Pearse Doherty (Donegal, Sinn Fein)
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127. To ask the Minister for Finance his understanding of the term first-time buyer in the context of the Central Bank's macro prudential rules, the help-to-buy scheme and other schemes in which this term is used; if this is an identical term in all cases; if not, the differences in the terms used; and if he will make a statement on the matter. [16953/17]

Pearse Doherty (Donegal, Sinn Fein)
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128. To ask the Minister for Finance if, under the Central Bank's mortgage rules, persons seeking to buy a home with a partner are still classified as non-first time buyers if they have, for example, previously added their name to a mortgage on their parents' home for a short period,; and if he will make a statement on the matter. [16954/17]

Pearse Doherty (Donegal, Sinn Fein)
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129. To ask the Minister for Finance if a mechanism exists whereby a person deemed not to be a first-time buyer can present a case as to why his or her specific circumstances are exceptional in the context of the Central Bank's mortgage rules and the help to buy scheme; and if he will make a statement on the matter. [16955/17]

Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 127 to 129, inclusive, together.

The statutory framework for the Central Bank of Ireland macro-prudential rules on residential mortgage lending is Regulations made under the Central Bank (Supervision and Enforcement) Act 2013. In this context, S.I. No. 47/2015 (the statutory instrument which implements the mortgage measures) provides that a "first-time buyer" means, "subject to paragraph (2), a borrower to whom no housing loan has ever before been advanced"; (paragraph 2 subsequently provides that where the borrower under a housing loan is more than one person and a housing loan has previously been advanced to any one of those persons, none of those persons is a first-time buyer).

On the Revenue aspect, there are two schemes in the Taxes Consolidation Acts 1997 which provide assistance for first-time purchasers. Section 266A provides for a repayment of DIRT to first-time purchasers and was introduced by the 2014 Finance Act. Section 477C is the new Help-to-Buy scheme that was introduced by the 2016 Finance Act. For the purposes of these provisions, a first-time purchaser is an individual who has not, either individually or jointly with any other person or persons, previously purchased or previously built, directly or indirectly, on his or her own behalf a dwelling.

It is a matter of fact whether an individual meets the requirements as a "first-time buyer" or "first-time purchaser" under the two different statutory frameworks. Where the position is unclear, for example where a person has their name added to a mortgage, the individual should provide full details to their proposed lender or to the Revenue Commissioners as appropriate so that they may consider the position and assist the individual.

Under the Help-to-Buy Scheme, an individual who is aggrieved by a decision made by the Revenue Commissioners to refuse a claim may appeal that decision to the Appeal Commissioners within 30 days of the notice of the decision. Likewise, if an individual is unhappy with a decision made by a regulated financial service provider, the errors and complaints resolution provisions of the Consumer Protection Code will be available, and if necessary a complaint can be submitted to the independent Financial Services Ombudsman.