S.I. No. 262/1993:

HOUSING (DISABLED PERSONS AND ESSENTIAL REPAIRS GRANTS) REGULATIONS, 1993.

HOUSING (DISABLED PERSONS AND ESSENTIAL REPAIRS GRANTS) REGULATIONS, 1993.

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 6 of Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), which powers are delegated to me by the Environment (Delegation of Ministerial Functions) (No. 2) Order, 1993 ( S.I. No. 128 of 1993 ), I, EMMET STAGG, Minister of State at the Department of the Environment, with the consent of the Minister for Finance, hereby make the following Regulations:

1. These Regulations may be cited as the Housing (Disabled Persons and Essential Repairs Grants) Regulations, 1993.

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;

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

"tax reference number" means--

( a ) in the case of a person paying income tax under PAYE, the Revenue and Social Insurance (RSI) Number stated on any determination of tax-free allowances 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.

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.

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 proper accommodation, or

( b ) suffering from severe mental handicap or severe mental illness, for which he 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 Housing Acts, 1966 to 1992, and

( b ) two-thirds of the approved cost of the works in any other case.

(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, the Minister may make to the housing authority a contribution which shall not exceed half of the amount of the grant, or £4,000, whichever is the lesser.

5. A housing authority may pay a grant to a person carrying out essential repairs to a house where, in the opinion of the authority--

( a ) the house cannot be made fit for human habitation in all respects at a reasonable cost and the repairs in respect of which the grant is proposed to be paid constitute at least the repairs that are necessary in order to prolong the life of the house;

( b ) the house is occupied by a person who has been included, or who would be entitled to be included, in an assessment under section 9 of the Housing Act, 1988 (No. 28 of 1988), but there would be no continuing need for housing provided by the authority at the location at which the house, the subject of the grant, is situate or in the immediate vicinity thereof.

(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--

(i) the house is occupied as a normal place of residence on completion of the repairs;

(ii) a grant has not previously been paid in respect of the house under this article, article 23 of the Regulations of 1980, or section 23 of the Housing Act, 1966 .

(4) Where a grant is paid under this article, the Minister may make to the housing authority a contribution which shall not exceed half of the amount of the grant or £900, whichever is the lesser.

(5) A housing authority may make a contribution in kind (whether by way of building materials or labour or any other contribution) to a person carrying out essential repairs for which a grant may be paid under sub-article (1), provided that the amount of such grant (if any) and the value of such contribution do not together exceed the approved cost of the repairs.

6. A grant shall not be paid under these Regulations unless--

( a ) the erection of the house is completed for a period of not less than one year before the date of commencement of the works;

( b ) the approved cost of the works is not less than £200;

( c ) 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;

( d ) 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.

7. (1) Subject to sub-article (2), Part IV of the Regulations of 1980 is hereby revoked.

(2) Sub-article (1) shall not prevent a housing authority from paying a grant or the Minister or a housing authority from making a contribution under Part IV of the Regulations of 1980 in respect of works to a house where the works were commenced before the 1st day of March, 1993 and the grant or contribution would otherwise have been properly payable in accordance with such Part.

Dated this 14th day of September, 1993.

EMMET STAGG,

Minister of State at the Department of the Environment.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under Official Seal of the Minister for Finance, this 14th day of September, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for the schemes of grants for the adaptation of houses for disabled persons and the carrying out of essential repairs to certain unfit houses under which the amounts recoupable to housing authorities by the Minister in respect of grants paid by the authorities for works commenced on or after 1st March, 1993, have been increased. Grants and recoupments for works commenced before that date continue to be payable in accordance with article 7 of the Regulations.