Tuesday, 21 February 2012
Department of Environment, Community and Local Government
Local Authority Charges
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]
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.