Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

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PART 3

Matters consequent on grant

Chapter 1

Certain matters consequent on grant

Refund of compensation

26. (1) Where a remediation option grant is not reduced under section 16 (8) but a relevant owner receives monies from another person other than under this Act in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction, the relevant owner shall give notice to the designated local authority of the receipt of the monies and the amount of the monies within 28 days of receiving them.

(2) Where a designated local authority receives a notice referred to in subsection (1), and the relevant owner has received a payment under section 18 , the designated local authority shall give notice to the relevant owner stating that the amount referred to in subsection (3) is due and payable.

(3) On the giving of the notice under subsection (2) the relevant owner shall be immediately liable to pay to the designated local authority the lesser of—

(a) an amount equal to the total payments received by the relevant owner under section 18 , and

(b) an amount equal to the monies received other than under this Act referred to in subsection (1).

(4) If the relevant owner does not pay the amount specified in the notice under subsection (2) within 21 days of the giving of the notice, the designated local authority shall refuse to make any further payments to the relevant owner under section 18 .

(5) Any amount not paid to the designated local authority under subsection (3) shall be recoverable by the designated local authority as a simple contract debt in a court of competent jurisdiction.

(6) The designated local authority shall retain any monies received or recovered by it under this section and shall dispose of the monies in accordance with such directions as may be given by the Minister following consultation with the Minister for Public Expenditure and Reform.