Ms Clare Costello:

As I outlined to Deputy Conway-Walsh, the way the legislation is currently drafted means that if any of the properties are withdrawn from the rental market within the four years following the year of claim, the call back applies. We have thought of the situation you have just outlined, Chair, of somebody passing away. That will have to be considered in future by the Minister.

It is not an immediate problem for this year because it will not be able to be claimed until 2024 but it is something that we need to consider in the sense of whether it is an unduly harsh application of the clawback situation. At the moment if somebody was to pass away, the clawback would apply but it is something the Minister could consider going forward, if he considers that it is perhaps a little bit of a harsh interpretation.