Housing Act, 1988

Assistance by housing authorities of certain bodies.

5.—(1) A housing authority may, with the consent of the Minister and on such terms and conditions (including conditions requiring the giving of an undertaking) as they think fit, assist another housing authority (including the commissioners of a town) or a body approved of by the Minister for the purposes of this section in respect of the provision (whether by erection, purchase, improvement or conversion works) or management by the other authority or body of housing accommodation, or in respect of other matters in relation to housing, in one or more of the following ways:

(a) by a loan,

(b) by a periodic contribution to the funds of the other authority or body,

(c) by a guarantee of sums owed by the other authority or body in respect of borrowings,

(d) by a grant,

(e) by a subsidy towards, or the remission in whole or in part of, loan charges incurred by the other authority or body,

(f) by a contribution in kind (whether by way of materials or labour or any other service).

(2) A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons (including a housing authority).

(3) A decision to provide assistance under this section shall be a reserved function.

(4) Where a housing authority have assisted a body under section 12 of the Principal Act in the provision of housing accommodation, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, recoup, out of moneys provided by the Oireachtas, all or part of such assistance.

(5) Where a housing authority have under this section assisted another housing authority or a body and as a condition of providing such assistance have been given an undertaking which has not been complied with, the following provisions shall have effect:

(a) the authority or body who received the assistance shall be liable to repay such amount, being not more than the amount of such assistance, as may be determined by the authority who provided the assistance; and

(b) the amount shall be recoverable by the authority who provided the assistance from the authority or body who received it, as a simple contract debt in any court of competent jurisdiction.

(6) Regulations under this section may, in particular, but without prejudice to the generality of subsection (4), make provision in relation to all or any one or more of the following:

(a) the amount or proportion of the assistance to be recouped;

(b) the class or classes of accommodation in respect of which assistance may be provided and the class or classes of persons for whom such accommodation is provided;

(c) requirements in relation to a grant, loan, subsidy, contribution, or guarantee;

(d) the occupation of the accommodation;

(e) requirements in relation to the construction of the accommodation and the provision of water, sewerage and other services therein;

(f) the floor area of the accommodation, measured in such manner as may, from time to time, be determined by the Minister;

(g) requirements in relation to the financial and family circumstances of persons occupying the accommodation; and

(h) requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the accommodation.