Seán Fleming (Laois, Fianna Fail)
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1353. To ask the Minister for Housing, Planning, and Local Government the definition of a first-time buyer for a separated person in relation to the Rebuilding Ireland home loan scheme further to clarification requested by Laois County Council (details supplied); and if he will make a statement on the matter. [35932/18]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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The Regulations, under which the Rebuilding Ireland Home Loan is established, provide that the loan is available to first-time buyers only. The Regulations define a first-time buyer as having the same meaning as a first-time buyer in Section 92B of the Stamp Duties Consolidation Act 1999, which defines a first-time buyer as a person who has not individually or jointly with another person previously purchased a house or an apartment.

With regard to the correspondence referred to by the Deputy, my Department has responded to the Local Authority concerned in order to clarify the matter. The issue in question concerned the treatment of applicants for the Rebuilding Ireland Home Loan who have been divorced or separated. Prior to the launch of the scheme, my Department issued a detailed circular, a statutory credit policy, and frequently asked questions documentation to local authorities. The documentation includes details regarding the treatment of separated or divorced persons for the purposes of the scheme.

The scheme provides for, under limited circumstances, the means whereby applicants who are separated or divorced may be treated as first-time buyers, in accordance with the regulations. They must meet certain conditions as set out in Section 92B of the 1999 Act, including that:

- they are legally separated or divorced under a court order or by a separation agreement or have been granted an annulment by a court;

- the property being purchased is the first property since leaving the family home;

- they have left the family home and retain no interest in it;

- they have made no financial gain from the transfer of the ownership of the family home; and

- the other party has remained in the family home.

The loans under this scheme are provided by the local authorities and the applications are assessed by the Housing Agency on their behalf. Each local authority must have in place a credit committee which makes the final decision on applications for loans, in accordance with the regulations and having regard to the recommendations made by the Housing Agency.