Timmy Dooley (Clare, Fianna Fail)
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Question 18: To ask the Minister for the Environment, Community and Local Government the plans he has developed in relation to collecting the household charge from both homeowners who have not paid and from homeowners in arrears on instalment payments; and if he will make a statement on the matter. [31160/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge. Under the Act, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge, unless otherwise exempted or entitled to claim a waiver. The household charge is on a self-assessment basis and it is a matter for an owner of a residential property on the liability date to determine if he/ or she has a liability and, if so, to declare that liability and pay the household charge.

The Local Government Management Agency (LGMA) administers the household charge system on a shared service/agency basis for all county and city councils. Instalment payments were available by direct debit only and persons opting to pay in this way had to register their details with the LGMA before 1 March 2012. This deadline was necessary in order to meet banking requirements for direct debit arrangements.

Under section 5(1) of the Act, the owner of a residential property, who on a liability date, is liable to pay a household charge to a relevant local authority, or who is entitled to a waiver from payment of a household charge under section 4(4), must make and provide to the relevant local authority a declaration stating that he or she is so liable or so entitled, as the case may be. Under section 5(2) of the Act, the declaration must, in the case of a person who is liable to pay a household charge, be accompanied by payment of the household charge in respect of the property concerned.

The Act further provides for offences where a person contravenes these statutory requirements. In addition, late payment penalties apply where payment is not made by 31 March 2012 and household charges and late payment penalties are a charge against the property which will have to be discharged in the event of the sale or transfer of the property concerned.

Section 12 of the Act places collection of the charge under the care and management of local authorities. It is therefore a matter for each individual local authority to utilise the provisions of the legislation, including data sharing with the Electricity Supply Board, Private Residential Tenancies Board, Revenue Commissioners and the Department of Social Protection, in the context of any undeclared properties that may be identified.

The legislation empowers local authorities to bring and prosecute summary proceedings for an offence under the Act and local authorities will pursue those who may have a liability and initiate court proceedings where it is considered appropriate.