Anne Rabbitte (Fianna Fail)

I thank the Minister of State for being here this evening. I thank my colleague, Senator Casey, for previously raising an issue in relation to the Affordable Housing Act 2021. It generally excludes applicants who have previously owned a property from the first-time buyer allowances and grants. Perhaps we can look at that in the future. The Act recognises certain exemptions under the fresh start principle whereby an applicant may be treated as single for housing purposes if their marriage or civil partnership has legally ended. Specifically, the legislation recognises divorced individuals as single, as well as individuals who have obtained a judicial separation or divorce decree, but a person who becomes a widow or widower is not seen as single. It is an anomaly in the Act but it is also within the Equality Act. It is hard to believe that under the first home scheme, if a person becomes widowed and at the same time loses their property due to insolvency and has gone through that whole process, they cannot apply for the first home scheme. It is unfortunate but it is an anomaly. Cases have been sent forward to the first home scheme, but because of how the Act is constituted, they could not be approved. It is hard to believe people like that are excluded. The current interpretation of the fresh start principle does not extend to widowed applicants. This creates inequity. Where a marriage ends by divorce or dissolution, the applicant is deemed single and may qualify for supports. Where a marriage ends by death, the surviving spouse is de facto unmarried yet is excluded from the scheme because of their status. This exclusion is illogical and unfair and the person cannot legally remain married to a deceased spouse. The marriage has ended by operation of law. Widowed persons should not have to satisfy a statutory definition of the end of their marriage. Today is not the day for it but there is an anomaly. It needs to be addressed. The Minister of State it not the first I have raised it with. I have raised it with numerous people.

On the interpretation of insolvency exemptions, section 10(5) of the Act provides another exemption for those affected by insolvency, stating "as part of a personal insolvency or bankruptcy arrangement or proceedings or other legal process consequent upon insolvency". This provision has been interpreted narrowly so that only individuals who went through formal bankruptcy, divorce or dissolution are included. A person who has sold their property and gone through the court proceedings is excluded from it. I have no doubt the Minister of State will take this on board and bring it back to officials.