S.I. No. 300/1990 - Housing (Improvement Grants) (Thatched Roofs) Regulations, 1990.


S.I. No. 300 of 1990.

HOUSING (IMPROVEMENT GRANTS) (THATCHED ROOFS) REGULATIONS, 1990.

The Minister for the Environment, in exercise of the powers conferred on him by section 5 of the Housing Act, 1966 (No. 21 of 1966) and section 5 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. These Regulations may be cited as the Housing (Improvement Grants) (Thatched Roofs) Regulations, 1990.

2. (1) In the Regulations, any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations.

(2) In these Regulations—

"the Act of 1979" means the Housing (Miscellaneous Provisions) Act, 1979 ;

"approved cost", in relation to improvement works, means the cost estimated by the Minister to be the reasonable cost of carrying out such works or the actual cost of carrying them out, whichever is the lesser;

"house" and "improvement works" have the meanings respectively assigned to them by the Act of 1979;

"the Minister" means the Minister for the Environment;

"previous grant" means a grant paid under these Regulations or in respect of works which consisted of or included the renewal or repair of thatch under the Housing (Improvement Grants) Regulations, 1988 ( S.I. No. 261 of 1988 ) or by the Minister for the Gaeltacht;

"tax number", in relation to a person, means—

( a ) the Revenue and Social Insurance (RSI) Number stated on any certificate of tax-free allowances issued to that person by an inspector of taxes, not being a certificate issued to an employer in respect of an employee of that employer, or

( b ) the reference number stated on any return of income form or notice of assessment issued to that person by an inspector of taxes.

3. These Regulations shall apply to grants by the Minister under section 5 of the Act of 1979 to persons carrying out improvement works consisting of the renewal or repair of thatched roofs of houses where the application for such grant was received by the Minister after the 19th day of April, 1990.

4. A grant under these Regulations shall not exceed whichever of the following is the lesser—

( a ) two thirds of the approved cost of the works, or

( b ) £2,000, or, in the case of a house on an island specified in the Schedule, £3,000.

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

( a ) prior to the commencement of the works to which the application relates, an inspection of the house, on foot of the application for the grant, has been carried out by—

(i) an officer appointed for the purpose by the Minister, or

(ii) in Gaeltacht areas as defined in the Housing (Gaeltacht) Acts, 1929 to 1979, an officer appointed by the Minister for the Gaeltacht, and

( b ) the works are commenced—

(i) 10 years or more from the date the house was provided, and

(ii) 7 years or more from the date of payment of a previous grant, and

( c ) the works are necessary for the conservation of the house and the approved cost of the works is not less than £750, and

( d ) the works to which the grant relates and any other works necessary for the conservation of the house have been satisfactorily completed, and

( e ) it is established to the satisfaction of the Minister that the house is used, on the completion of the works, as a full time place of residence, and

( f ) the applicant furnishes his tax number and details of his tax district to the Minister and confirms to the best of his knowledge that his tax affairs are in order.

6. Notwithstanding paragraph (b) (ii) of article 5, but subject to article 7, a grant may be paid where improvement works, which are commenced within seven years from the date of payment of a previous grant, consist of the renewal or repair of the thatch of a part of the roof other than that in respect of which such previous grant was paid.

7. The aggregate amount of grants payable under these Regulations as respects any one house in respect of works carried out within any period of seven years shall not exceed the amount specified in article 4 (b), and for the purpose of determining the commencement of such period works shall be deemed to have been carried out on the date of payment of a grant under these Regulations.

8. (1) Notwithstanding paragraph (b) of article 5 and article 7, a grant may be paid where the works, by reason of severe weather conditions, have become suddenly and urgently necessary for the conservation of the house.

(2) Article 7 shall not apply as respects works commenced prior to those in respect of which a grant is paid under this article.

GIVEN under the Official Seal of the Minister for the Environment this 13th day of December, 1990.

PADRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 13th day of December, 1990.

ALBERT REYNOLDS,

Minister for Finance.

SCHEDULE

County

Islands

Clare ...  ...

Canon, Coney, Inishloe, Inishmacowney, Inishmore, Saint's

Cork ...  ...

Bear, Clear, Dursey, Hare, Long, Sherkin, Whiddy

Donegal  ...

Aran, Gola, Inishbofin, Inishfree Upper, Inishirrer, Inishmaan, Owey, Tory

Galway  ...

Dinish, Inchamackinna, Inishbarra, Inishbofin, Inisheer, Inisherk, Inishmaan, Inishmore, Inishtravin

Kerry...  ...

Beginish, Dinish, Inishvickillane, The Great Blasket.

Limerick ...

Foynes

Mayo...  ...

Annagh, Clare, Clynish, Illanataggart, Inishbiggle, Inishcottle, Inishgort, Inishlyre, Inishnakillew, Inishmulclohy

Sligo ...  ...

Dernish Inishmulclohy.

EXPLANATORY NOTE.

These Regulations provide for the payment of grants for the renewal or repair of thatched roofs of houses.