximum of £10,000 (€12,700 on or after 1 January 2002), for houses under 12 months old

(iii)     increases in the maximum amount recoupable to housing authorities by the Minister in respect of grants paid for the adaptation of houses under the Disabled Persons Grant Scheme;

(iv)     increases in the percentage of the approved cost of works which can be paid by a local authority by way of a grant in respect of a private house under the Disabled Persons Grant Scheme;

(v)      increase in the maximum amount recoupable to housing authorities by the Minister in respect of the carrying out of essential repairs to certain unfit houses;

(vi)     the payment of a second essential repairs grant up to the current effective maximum grant available;

(vii)    the extension of the Essential Repairs Grant Scheme to urban areas.