I propose to take Questions Nos. 666, 674, 696 and 710 together.
The Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge. Under the Act, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the Household Charge, unless otherwise exempted or entitled to claim a waiver. Residential property is defined in the Act as a building that is occupied or suitable for occupation as a separate dwelling. Participation in an equity release scheme by a liable owner who is in receipt of a pension is not among the exemptions or waivers provided for in the Act.
The exemptions from payment of the Household Charge are:
- Residential properties that are part of the trading stock of a business and have not been sold or been the source of any income since construction;
- Residential property owned by a Minister of the Government, a housing authority or the Health Service Executive;
- Voluntary and co-operative housing;
- Residential property subject to commercial rates and wholly used as a dwelling;
- Residential property owned by certain charities or discretionary trusts; and,
- Residential property which an owner has vacated due to long-term mental or physical infirmity (e.g. elderly person that has moved into a nursing home).
The waivers which apply concern:
- Owners of residential property entitled to mortgage interest supplement; and,
- Owners of houses in certain unfinished housing estates.
The Local Government Management Agency (LGMA) is administering the Household Charge system on a shared service/agency basis for all county and city councils. Instalment payments were available by direct debit only and persons opting to pay in this way had to register their details with the LGMA before 1 March 2012. This deadline was necessary in order to meet banking requirements for direct debit arrangements.
I have not issued any instructions to local authorities concerning staged payments of the Household Charge. While there is no provision relating to ability to pay included in the Local Government (Household Charge) Act 2011, the Act does place collection of the charge under the care and management of local authorities and application in particular circumstances is a matter for the relevant local authority.