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25 1950

HOUSING (AMENDMENT) ACT, 1950

PART II.

Financial Provisions.

Grants for house purchase.

6. —(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a person purchasing a house on or after the passing of this Act a grant not exceeding the appropriate sum specified in the Second Schedule to this Act, if—

(a) erection of the house commenced or commences on or after the 1st day of November, 1947, and is completed on or before the 1st day of April, 1952, and is occupied for the first time on or after the date of completion of the purchase;

(b) the house complies with the rules set out in the First Schedule to the Act of 1932, as amended, in the case of houses completed on or after the passing of this Act, by section 14 of this Act;

(c) the house when purchased is occupied by the purchaser.

(2) The Minister shall not make a grant under this section in respect of a house for which a grant is or was made under any other enactment.

(3) The Minister shall not make more than one grant under this section to any person.

(4) The Minister shall not make a grant under this section in respect of a house for which he is prohibited from making a grant under subsection (3) of section 5 of the Act of 1932, as amended by section 4 of the Act of 1937.

(5) The Minister may make regulations for the purposes of this section.

(6) (a) Subsections (1) and (3) of section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), and subsections (1) and (3) of Section 24 of the Finance Act, 1949 (No. 13 of 1949), shall not apply to any instrument giving effect to the purchase of a house in respect of which a grant under this section may be made to the purchaser when the house is occupied by him and in lieu thereof such stamp duties shall be chargeable as would have been chargeable if those sections had not been enacted.

(b) Paragraph (a) of this subsection shall have effect if, but only if, the instrument contains a statement such as is referred to in subsection (4) of section 13 of the Finance (No. 2) Act, 1947 , or subsection (4) of section 24 of the Finance Act, 1949 , whichever is appropriate, and there is endorsed on the instrument a certificate under the seal of the Minister for Local Government that a grant under this section will be made to the purchaser when the house is occupied by him.

Grant by housing authority for house purchase or erection.

7. —(1) A housing authority may, in accordance with a scheme approved by the Minister, make, to a person erecting or purchasing a house in respect of which a grant is made under section 16 of the Act of 1948 or section 6 of this Act, a grant not exceeding the amount of the grant under such section.

(2) For the purposes of this section a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.

Grants for reconstruction.

8. —(1) Where a person, occupying a house, applies to the housing authority for a grant for the reconstruction of the house, then, subject to the provisions of this section,—

(a) the housing authority may make a grant to him in respect of such reconstruction, and

(b) the Minister, with the consent of the Minister for Finance and subject to the prescribed regulations, may also make, out of moneys provided by the Oireachtas, a grant in respect of such reconstruction.

(2) This section does not apply to a person who is an agricultural labourer within the meaning of the Labourers Acts or who derives his livelihood solely or mainly from the pursuit of agriculture.

(3) A grant may be made under this section only if—

(a) the house to be reconstructed is suitable for occupation by persons of the working classes, and

(b) the rateable valuation, or the aggregate of the rateable valuations, of any land or buildings occupied by the applicant does not exceed twelve pounds, and

(c) the Minister is satisfied that the proposed reconstruction is necessary in order to prolong the life of the house or to arrest or prevent deterioration or that it will substantially improve the amenities of the house.

(4) Subsections (2), (4), (6), (7) and (8) of section 5 of the Act of 1937, as amended, shall apply in respect of grants under this section as if those grants were grants under the said section 5.

(5) The Minister may make regulations for the purposes of this section.

Power to make second grant.

9. —(1) The Minister may make a grant in respect of the reconstruction of a house under section 16 of the Act of 1948, or section 8 of this Act, notwithstanding that a grant for the erection or reconstruction of the house has previously been made under any enactment, provided that at least fifteen years have elapsed since the date of completion of the erection of the house or of the reconstruction in respect of which such grant was made.

(2) A grant in accordance with this section may be made only in respect of the construction of a new roof or the provision of additional accommodation which involves an increase in the total floor area of the house and which, in the opinion of the Minister, will relieve overcrowding in the house.

(3) For the purposes of this section the installation of water and sewerage facilities may be regarded as forming part of the works necessary for the provision of additional accommodation.

Disqualification of certain houses for grants.

10. —No grant shall be made under the Act of 1948 or this Act in respect of—

(a) a house which is erected on, or on any part of, the site of a building in respect of the destruction of which compensation has been paid or is payable under the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941);

(b) a reconstructed house where compensation has been paid or is payable under that Act in respect of damage to the building before reconstruction.

Payment of grant to successor of deceased applicant.

11. —To remove doubts, it is hereby declared that where the applicant for a grant under section 16 of the Act of 1948 or under any section of this Act dies before the grant is paid, the grant may be paid to his successor in title if the latter occupies the house when completed.

Amendment of section 5 (3) of Act of 1932.

12. —A certificate under paragraph (e) of subsection (3) of section 5 of the Act of 1932 that a house is suitable for reconstruction may be given, notwithstanding that reconstruction has already begun or has been completed and, accordingly, the words “before such reconstruction” in that paragraph are hereby deleted.

Conditions as to rates of wages and conditions of labour.

13. —The Minister shall not make a grant under any enactment, or a contribution to annual loan charges under section 6 of the Act of 1932, in respect of the erection or reconstruction of a house where it is shown to his satisfaction that, throughout the erection or reconstruction, rates of wages have not been paid or conditions of labour observed at least as advantageous to the persons employed on the work as the appropriate rates of wages or conditions of labour generally recognised from time to time by trade unions in the area, during the period beginning with the preparation of the site and ending with the completion of the work.

Amendment of First Schedule to Act of 1932.

14. —The First Schedule to the Act of 1932 is hereby amended by the substitution of the following rule for rule 2:

“2. The floor area of a house shall not be less than 500 square feet or more than 1,400 square feet.”

Amendment and extension of section 44 of Act of 1948.

15. —(1) Section 44 of the Act of 1948 shall apply to every case in which a grant for the erection of a house is made under section 6 of this Act or a grant for the reconstruction of a house is made by the Minister under section 8 of this Act and no grant for such reconstruction is made by the housing authority.

(2) Section 44 of the Act of 1948 is hereby amended, with effect from the passing of that Act, by the substitution, in subsections (1), (2) and (3), of “section 16 or 17” for “section 16”.

(3) Subsection (7) of section 51 of the Local Government (Ireland) Act, 1898, shall not apply in relation to any refund payable by a local authority by reason of the operation of subsection (2) of this section.

Amendment of Second Schedule to Act of 1948.

16. —The Second Schedule to the Act of 1948 is hereby amended by the substitution in the first column of “£50” for “£35” as the maximum rateable valuation or aggregate of rateable value for the purposes of a grant in respect of a house the reconstruction of which is commenced on or after the passing of this Act.