Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Environment, Community and Local Government if he will examine the case of persons making new or joint applications for local authority housing loans currently being refused on the basis of having previously obtained a loan in the context of a previous relationship; if, in view of their housing needs and equality legislation, steps can be taken to ensure that such applicants are not disallowed on the basis of the aforesaid criteria; and if he will make a statement on the matter. [13543/13]

Jan O'Sullivan (Limerick City, Labour)
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One of the conditions applying to the availability of local authority mortgages is that the applicant be a first time buyer. However, Section 92B of the Stamp Duties Consolidation Act 1999 defines first time buyers as including a spouse to a marriage the subject of a decree of judicial separation, a deed of separation, a decree of divorce or a decree of nullity in the case of the first acquisition of a house by the spouse following the separation or divorce provided that the spouse had, in relation to the former marital home,

- left that home;

- not retained an interest in that home;

- immediately prior to the date of the decree or deed of separation is not beneficially entitled to an interest in a house other than the marital home. At the date of the decree or deed of separation, the separated/former spouse must also be in occupation of the home which was occupied by both spouses prior to the separation or dissolution of marriage. In such circumstances, an applicant may be considered a first time buyer for the purposes of local authority loans.

I am happy that the current mortgage loan model is fair, adequately meets the needs of prospective borrowers and facilitates participation in housing acquisition initiatives such as the tenant purchase schemes.