Tuesday, 21 February 2012
Department of Environment, Community and Local Government
Local Authority Charges
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Question 448: To ask the Minister for the Environment, Community and Local Government the person who is liable to pay the household charge in the event of a house being in probate, with one sibling still living in the house. [9333/12]
Phil Hogan (Minister, Department of Environment, Community and Local Government; Carlow-Kilkenny, Fine Gael)
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. 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. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts. Section 1 of the Act sets out the definition of “owner” for the purposes of the legislation. Where there is no owner of a residential property on the liability date a household charge is not payable.