Housing (Miscellaneous Provisions) Act 2009

• Permanent Page URL

Assessment of eligibility of household for affordable dwelling purchase arrangement.

84.— (1) A reference in this section to a household shall be read as including a reference to 2 or more persons who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.

(2) Where a household applies to a housing authority to purchase an affordable dwelling under an affordable dwelling purchase arrangement, the housing authority shall, subject to and in accordance with this section and any regulations made under this section and section 95 , carry out an assessment of the household’s eligibility for an affordable dwelling purchase arrangement taking account of the following:

(a) the accommodation needs of the household, having regard to, but not necessarily limited to the following—

(i) the current housing circumstances of the household,

(ii) the distance of such preferred location or locations as the household may indicate in its application from the place of employment of any member of the household, and

(iii) whether any members of the household are attending any university, college, school or other educational establishment in the administrative area concerned;

(b) subject to subsection (3), whether the income of the household is adequate to meet the repayments on a mortgage for the purchase of a dwelling to meet the accommodation needs of the household because the payments calculated over the course of a year would exceed 35 per cent of the annual income of the household net of income tax and pay related social insurance;

(c) subject to subsections (4) and (5), whether the household or any household member has previously purchased or built a dwelling for his or her occupation or for any other purpose in the State;

(d) subject to subsections (4) and (5), whether the household or any household member either owns, or is beneficially entitled to, an interest in any dwelling or land in the State or elsewhere.

(3) For the purposes of subsection (2) (b), any other assets of the household which could be used to defray all or any part of the cost of providing accommodation to meet the accommodation needs of the household shall be taken into account.

(4) Where the household making an application for the purposes of this section, or any member of the household, was a spouse to a marriage the subject of a deed of separation, a decree of judicial separation, a decree of divorce or a decree of nullity, subsection (2) (c) shall not apply, provided that, in relation to the former family home (within the meaning of the Family Home Protection Act 1976 ), the spouse concerned—

(a) has not retained an interest in that home, and

(b) immediately before the date of the deed of separation or decree concerned is not beneficially entitled to an interest in a dwelling other than the said family home.

(5) Where, having regard to its accomodation needs referred to in subsection (2) (a), a household requires to relocate to either a different dwelling or administrative area or both, subsection (2) (c) shall not render the household ineligible for an affordable home purchase arrangement where the household—

(a) has previously purchased a dwelling under an affordable dwelling purchase arrangement, or

(b) before the coming into operation of this Part, purchased a dwelling referred to in section 82 (b) or (c).

(6) For the purposes of subsection (2) (b), “ mortgage ” means a loan (other than a loan made for the purposes of the purchase of an affordable dwelling referred to in section 82 (d)) for the purchase of a dwelling secured by a mortgage in an amount not exceeding 90 per cent of the market value of the dwelling.

(7) The Minister may make regulations providing for the means by which the eligibility of households for an affordable dwelling purchase arrangement shall be assessed including, but not necessarily limited to, the following:

(a) the procedures to be applied by a housing authority for the purposes of assessing a household’s eligibility by reference to income and other financial circumstances having regard to subsections (2) (b), (3), (4) and (5);

(b) having regard to the different classes of household in the administrative area concerned and the different classes of dwellings purchased by first-time purchasers in that administrative area and the average market value of those dwellings, the methodology according to which the housing authority shall determine, for the purposes of subsection (2) (b), the purchase price of a dwelling suitable to a household’s accommodation needs;

(c) the availability to the household of alternative accommodation that would meet its accommodation needs;

(d) any affordable dwelling or other housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making an assessment of eligibility under this section.