Olivia Mitchell (Dublin South, Fine Gael)
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Question 147: To ask the Minister for the Environment, Community and Local Government if he will confirm that an elderly person admitted to a nursing home in mid 2011 is liable for the household charge in 2012 and if this is the case, if a fairer arrangement can be made; and if he will make a statement on the matter. [20976/12]

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. There are a number of exemptions and waivers from payment of the household charge under the legislation. In particular, section 4(2) of the Act provides an exemption from liability to pay the household charge for the year in which that liability date falls if, on that date, the owner of a residential property, which was that person's main or sole residence, is not residing in that property by reason of his or her having had to vacate the property due to long term mental or physical infirmity and that person is residing in another property that he/she does not own.

Section 4(6) of the Act defines the meaning of "long term mental or physical infirmity" as that which required the person to vacate the property in which he/she had been dwelling for a continuous period of more than 12 months and provides that such an infirmity must be certified by a registered medical practitioner. As such, a person would have had to vacate the property in question by 31 December, 2010 to be entitled to claim a waiver from payment of the household charge in 2012.