DÁIL ÉIREANN AN BILLE RIALTAIS ÁITIÚIL (MUIREAR TEAGHLAIGH), 2011 LOCAL GOVERNMENT (HOUSEHOLD CHARGE) BILL 2011 LEASUITHE COISTE COMMITTEE AMENDMENTS

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1 DÁIL ÉIREANN AN BILLE RIALTAIS ÁITIÚIL (MUIREAR TEAGHLAIGH), 2011 LOCAL GOVERNMENT (HOUSEHOLD CHARGE) BILL 2011 LEASUITHE COISTE COMMITTEE AMENDMENTS [It is proposed to take Second and Remaining stages of this Bill today. Accordingly, this list of amendments is circulated in advance of the conclusion of the Second Stage ] [No. 74a of 2011] [14 December, 2011]

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3 DÁIL ÉIREANN AN BILLE RIALTAIS ÁITIÚIL (MUIREAR TEAGHLAIGH), 2011 AN COISTE LOCAL GOVERNMENT (HOUSEHOLD CHARGE) BILL 2011 COMMITTEE STAGE Leasuithe Amendments SECTION 1 1. In page 3, before section 1, to insert the following new section: 1. This Act, as agreed, will be temporary in nature. It will have to be reviewed within 12 months from the date it becomes law.. SECTION 2 2. In page 6, subsection (2), between lines 2 and 3, to insert the (f) homes purchased under local authority Affordable Housing Schemes; (g) homes on which stamp duty has been paid from January 1st 2003 up unto December 31st 2011; (h) homes purchased through Shared Ownership Schemes; (i) homes affected by pyrite.. SECTION 3 3. In page 6, subsection (1), line 22, to delete and in each subsequent year thereafter,. 4. In page 6, subsection (2), lines 27 to 41, to delete all words from and including shall in line 27 down to and including prescribed. in line 41 and substitute the shall be 100, and shall not exceed 100 without an amendment to this Act.. 5. In page 6, between lines 30 and 31, to insert the following subsections: [No. 74a of 2011] [14 December, 2011]

4 [ SECTION 3 ] (3) The Social Inclusion Division of the Department of Social Protection will carry out a poverty impact analysis study on this section using internationally recognised deprivation indicators. (4) Those who own a residential property and whose annual income is less than 75,000 will be included in a waiver system.. 6. In page 6, lines 31 to 41, to delete subsection (3) and substitute the (3) The sum may be amended by the Oireachtas.. 7. In page 6, subsection (3)(b), line 37, after prescribed, to insert the provided such sum has been approved by Dáil Éireann,. 8. In page 7, lines 5 to 19, to delete subsections (6) and (7). Niall Collins, Brian Stanley. SECTION 4 9. In page 7, between lines 19 and 20, to insert the following subsection: 4. (1) The meaning given to a residential property, as outlined in section 2, shall not be amended save by the Oireachtas In page 7, subsection (2), between lines 41 and 42, to insert the (d) residents of a building vested in a Minister of the Government, a housing authority (within the meaning of the Act of 1992) or the Health Service Executive shall not be liable for the household charge, (e) the year in which the liability fall if on that date, he or she is in receipt of payments from the Department of Social Protection, including Jobseekers Allowance, Jobseekers Benefit, Supplementary Welfare Allowance Family Income Supplement, Farm Assist, Old Age Non Contributory Pension, Disability Allowance, Disablement Benefit or Blind Pension, (f) the year 2012 and 2013, he or she is able to satisfy the relevant local authority that he or she has not been able to pay more than 75 per cent of his or her mortgage repayments in the preceding year on their residential property,. 11. In page 8, subsection (4)(b), line 15, to delete the year 2012 and the year

5 [ SECTION 4 ] 12. In page 8, subsection (4)(b), line 15, after 2013 to insert and for every year in the life of the Act,. 13. In page 8, subsection (4)(b), line 17, after estate to insert the, or (c) the year in which the liability falls if, on that date, he or she is the holder of a medical card issued by the Health Service Executive, or (d) the year in which the liability falls if, on that date, he or she is in receipt of any of the following payments from the Department of Social Protection: (i) jobseekers allowance, or (ii) jobseekers benefit, or (iii) supplementary welfare allowance, or (iv) family income supplement, or (v) farm assist, or (vi) old age non-contributory pension, provided the recipient is not also in receipt of an occupational pension, or (vii) disability allowance, or (viii) disablement benefit, or (ix) blind pension, or (e) the year 2012 and the year 2013 if, on that date, he or she is able to satisfy the relevant local authority that the residential property in which he or she resides is a mortgaged property in respect of which he or she has not been able to pay more than 75 per cent of his or her mortgage repayments in the preceding year, or (f) the year 2012 and the year 2013 if, on that date, he or she is able to satisfy the relevant local authority that the residential property in which he or she resides is a mortgaged property that is currently valued at less than 75 per cent of the price at which the owner purchased the property, (g) homes purchased under the Affordable Housing scheme, (h) homes on which stamp duty has been paid from January 1st 2004 up unto December 31st 2011, (i) homes purchased through the Shared Ownership Scheme. (5) A person shall only be entitled to seek the waiver provided for in subsection (4)(e) if 3

6 [ SECTION 4 ] (a) the owner provides the relevant local authority with a certificate from the financial institution that provided the mortgage to the effect that the owner has failed to pay more than 75 per cent of his or her mortgage repayments in the preceding year, and (b) the financial institution certifies to the local authority that the owner has not fundamentally breached the terms and conditions of the mortgage agreement other than in respect of the non-payment of mortgage arrears. (6) A person shall only be entitled to seek the waiver provided for in subsection (4)(f) if (a) the owner provides the relevant local authority with a valuation from a registered member of the Institute of Professional Auctioneers and Valuers to the effect that the residential property in which he or she resides is a mortgaged property that is currently valued at less than 75 per cent of the price at which the owner purchased the property, and (b) the owner provides the local authority with a copy of the deed of conveyance or contract of purchase of the residential property identifying the price and date of purchase of the residential property. 14. In page 8, subsection (4), between lines 17 and 18, to insert the (c) Recipients of Disability Allowance, Carer s Allowance, Carer s Benefit, Respite Care Grant, Domiciliary Care, State Pensions, and Family Income Supplement, shall not be liable for the household charge.. Maureen O'Sullivan. 15. In page 8, subsection (4), between lines 17 and 18, to insert the (c) a home that is in negative equity; (d) the year in which the liability falls the home owner is in receipt of a medical card from the Health Service Executive or the following payments from the Department of Social Protection: (i) jobseekers allowance, or (ii) jobseekers benefit, or (iii) supplementary welfare allowance, or (iv) farm assist, or (v) old age non-contributory pension or (vi) disability allowance, or (vii) disablement benefit, or (viii) blind pension; (e) the home owner is in receipt of Family Income Supplement; (f) the income of the household is below 150,000; (g) the home owner is deceased.. 4

7 [ SECTION 4 ] SECTION In page 9, subsection (1), lines 8 to 14, to delete all words from and including who, in line 8 down to and including be. in line 14 and substitute the shall be informed by the Local Government Management Agency in the first instance of his or her liability for this charge In page 9, lines 15 to 40, to delete subsections (2) to (4). 18. In page 9, subsection (3), lines 27 and 28, to delete paragraph (a) and substitute the (a) (i) a single payment made on or before 6 months after the liability date,. 19. In page 9, subsection (3)(a)(ii), to delete lines 31 to 35 and substitute the (II) to be paid on or before 6 months after the liability date, provided that if any instalment is not paid in full and on time, the full outstanding balance of the household charge becomes immediately due,. 20. In page 9, subsection (5), line 42, before provides to insert knowingly. 21. In page 10, lines 1 to 5, to delete subsection (6). SECTION 6 SECTION In page 10, lines 22 to 48 and in page 11, lines 1 to 3, to delete subsection (1). 23. In page 11, lines 6 to 36, to delete subsections (3) to (7) and substitute the (3) At the date of death of any person who is the sole owner of a residential property any household charge, late payment fee, late payment interest or any part of such charge, fee or interest shall cease to exist In page 11, lines 6 to 36, to delete subsections (3) to (7) and substitute the 5

8 [ SECTION 7 ] (3) The household charge, late payment fee, late payment interest or any part of such charge, fee or interest shall cease to exist on the death of the person who is the owner of a residential property.. SECTION In page 11, subsection (1), line 40, after relates to insert unless the property has been sold or inherited. Niall Collins, Clare Daly, Joe Higgins, Richard Boyd Barrett, Joan Collins, Seamus Healy. SECTION In page 12, subsection (4), lines 30 to 34, to delete paragraph (b) and substitute the (b) if it is not so satisfied, refuse the application, give the applicant a statement in writing of the reason for the refusal and inform the applicant in writing of his or her entitlement to appeal the refusal to the Department of the Environment, Community and Local Government in 30 days in accordance with this section.. SECTION 13 SECTION 14 SECTION In page 17, lines 29 to 41 and in page 18, lines 1 to 10, to delete subsections (1) to (4). 28. In page 17, lines 29 to 35, to delete subsection (1). 29. In page 18, lines 5 to 10, to delete subsection (4). 30. In page 18, subsection (5), lines 13 to 15, to delete all words from and including may, in line 13 down to and including offence, in line 15 and substitute shall. SECTION 16 6

9 [ SECTION 17 ] SECTION 17 SECTION 18 SECTION In page 24, lines 7 to 12, to delete all words from and including the, where it firstly occurs, in line 7 down to and including person. in line 12 and substitute the the charge, late payment fee, late payment interest or any part of such charge, fee or interest shall cease to exist In page 25, to delete lines 1 to In page 25, to delete lines 6 to In page 25, to delete lines 13 to In page 30, subsection (1), lines 24 to 52, pages 31 and 32 and in page 33, lines 1 to 41, to delete paragraphs (k) and (l). 36. In page 35, subsection (3), line 9, to delete come into operation on 1 January 2012 and substitute the not come into operation until a full and comprehensive poverty impact analysis study referred to in section 3 is completed its findings agreed. 7