Housing (Miscellaneous Provisions) Act 1979

Grants by Minister for provision of new houses.

4

4. (1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay, out of moneys provided by the Oireachtas, a grant to a person providing a new house where—

( a) in case the person purchases the house, a contract for the purchase was not made before the 27th day of May, 1977, and

( b) in case the person builds the house, the foundations were not completed before the 27th day of May, 1977.

(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:

( a) the amount of a grant,

( b) the total floor area of a house the subject of a grant, measured in such manner as may be determined by the Minister from time to time,

( c) a requirement that, where a house is provided for sale within the meaning of section 18 of this Act, a grant shall not be paid in respect of the house unless a certificate of reasonable value is granted under that section in respect of such sale and the conditions subject to which the certificate is granted are complied with,

( d) the occupation of the house,

( e) a requirement that the person to whom the grant is paid or the spouse of such person, either separately or with each other, has not previously purchased or built for his or their own occupation another house,

( f) requirements in relation to the financial and family circumstances of the person to whom the grant is paid, and

( g) requirements in relation to the payment of any other grant or subsidy in respect of the house under any enactment (including this Act).

(3) A grant shall not be paid under this section unless the house the subject of the grant complies with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

(4) Where a house is damaged by fire, explosion or act of God and, in the opinion of the Minister, it would be more reasonable for the owner of the house to provide a new house than to carry out all necessary improvement works to the first-mentioned house and refusal by the Minister to pay a grant under this section in respect of the provision of the new house would cause undue hardship to the owner or his spouse, the Minister may, with the consent of the Minister for Finance, notwithstanding that a requirement of a regulation under this section in relation to matters specified in subsection (2) (e) of this section has not been complied with, pay a grant under this section in respect of such provision if a grant would otherwise fall to be so paid.

F2 [ (5) Where

( a ) a person providing a new house is a person

(i) whose F3 [ marriage or civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] has been dissolved or annulled by order of a court of competent jurisdiction, or

(ii) who is separated from F3 [ his or her spouse or civil partner ] under an order of such court or by deed of separation,

and

( b ) the need of that person and his dependents (if any) for housing has been established to the satisfaction of the Minister, and

( c ) refusal by the Minister to pay a grant under this section in respect of the provision of the new house would, in the opinion of the Minister, having regard to such circumstances as he considers appropriate, including any contribution made by the other spouse F4 [ or civil partner ] , cause undue hardship to that person or his dependents,

the Minister may, notwithstanding that a requirement in relation to matters specified in subsection (2) (e) of this section has not been complied with, pay a grant under this section if, but for such non-compliance, a grant would fall to be so paid. ]

Annotations:

Amendments:

F2

Inserted (16.02.1990) by Housing Act 1988 (28/1988), s. 25, S.I. No. 33 of 1990.

F3

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 3 item 9(a), (b), S.I. No. 648 of 2010.

F4

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 3 item 9(c), S.I. No. 648 of 2010.

F5

Repealed by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 4 and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 4 and sch. 1, not commenced as of date of revision.

4. F5 [ ]

Editorial Notes:

E3

Power pursuant to section exercised (24.10.2003) by Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2003 (S.I. No. 502 of 2003).

E4

Power pursuant to section exercised (14.11.2002) by Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2002 (S.I. No. 517 of 2002).

E5

Power pursuant to section exercised (4.04.1996) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1996 (S.I. No. 88 of 1996).

E6

Power pursuant to section exercised (28.07.1995) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1995 (S.I. No. 211 of 1995).

E7

Power pursuant to section exercised (6.12.1993) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993).

E8

Power pursuant to section exercised (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990).

E9

Power pursuant to section exercised (1.03.1984) by Housing Regulations, 1980 (Amendment) Regulations 1984 (S.I. No. 50 of 1984), in effect as per reg. 3.

E10

Power pursuant to section exercised (16.06.1982) by Housing Regulations, 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982).

E11

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E12

Previous affecting provision: power pursuant to section exercised (13.12.1990) by Housing (New House Grants Etc.) (Amendment) Regulations 1990 (S.I. No. 301 of 1990); revoked (6.12.1993) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993), reg. 6.

E13

Previous affecting provision: power pursuant to section exercised (1.08.1984) by Housing Regulations, 1980 (Amendment) (No. 2) Regulations 1984 (S.I. No. 203 of 1984); revoked (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990), reg. 3 and sch. 1.

E14

Previous affecting provision: power pursuant to section exercised (27.01.1981 and 2.02.1981) by Housing Regulations, 1980 (Amendment) Regulations 1981 (S.I. No. 29 of 1981); revoked (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990), reg. 3 and sch. 1.