Emmet Stagg (Kildare North, Labour)
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Question 523: To ask the Minister for the Environment, Heritage and Local Government if he has made regulation under the Housing (Miscellaneous Provisions) Act 2009 to enable affordable home purchases to re-finance their existing mortgages with private banking institutions. [7829/10]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 542: To ask the Minister for the Environment, Heritage and Local Government the position regarding his proposals to allow existing local authority mortgage holders to re-mortgage without triggering the claw-back; and if he will make a statement on the matter. [8088/10]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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I propose to take Questions Nos. 523 and 542 together.

While provision has been made in the Housing (Miscellaneous Provisions) Act 2009 to allow purchasers under the new Affordable Dwelling Purchase Arrangements to re-mortgage or top-up their mortgage without triggering the clawback, the Act does not, in error, provide this facility for purchasers under existing affordable housing or shared ownership arrangements. I have requested my Department to arrange to have the provisions necessary to address this matter included in the first appropriate legislative vehicle that becomes available.