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S.I. No. 537/1998 - Housing (Miscellaneous Provisions) Regulations, 1988 (Amendment) Regulations, 1998

S.I. No. 537 of 1998.

HOUSING (MISCELLANEOUS PROVISIONS) REGULATIONS, 1988 (AMENDMENT) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government 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 10 of the Housing Act, 1988 (No. 28 of 1988), which powers are delegated to me by the Environment (Delegation of Ministerial Functions ) Order 1 997 ( 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:-

1. These Regulations may be cited as the Housing (Miscellaneous Provisions) Regulations, 1988 (Amendment) Regulations, 1998.

2. The Housing (Miscellaneous Provisions) Regulations, 1988 ( S.I. No. 362 of 1988 ) [as amended by the Housing (Miscellaneous Provisions) Regulations, 1988 (Amendment) Regulations, 1993 ( S.I. No. 157 of 1993 )] are hereby further amended by the substitution for article 3 of the following article:

 "3. Recoupment to a housing authority under section 10(4) of the payments reasonably made by the authority by virtue of section 10(1), shall not exceed -

 (a) 100% of such payments made on or after the 1st day of January, 1998 in respect of persons who have made application for asylum under section 22(10) of the Refugee Act, 1966 (No. 17 of 1996) and whose applications have not been determined including on appeal, (if any), or

 (b) 90% of payments other than those specified it sub-paragraph (a) made on or after the 1st day of April, 1993".

Dated this 17th day of December, 1998.

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 Sea1 of the Minister for Finance this

21st day of December, 1998.

Charlie McCreevy

Minister for Finance

EXPLANATORY NOTE

These regulations provide for the increase in the level of recoupment by the Department to 100% of certain payments made by housing authorities, on or after 1st January, 1998, in relation to the accommodation of asylum seekers.