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Household Charge

Dáil Éireann Debate, Thursday - 8 March 2012

Thursday, 8 March 2012

Ceisteanna (131, 132, 133, 134)

John Lyons

Ceist:

133 Deputy John Lyons asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 584 of 11 January 2012, if he will further investigate who is liable for the household charge when the bank or property company now owns the home, with the householder having been given a life estate and treated as a tenant without having to pay any rent, and whereby the lender is in possession of the title deeds. [13340/12]

Amharc ar fhreagra

Freagraí scríofa

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver.

Section 1 of the Act provides a definition of "owner" for the purposes of the Act which, in relation to a residential property, means—

(a) a person (other than a mortgagee not in possession) who—

(i) in the case of a residential property that is let under a lease or held under a tenancy for a term not exceeding 20 years, is entitled to receive the rent under that lease or tenancy whether in his or her own right or as trustee or agent for another person, or

(ii) in the case of a residential property that is not so let or so held, would, subject to paragraph (b), be so entitled if the residential property were so let or so held, whether in that person’s own right or as trustee or agent for another person,

or

(b) where the property is let under a lease or held under a tenancy for a term exceeding 20 years, the person (other than a mortgagee not in possession) who is the lessee under that lease or tenant under that tenancy.

Section 2 of the Act specifies what is residential property for the purposes of the legislation. While the Act places the household charge under the care and management of the local authorities, and application in particular circumstances is a matter for the relevant local authority, the charge is on a self assessment basis, and interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Olivia Mitchell

Ceist:

134 Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government following the reported reluctance of some citizens to provide their personal public service numbers to the Local Government Management Agency, if he can clarify if a citizen can in fact be legally obliged to surrender a personal public service number to the Local Government Management Agency. [13342/12]

Amharc ar fhreagra

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Under section 5(1) of the Act, the owner of a residential property, who on a liability date, is liable to pay a household charge to a relevant local authority, or who is entitled to a waiver from payment of a household charge under section 4(4), must make and provide to the relevant local authority a declaration stating that he or she is so liable or so entitled, as the case may be. Under section 5(2) of the Act, the declaration must, in the case of a person who is liable to pay a household charge, be accompanied by payment of the household charge in respect of the property concerned.

Article 5(2) of the Local Government (Household Charge) Regulations 2012 requires a household charge declaration to contain information, including the personal public service number of the person who, in the case of an individual, is the owner of the property, or the tax reference number of a company which is the owner of the property. These numbers are required for identification purposes, particularly in the context of owners of residential property with similar names located in close proximity.

Peter Mathews

Ceist:

135 Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government the reason the residents of an incomplete estate (details supplied) are not exempt from the household charge; and if he will make a statement on the matter. [13352/12]

Amharc ar fhreagra

As part of the process of preparing the National Housing Development Survey 2011, published by my Department in October 2011, local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into four categories as follows:

Category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist;

Category two, where a receiver has been appointed;

Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and

Category four, where the development has been effectively abandoned and is posing serious problems for residents.

Other relevant factors for the purposes of the categorisation process include, inter alia:

the state of completion of roads, footpaths, public lighting, piped water and sewerage facilities and open spaces or similar amenities within the development;

the extent to which the development complies with the terms of applicable planning permission;

the extent to which it complies with the provisions of the Building Control Acts 1990 and 2007;

the provisions of the Local Government (Sanitary Services) Act 1964 as they pertain to dangerous places and dangerous structures within the meaning of the Act;

the extent to which facilities within the development have been taken in charge by the local authority concerned; and

where there is an agreement regarding the maintenance of such facilities, the extent to which this agreement has been complied with.

This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge. Only households in developments in categories three and four are eligible for the waiver from payment of the household charge. This list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012.

Alex White

Ceist:

136 Deputy Alex White asked the Minister for the Environment, Community and Local Government in view of the established information technology, IT, infrastructure for collection of the non-principal private residence, NPPR, charge and the fact that electronic contact details are held of those registered to pay the NPPR charge, if he will consider utilising this channel of communication to ensure those registered are now informed of the necessity to pay the household charge on the relevant property on or before 31 March 2012; and if he will make a statement on the matter. [13376/12]

Amharc ar fhreagra

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. The household charge is on a self-assessment basis and it is a matter for an owner of a residential property on the liability date of 1 January, 2012 to determine if he/she has a liability and, if so, that person is required to declare that liability and to pay the household charge by 31 March, 2012.

Significant efforts are being made to ensure that property owners are aware of the household charge and the requirements to make a declaration of liability and to pay the charge by 31 March, 2012. The Local Government Management Agency (LGMA), which is administering the household charge on behalf of local authorities, and local authorities have commenced a national information campaign to advise people of their responsibilities in relation to discharging their liability to the household charge. A similar and successful advertising and information campaign was undertaken in the context of the €200 charge on non-principal private residences on its introduction in 2009 with further advertising taking place each year since.

A household charge information leaflet is being issued to residential properties in the State and radio advertising campaigns and interviews, including adverts on social media and other websites together with other appropriate communication measures and initiatives are being undertaken in the period up to the payment date of 31 March, 2012. I am confident that those liable to the household charge will be aware of their obligation to discharge their liability for the charge by completing the requisite declaration form and paying the household charge by 31 March 2012 and thereby avoiding any late payment fees or late payment interest.

My Department and the LGMA are engaging with the Office of the Data Protection Commissioner in the context of data sharing generally for the purposes of the household charge. This includes considerations surrounding the use of contact details obtained for the purposes of the charge on non-principal private residences (NPPR) in the context of the household charge.

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