Peter Mathews (Dublin South, Fine Gael)
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Question 354: To ask the Minister for the Environment, Community and Local Government if he will consider making a group (details supplied) exempt from the household charge; and if he will make a statement on the matter. [13668/12]

Robert Troy (Longford-Westmeath, Fianna Fail)
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Question 355: To ask the Minister for the Environment, Community and Local Government if he will allow any exemptions to the household charge for persons who are finding it difficult to pay the standard €100, and clarify that persons in receipt of social welfare are not exempt from the household charge. [13684/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 354 and 355 together.

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge.

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.

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 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 from the Department of Social Protection, and

· Owners of houses in certain unfinished housing estates.

There are no exemptions or waivers in the legislation in respect of owners of residential property who are in receipt of social welfare payments other than that concerning mortgage interest supplement as set out above.