Written answers

Wednesday, 21 March 2012

Department of Environment, Community and Local Government

Local Authority Charges

9:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 345: To ask the Minister for the Environment, Community and Local Government if he has considered a waiver from the household charge for those who find that they have pyrite in their homes; and if he will make a statement on the matter. [14893/12]

Photo of John LyonsJohn Lyons (Dublin North West, Labour)
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Question 353: To ask the Minister for the Environment, Community and Local Government if he has received the independent pyrite panel's report; and when he expects to make a decision on whether to exempt housing estates that have confirmed pyrite before the household charge payment deadline of 31 March 2012. [15081/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 345 and 353 together.

The independent Pyrite Panel is due to submit its report to me in the near future. There is still some continuing work being completed by the Panel. On receipt of the report I will give careful consideration to the content of the report and any recommendations it may contain in relation 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 can only be given full consideration following receipt of the Panel's report.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Question 346: To ask the Minister for the Environment, Community and Local Government his plans regarding exemptions from the household charge for those acting as executors of wills (details supplied); and if he will make a statement on the matter. [14899/12]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 347: To ask the Minister for the Environment, Community and Local Government if he will consider amending the household charge and the non-principal private residence legislation to postpone the charges in cases when a person is acting as a executor and is charged with selling a house on behalf of a deceased person until the sale has finalised; and if he will make a statement on the matter. [14974/12]

Photo of Paul ConnaughtonPaul Connaughton (Galway East, Fine Gael)
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Question 359: To ask the Minister for the Environment, Community and Local Government if he will consider amending legislation in regard to the household charge to take into account persons who are executors of wills and find themselves liable for the household charge and non-principal private residence charge, as well as other utility bills; if a regime will be instituted whereby the household charge could be recouped once the property is sold or transferred to another party; and if he will make a statement on the matter. [15264/12]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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Question 360: To ask the Minister for the Environment, Community and Local Government if he will consider exempting executors of wills from liability for the non-principal primary residence and household charges on account of the temporary nature of their possession of residences; if he will consider deferring these changes until the properties in the charge of executors have been sold on or passed to the appropriate beneficiary under the terms of the governing will of the deceased; and if he will make a statement on the matter. [15268/12]

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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Question 369: To ask the Minister for the Environment, Community and Local Government if he will consider amending the law relating to the non-principal private residence charge so that executors of wills are not liable to pay the charge in respect of residential property which is vested in their name solely in their capacity as a personal representative; and if he will make a statement on the matter. [15333/12]

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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Question 370: To ask the Minister for the Environment, Community and Local Government if he will amend payment provisions for the household charge to provide for deferral payment until the sale of the property for persons acting as executors of wills who are charged with selling a house on behalf of the estate of a deceased person; and if he will make a statement on the matter. [15334/12]

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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Question 375: To ask the Minister for the Environment, Community and Local Government his plans to defer the levy of the household charge on properties which are currently under the control of executor of wills until the resolution of the will. [15397/12]

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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Question 397: To ask the Minister for the Environment, Community and Local Government if he will consider a deferral of payment for the household charge for those who are unknowingly executors of wills and who are in difficulty selling a property due to the collapse of the property market; and if they can pay the household charge and the second household charge at a later date once the property is sold; and if he will make a statement on the matter. [15706/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 346, 347, 359, 360, 369, 370, 375 and 397 together.

The Local Government (Household Charge) Act 2011 and the Local Government (Charges) Act 2009, as amended, set out the legislation underpinning the household charge and the charge on non-principal private residences respectively.

Application of the legislation 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.

Both Acts contain common provisions dealing with the situation where a person who is the sole owner of a residential property dies. The legislation provides that the personal representative of the deceased person is not, in respect of that residential property, liable to pay the household charge or the charge on non-principal private residences relating to a year in which the liability falls after the date of death of the deceased person and before the date of issue of a grant of representation to the estate of the deceased person.

The specific provisions are contained in section 4(3) of the Local Government (Household Charge) Act 2011 and, in relation to the charge on non-principal private residences, in section 4(7) of the Local Government (Charges) Act 2009, as amended.

In addition, both Acts provide that where a person who is the sole owner of a residential property dies and, at the date of his or her death, a household charge or a charge on non-principal private residence (and any related late payment penalties) remains unpaid in relation to that property, no further late payment penalties are payable in relation to that property until a grant of representation to the estate of the deceased person issues to the personal representative of such deceased person.

The personal representative of such deceased person is, as soon as a grant of representation to the estate of the deceased person issues to him or her, liable to pay to the relevant local authority the full amount due and owing by the deceased, at the date of his or her death, in respect of the household charge or the charge on non-principal private residences and any related late payment penalties. Where the full amount owing is paid by the personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased, he or she shall have no further liability. Where the full amount owing is not paid by the personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased, he or she is liable to pay late payment penalties, in addition to the full amount, from the date of issue of the grant of representation to the estate of the deceased.

These provisions are contained in section 7(3) – 7(6) of the Local Government (Household Charge) Act 2011 and section 6(3) – 6(6) of the Local Government (Charges) Act 2009, as amended.

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