STATUTORY INSTRUMENTS

S.I. NO. 106 OF 2002

HOUSING (ACCOMMODATION PROVIDED BY APPROVED BODIES) REGULATIONS, 1992 (AMENDMENT) REGULATIONS, 2002

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S.I. No. 106 of 2002 .

HOUSING (ACCOMMODATION PROVIDED BY APPROVED BODIES) REGULATIONS, 1992 (AMENDMENT) REGULATIONS, 2002.

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Housing Act, 1966 (No. 21 of 1966) , as amended by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 ( No. 18 of 1992 ), and by section 15 of the Housing Act, 1988 ( No. 28 of 1988 ), as amended by section 27 of the Housing (Miscellaneous Provisions) Act, 1992 , which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, with the consent of the Minister for Finance, hereby make the following Regulations:--

1.         These Regulations may be cited as the Housing (Accommodation Provided by Approved Bodies) Regulations, 1992 (Amendment) Regulations, 2002.

2.         In these Regulations “the Regulations of 1992” means the Housing (Accommodation Provided By Approved Bodies) Regulations, 1992 ( S.I. No. 86 of 1992 ).

3.         Article 4 of the Regulations of 1992 is hereby amended -

(1)       by the substitution for sub-article (1) of the following:

“(1)      Subject to sub-article (1A), a grant by the Minister to a housing authority under section 15 in respect of the provision of assistance under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 to an approved body shall not exceed an amount equal to --

(a)        95 per cent of the cost, as approved by the authority, of the provision of accommodation for persons regarded by the authority as being homeless in accordance with section 2, or

(b)       100 per cent of the cost, as approved by the authority, of the provision of Traveller accommodation, or

(c)        in the case of accommodation other than that referred to in paragraph (a) or (b) --

(i)         where works commenced before the 18^th day of July 2001, 90 per cent of the cost, as approved by the authority, of the provision of the accommodation, or

(ii)        where works commenced on or after the 18^th day of July 2001, 95 per cent of the cost, as approved by the authority, of the provision of the accommodation,

where the authority are satisfied that at least 75 per cent of the units of accommodation will be let to persons to whom this paragraph applies, of whom up to one third may be persons referred to in sub-article (3)(b),

subject to a maximum grant of:--

(i)         where works commenced before the 27th day of January, 1994, £22,000 for each unit of category one accommodation and £25,000 for each unit of category two accommodation,

(ii)        where works commenced on or after the 27th day of January, 1994, and before the 1st day of May, 1995, £26,000 for each unit of category one accommodation and £29,000 for each unit of category two accommodation,

(iii)       where works commenced on or after the 1st day of May, 1995 and before the 1st day of July, 1997, £27,000 for each unit of category one accommodation and £33,000 for each unit of category two accommodation or each bay in Traveller accommodation,

(iv)       where works commenced on or after the 1st day of July, 1997 and before the 1^st day of December 1998 --

(I)        £41,000 for each unit of category one accommodation and £48,000 for each unit of category two accommodation or each bay in Traveller accommodation, located on an island specified in the Schedule to these Regulations, or

(II)       £36,000 for each unit of category one accommodation and £43,000 for each unit of category two accommodation or each bay in Traveller accommodation, located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, or

(I)        £32,000 for each unit of category one accommodation and £40,000 for each unit of category two accommodation or each bay in Traveller accommodation in any other location,

(iv)       where works commenced on or the 1^st day of December 1998 and before the 21^st day of October 1999 --

(I)        £49,000 for each unit of category one accommodation and £60,000 for each unit of category two accommodation or each bay in Traveller accommodation, located on an island specified in the Schedule to these Regulations, or

(II)       £44,000 for each unit of category one accommodation and £55,000 for each unit of category two accommodation or each bay in Traveller accommodation, located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, or

(III)      £37,000 for each unit of category one accommodation and £47,000 for each unit of category two accommodation or each bay in Traveller accommodation in any other location,

(v)        where works commenced on or after the 21st day of October, 1999 and before the 18^th day of July 2001 --

(I)        £70,000 for each unit of category one accommodation and £75,000 for each unit of category two accommodation or each bay in Traveller accommodation located on an island specified in the Schedule to these Regulations, or

(II)       £75,000 for each unit of category one accommodation and £90,000 for each unit of category two accommodation or each bay in Traveller accommodation, located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, or

(III)      £53,000 for each unit of category one accommodation and £63,000 for each unit of category two accommodation or each bay in Traveller accommodation in any other location,

(vi)       where works commenced on or after the 18^th day of July, 2001 --

(I)        £90,000 for each unit of category one accommodation and £95,000 for each unit of category two accommodation or each bay in Traveller accommodation located on an island specified in the Schedule to these Regulations, or

(II)       £95,000 for each unit of category one accommodation and £110,000 for each unit of category two accommodation or each bay in Traveller accommodation, located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, or

(III)      £70,000 for each unit of category one accommodation and £85,000 for each unit of category two accommodation or each bay in Traveller accommodation in any other location,

(vii)      where works commenced on or after the 18^th day of July, 2001 and where a project is approved for funding on or after the 1^st day of January, 2002 --

(I)        €114,300 for each unit of category one accommodation and €120,700 for each unit of category two accommodation or each bay in Traveller accommodation located on an island specified in the Schedule to these Regulations, or

(II)       €120,700 for each unit of category one accommodation and €139,700 for each unit of category two accommodation or each bay in Traveller accommodation, located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, or

(III)      €88,900 for each unit of category one accommodation and €108,000 for each unit of category two accommodation or each bay in Traveller accommodation in any other location.

(1A)    Where site costs are included in the cost of a voluntary housing project, the unit cost limits may be increased by --

(a)        (i)         where works commenced on or after the 21st day of October, 1999 and before the 15^th day of June 2000, £20,000 or the cost of the site, whichever is the lesser, in the case of projects located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, or

(ii)        £15,000 or the cost of the site, whichever is the lesser in the case of projects located in any other area,

(b)        (i)         where works commenced on or after the 15th day of June, 2000, £30,000 or the cost of the site, whichever is the lesser, in the case of projects located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, and

(ii)        £25,000 or the cost of the site, whichever is the lesser in the case of projects located in any other area,

(c)        (i)         where works commenced on or after the 15th day of June, 2000 and where a project is approved for funding on or after the 1^st day of January, 2002, €38,100 or the cost of the site, whichever is the lesser, in the case of projects located in the administrative area of a city council or in the administrative county of Fingal, Dún Laoghaire-Rathdown and South Dublin, and

(ii)        €31,800 or the cost of the site, whichever is the lesser in the case of projects located in any other area.”;

(2)       by the substitution for sub-article (3) of the following:

“(3)    Paragraph (c) of sub-article (1) shall apply to--

(a)       a person whose need for accommodation has been included in the most recent assessment made by a housing authority under section 9, or has been accepted by the authority for inclusion in the next such assessment;

(b)       an elderly person who emigrated from the State to another country and is returning to reside permanently in the State and -

(i)         is accommodated, in his or her country of residence, in housing provided by a housing authority or a housing association or in private rented accommodation, and

(ii)        the person's circumstances are such that he or she could not provide suitable accommodation out of his or her own resources;

(c)        (i)         a person being a tenant of a house owned by a housing authority, or

(ii)        a person or the successor in title of a person who was the tenant of a house provided by a housing authority and who purchased that house from the authority,

where, on or after the 14th day of February, 1991, either such person has provided a housing authority with vacant possession of the house by surrendering the tenancy or by conveying the house without compensation to the authority.”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to the payment of increased grants by the Minister in the period to July, 2001 in respect of the provision of assistance by housing authorities to approved voluntary housing bodies in respect of voluntary housing projects undertaken by such bodies.