Dáil Éireann Debate, Tuesday - 19 June 2012
444 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the action being taken to collect the household charge from those who have yet to pay; and if he will make a statement on the matter. [29247/12]
Amharc ar fhreagraThe 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.
The Act further provides for offences where a person contravenes these statutory requirements. In addition, late payment penalties apply where payment is not made by 31 March, 2012 and household charges and late payment penalties are a charge against the property which will have to be discharged in the event of the sale or transfer of the property concerned.
Section 12 of the Act places collection of the charge under the care and management of local authorities. It is therefore a matter for each individual local authority to utilise the provisions of the legislation, including data sharing with the Electricity Supply Board, Private Residential Tenancies Board, Revenue Commissioners and the Department of Social Protection, in the context of any undeclared properties that may be identified.
The legislation empowers local authorities to bring and prosecute summary proceedings for an offence under the Act and local authorities will pursue those who may have a liability and initiate court proceedings where it is considered appropriate.
