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Household Charge

Dáil Éireann Debate, Tuesday - 1 May 2012

Tuesday, 1 May 2012

Ceisteanna (387, 388, 389, 390, 391)

Willie O'Dea

Ceist:

460 Deputy Willie O’Dea asked the Minister for the Environment, Community and Local Government the position regarding the household charge in respect of an estate (details supplied). [21438/12]

Amharc ar fhreagra

James Bannon

Ceist:

475 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Longford is on the list of estates qualifying for a waiver of the household charge; if this waiver is based on a technicality such as one house being vacant; and if he will make a statement on the matter. [21582/12]

Amharc ar fhreagra

James Bannon

Ceist:

483 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the criteria used by his Department when assessing unfinished housing estates, in view of the fact that residents (details supplied) in County Longford are of the opinion that the estate in which they are living has been categorised incorrectly and that in fact, it has not been assessed at all; and if he will make a statement on the matter. [21797/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 460, 475 and 483 together.

As part of the process of preparing the National Housing Development Survey 2011, launched 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 facilities, 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. The list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012. A revised list of estates will be prescribed for 2013 after which time the waiver for unfinished housing developments will end. Throughout this period it is anticipated that the numbers of categories 3 and 4 developments will decrease significantly as my Department continues to work with local authorities and other stakeholders to resolve outstanding issues, including through the Public Safety Initiative.

Under the legislation, 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. 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 to determine if he/she has a liability and, if so, to declare that liability and pay the household charge. Queries in respect of specific elements of estates as listed in the Statutory Instrument should be addressed to the relevant local authority.

Brian Walsh

Ceist:

461 Deputy Brian Walsh asked the Minister for the Environment, Community and Local Government if he will consider amending existing legislation pertaining to the non-principal private residence and household charges to allow for the deferral of liability to pay while the property remains vested in the executor of a will, until such time that it is disposed of or bequeathed to a beneficiary; and if he will make a statement on the matter. [21446/12]

Amharc ar fhreagra

The Local Government (Household Charge) Act 2011 and the Local Government (Charges) Act 2009, as amended, set out the legislation underpinning the household charge and the charge on non-principal private residences respectively. Application of the legislation in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Both Acts contain common provisions dealing with the situation where a person who is the sole owner of a residential property dies. The legislation provides that the personal representative of the deceased person is not, in respect of that residential property, liable to pay the household charge or the charge on non-principal private residences relating to a year in which the liability falls after the date of death of the deceased person and before the date of issue of a grant of representation to the estate of the deceased person. The specific provisions are contained in section 4(3) of the Local Government (Household Charge) Act 2011 and, in relation to the charge on non-principal private residences, in section 4(7) of the Local Government (Charges) Act 2009, as amended.

In addition, both Acts provide that where a person who is the sole owner of a residential property dies and, at the date of his or her death, a household charge or a charge on non-principal private residence (and any related late payment penalties) remains unpaid in relation to that property, no further late payment penalties are payable in relation to that property until a grant of representation to the estate of the deceased person issues to the personal representative of such deceased person.

The personal representative of such deceased person is, as soon as a grant of representation to the estate of the deceased person issues to him or her, liable to pay to the relevant local authority the full amount due and owing by the deceased, at the date of his or her death, in respect of the household charge or the charge on non-principal private residences and any related late payment penalties. Where the full amount owing is paid by the personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased, he or she shall has no further liability. Where the full amount owing is not paid by the personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased, he or she is liable to pay late payment penalties, in addition to the full amount, from the date of issue of the grant of representation to the estate of the deceased.

These provisions are contained in section 7(3)-7(6) of the Local Government (Household Charge) Act 2011 and section 6(3)-6(6) of the Local Government (Charges) Act 2009, as amended. I have no proposals to amend the legislation as suggested.

Michael Healy-Rae

Ceist:

462 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the amount of money he has paid to the agency responsible for collecting the household charge, that is the local Government Management Agency up to 20 April 2012; and if he will make a statement on the matter. [21448/12]

Amharc ar fhreagra

The Local Government Management Agency (LGMA) is administering the household charge system on a shared service/agency basis for all county and city councils. The proceeds from the household charge received by the LGMA are being paid into the Local Government Fund. A total of €968,973 has been recouped to the LGMA from the Local Government Fund up to 20 April, 2012.

Question No. 463 answered with Question No. 441.
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