Niall Collins (Limerick, Fianna Fail)
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Question 481: To ask the Minister for the Environment, Community and Local Government if and under what statute or legislation was the entity household charge established in order to receive payment and collect money for the €100 household charge; and if he will make a statement on the matter. [10876/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge.

Charlie McConalogue (Donegal North East, Fianna Fail)
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Question 482: To ask the Minister for the Environment, Community and Local Government if exemptions will be given in relation to the household charge to individual houses who are experiencing major structural problems with their dwellings and are currently going through the legal system at present with the developer; and if he will make a statement on the matter. [10882/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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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.

Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the courts.

The Local Government (Household Charge) Act 2011 provides for a number of exemptions and waivers from payment of the household charge.

The exemptions from payment of the household charge are -

· Residential properties that are part of the trading stock of a business and have not been sold or been the source of any income since construction,

· Residential property owned by a Minister of the Government, a housing authority or the Health Service Executive,

· Voluntary and co-operative housing,

· Residential property subject to commercial rates and wholly used as a dwelling,

· Residential property owned by certain charities or discretionary trusts, and

· Residential property which an owner has vacated due to long-term mental or physical infirmity (e.g. elderly person that has moved into a nursing home).

The waivers which apply concern -

· Owners of residential property entitled to mortgage interest supplement, and

· Owners of houses in certain unfinished housing estates.

In relation to pyrite, the independent Pyrite Panel is due to submit it's report to me shortly. On receipt of the report I will give careful consideration to the position of home owners whose homes are affected by pyrite. The identification of dwellings affected by pyrite is quite complex and this issue will need careful consideration following receipt of the report.