Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Application for second grant | ||
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25. (1) Where a letter of assurance has been issued in respect of a relevant dwelling, a person who owns the relevant dwelling may, subject to this section and any regulations made under subsection (8), apply for a second remediation option grant and an ancillary grant (in this Act referred to as a “second grant”) in respect of the dwelling in accordance with this Part. | ||
(2) A second grant may be given where the Housing Agency is satisfied that, notwithstanding the completion of an approved remediation option (whether or not any additional works were carried out), the relevant dwelling has been damaged by defective concrete blocks retained in the relevant dwelling. | ||
(3) A second grant shall not be given where the damage referred to in subsection (2) was caused by any act or omission of any person in the course of carrying out the approved remediation option, or any additional works. | ||
(4) A person may apply for a second grant notwithstanding that he or she is not a relevant owner under section 9 , subject to the condition that the person may only receive a second grant in relation to— | ||
(a) one relevant dwelling which he or she uses as his or her principal private residence, and | ||
(b) one relevant dwelling where he or she is a landlord of a tenancy in the relevant dwelling. | ||
(5) A person shall not be given a second grant in respect of a relevant dwelling— | ||
(a) on the ground referred to in subsection (4)(a), where a member of his or her household has previously, in respect of a different relevant dwelling, been given a second grant on that ground, or | ||
(b) on the ground referred to in subsection (4)(b), where a member of his or her household has previously, in respect of a different relevant dwelling, been given a second grant on that ground. | ||
(6) An application for a second grant may be made within the period of 40 years beginning on the date of the letter of assurance. | ||
(7) The Minister may prescribe— | ||
(a) procedures and conditions, additional to those under this Part that continue to apply to the making of applications for second grants, for the making of those applications, and | ||
(b) without prejudice to the generality of paragraph (a), standards by reference to which a relevant dwelling is required to be maintained following the issuing of a letter of assurance in relation to it, in order for a person who owns the dwelling to be eligible for a second grant in respect of the dwelling. | ||
(8) In making regulations under subsection (7), the Minister shall have regard to— | ||
(a) the adequacy of remediation options to remedy damage to dwellings caused by the use of defective concrete blocks in their construction, | ||
(b) the economic circumstances of the State prevailing at the time of the making of the regulations, and the demands on the State’s financial resources which may occur during the period the regulations shall remain in effect, and | ||
(c) such standards made by the National Standards Authority of Ireland as he or she considers appropriate. | ||
(9) In this section, “member of his or her household”, in relation to a person referred to in subsection (5), means an individual with whom the person lives in a relevant dwelling and the individual has, in the opinion of the designated local authority, a reasonable requirement to live with the person. |