Housing Act 1988

Grant on surrender of certain 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 under this section, pay, out of moneys provided by the Oireachtas, a grant to a person—

( a) who, or whose spouse F2 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ]

(i) in the case of a house which was provided, or which is or was owned, by a housing authority, provides the authority with vacant possession of the house by surrendering the tenancy or by conveying the house without compensation to the authority, or

(ii) in the case of accommodation allocated to a member of the Permanent Defence Force, provides the Minister for Defence with vacant possession by surrendering it,

and

( b) who purchases or builds a house for his own occupation.

(2) Where a house is being conveyed to a housing authority under this section, the following provisions shall have effect:

( a) the expenses of such conveyance may be paid in whole or in part by the authority;

( b) F3 [ ]

( c) where the house is one in respect of which a subsidy has been paid under section 11 of the Act of 1979, the person conveying the house, notwithstanding anything to the contrary contained in a transfer order under section 90 of the Principal Act, shall not be required to refund the subsidy.

(3) 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 grant and the conditions under which it may be paid;

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

( c) requirements in relation to the minimum period of residence, whether as tenant or owner, of an applicant for a grant or the spouse F2 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] of such applicant in a house provided or owned by a housing authority, or in accommodation being surrendered to the Minister for Defence, as the case may be;

( d) the occupation of the house being purchased or built;

( e) the class or classes of houses or accommodation which may be surrendered or conveyed;

( f) requirements that the house being purchased or built shall be suitable for the needs of the applicant for a grant and for those who might reasonably be expected to reside with him;

( g) requirements in relation to the financial and family circumstances of the applicant for a grant;

( h) matters of procedure and administration, including the discharge by specified housing authorities of specified functions in relation to the grants; and

( i) requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the house being purchased or built.

(4) A grant shall not be paid under this section unless the house or accommodation surrendered in accordance with subsection (1) (a) and the house purchased or built in accordance with subsection (1) (b) 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 including standards of construction, repair and services.

Annotations:

Amendments:

F2

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 16, S.I. No. 648 of 2010).

F3

Repealed (27.03.1998) by Finance Act 1998 (3/1998), s. 125 and sch. 8, commenced on enactment.

Modifications (not altering text):

C11

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.

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Schedule

Number and Year (1)

Short Title (2)

Provision (3)

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No. 28 of 1988

Housing Act 1988

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

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