S.I. No. 610/2001 - Housing (Improvement Grants) (Thatched Roofs) 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 24 of the Housing (Miscellaneous Provisions) Act, 1992 (S.I. No. 18 of 1992), and by Section 5 of the Housing (Miscellaneous Provisions) Act, 1979 (S.I. No. 27 of 1979), 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:-

1.       These Regulations may be cited as the Housing (Improvement Grants) (Thatched Roofs) Regulations, 2001.

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 (S.I. No. 27 of 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 and Local Government;

“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;

“holder of a medical card” means a person granted a medical card by the Chief Executive Officer of the relevant Health Board;

“tax reference number”, means—

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

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 19^th day of April, 1990.

4.      A grant under these Regulations shall not exceed

(a)      where the works commenced before 21^st day of February, 1996, IR£2,000 before 1 January 2002 and €2,539.48 on or after 1 January 2002, or two-thirds of the approved cost of the works whichever is the lesser, or, in the case of a house on an island specified in the Schedule, IR£3,000 before 1 January 2002 and €3,809.21 on or after 1 January 2002 or two-thirds of the approved cost of the works whichever is the lesser, or

(b)      where the works commenced on or after 21^st day of February, 1996, and before 20^th day of May, 1999, IR£2,400 before 1 January 2002 and €3,047.37 on or after 1 January 2002, or two-thirds of the approved cost of the works whichever is the lesser or, in the case of a house on an island specified in the Schedule, IR£3,600 before 1 January 2002 and €4,571.06 on or after 1 January 2002, or two-thirds of the approved cost of the works whichever is the lesser, or

(c)      where the works commenced on or after 20^th day of May, 1999, IR£3,000 before 1 January 2002 and €3,810 on or after 1 January 2002, or two-thirds of the approved cost of the works whichever is the lesser or, in the case of a house on an island specified in the Schedule, IR£4,500 before 1 January 2002 and €5,720 on or after 1 January 2002, or two-thirds of the approved cost of the works whichever is the lesser or

(d)      where the works commenced on or after 20^th day of May, 1999, and the owner of the house in respect of which a grant is being paid under these Regulations is a holder of a medical card issued in the State, IR£5,000 before 1 January 2002 and €6,350 on or after 1 January 2002, or 80% of the approved cost of the works whichever is the lesser or, in the case of a house on an island specified in the Schedule, IR£6,500 before 1 January 2002 and €8,260 on or after 1 January 2002 or 80% of the approved cost of the works whichever is the lesser.

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 Arts, Heritage, Gaeltacht and the Islands, 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 IR£750 before 1 January 2002 and €952.30 on or after 1 January 2002, 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 reference 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 appropriate amounts specified in article 4, 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.

9.       The Housing (Improvement Grants) (Thatched Roofs) Regulations, 1990 ( S.I. No. 300 of 1990 ) and the Housing (Improvement Grants) (Thatched Roofs) Regulations, 1990 (Amendment) Regulations 1998 ( S.I. No. 150 of 1998 ) are hereby revoked.

Schedule

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 the payment of grants for the renewal or repair of thatched roofs of houses and also introduce a higher level of grant from 20 May 1999 for applicants who hold a medical card.