Housing Act 1988

Subsidy for acquisition or construction of houses.

3

3. (1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a subsidy towards the loan charges incurred by a person in respect of a loan made by an assurance company, a bank, a building society, a credit union, any other industrial or commercial organisation, the Housing Finance Agency plc or a housing authority for the acquisition or construction of a house.

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

( a) the amount of a subsidy, the conditions under which it may be paid and the manner of its payment, including payment by instalments;

( b) the payment to the body making the loan of a subsidy on behalf of the person to whom it is payable under subsection (1) and the conditions under which it is so paid to that body;

( c) the class or classes of houses in respect of which a subsidy may be paid and the class or classes of persons to whom a subsidy may be paid;

( d) requirements in relation to the loan for the house;

( e) requirements in relation to the previous purchase or building of a house by a person or the spouse F1 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] of such person;

( f) the occupation of the house;

( g) the floor area of the house, measured in such manner as may, from time to time, be determined by the Minister;

( h) requirements in relation to the financial and family circumstances of a person to whom a subsidy may be paid;

( i) the time within which application for a subsidy shall be made;

( j) requirements that a person obtaining a subsidy for a new house shall have qualified for a grant in respect of the house under section 4 of the Act of 1979; and

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

(3) A subsidy shall not be paid under this section unless the house the subject of the subsidy complies with such conditions, if any, as may, from time to time, be determined by the Minister 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) Subsections (4) and (5) of section 4 of the Act of 1979 (as amended by this Act) shall apply to a subsidy under this section as they apply to a grant under the said section 4.

(5) In this section “ Housing Finance Agency plc” means the agency established under section 2 of the Housing Finance Agency Act, 1981.

Annotations:

Amendments:

F1

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 15, S.I. No. 648 of 2010.

Modifications (not altering text):

C10

Functions under subs. (1) transferred and references construed (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.

(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule

Number and Year (1)

Short Title (2)

Provision (3)

...

...

...

No. 28 of 1988

Housing Act 1988

Sections 3(1), 4(1), 6, 10(4) and 16(2)

...

...

...

Editorial Notes:

E1

Previous affecting provision: power pursuant to section exercised (1.05.1998) by Housing (Mortgage Allowance) Regulations, 1993 (Amendment) Regulations 1998 (S.I. No. 153 of 1998); revoked (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001), reg. 11.

E2

Previous affecting provision: power pursuant to section exercised (5.02.1993) by Housing (Mortgage Allowance) Regulations 1993 (S.I. No. 32 of 1993); revoked (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001), reg. 11.