Housing Associations
HOUSING ACT 1966
Chapter IV
Contributions by Minister to Certain Annual Loan Charges
Section 44
Contributions by Minister to certain annual loan charges of housing authorities.
44.—F39[…]
Annotations
Amendments:
F39
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E141
Previous affecting provision: existing regulations carried forward under certain conditions (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(3) and sch., S.I. No. 297 of 1980; existing regulations revoked as per E-notes below.
E142
Previous affecting provision: power pursuant to section exercised (15.09.1978) by Housing Authorities (Borrowing and Management) Regulations 1974 (Amendment) Regulations 1978 (S.I. No. 270 of 1978); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E143
Previous affecting provision: power pursuant to section exercised (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E144
Previous affecting provision: power pursuant to section exercised (30.11.1972) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations (No. 2) 1972 (S.I. No. 294 of 1972); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E145
Previous affecting provision: power pursuant to section exercised (1.07.1972) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1972 (S.I. No. 159 of 1972), in effect as per reg. 3; revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E146
Previous affecting provision: power pursuant to section exercised (25.03.1971) by Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1971 (S.I. No. 111 of 1971); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E147
Previous affecting provision: subs. (2)(a)(vi) inserted (5.8.1970) by Housing Act 1970 (18/1970), s. 5, commenced on enactment; section repealed as per F-note above.
E148
Previous affecting provision: power pursuant to section exercised (13.06.1969) by Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1969 (S.I. No. 109 of 1969); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E149
Previous affecting provision: power pursuant to section exercised (13.04.1967) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (S.I. No. 71 of 1967); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
Section 45
Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes.
45.—(1) Subject to subsection (2) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister may, with the consent of the Minister for Finance, from time to time make, out of moneys provided by the Oireachtas, during such period not exceeding fifty years as the Minister may determine, a contribution towards the annual loan charges incurred by a body approved by the Minister for the purposes of this section in respect of money borrowed by them for the provision of dwellings or sites for building purposes to which this section applies.
(2) This section applies to dwellings and sites for building purposes in relation to which the Minister is unable to make a contribution by reason only of the fact that the dwellings or sites were provided other than by a housing authority.
(3) A contribution to annual loan charges made under this section shall not exceed in amount the maximum amount of the contribution which could be made by the Minister under section 44 of this Act if the dwellings or sites to which the contribution relates had been provided by a housing authority.
(4) Every contribution to annual loan charges under this section may be made by the Minister either direct to the body or on their behalf to the person from whom was borrowed the money in respect of which such loan charges were incurred.
Annotations
Modifications (not altering text):
C28
Functions of Minister under subs. (1) transferred (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
Schedule
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 21 of 1966
Housing Act 1966
Sections 5(3), 38, 45(1) and 47
…
…
…
Section 46
Withholding or reduction in amount of contributions.
46.—If at any time the Minister is satisfied that a body approved by him for the purposes of section 45 of this Act or a housing authority has or have failed to observe any conditions subject to which a contribution towards annual loan charges is made under or by virtue of this Chapter, the Minister may reduce the amount of any such contribution, or suspend or discontinue its payment, as he thinks proper.
Section 47
Payment by Minister in lieu of contributions to annual loan charges.
47.—(1) Where the Minister is entitled to make, but has not made, a contribution under this Chapter towards annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of section 45 of this Act, the Minister may, if he thinks fit, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the contribution pay to the borrower or to the person from whom the money was borrowed a sum of such amount as may be determined by the Minister but not exceeding the maximum contribution which the Minister is so entitled to make.
(2) Where a contribution has been made by the Minister under or by virtue of this Chapter towards the annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of the said section 45, the Minister may, if he thinks fit, at any time, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the further contributions, pay to the borrower or to the person from whom the money was borrowed a sum determined by the Minister to be equal to the capital value of the further contributions.
(3) Where the Minister has made a payment under this section and, as a condition of making the payment, has been given an undertaking which has not been complied with, the following provisions shall have effect:
(a) the authority or body shall be liable to repay to the Minister the amount of the payment; and
(b) the amount may be recovered by the Minister from the authority or body as a simple contract debt in any court of competent jurisdiction.
(4) Where a sum is due to a housing authority by the Minister and, at the same time, the authority is liable under subsection (3) of this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part.
(5) In this section, the “further contributions” means the contributions or contribution towards the annual loan charges incurred by a housing authority or by a body approved by the Minister for the purposes of the said section 45 in respect of borrowed money which, but for the making by the Minister of a payment in accordance with the provisions of subsection (2) of this section, would fall to be made by him under or by virtue of this Chapter.
Annotations
Modifications (not altering text):
C29
Functions of Minister under section transferred (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
Schedule
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 21 of 1966
Housing Act 1966
Sections 5(3), 38, 45(1) and 47
…
…
…
Section 48
Subsidy by Minister in respect of certain loan charges.
48.—F40[…]
Annotations
Amendments:
F40
Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., S.I. No. 223 of 1992, subject to certain exceptions and transitional provisions in subss. (2)-(5).
Housing (Miscellaneous Provisions) Act 1992
6. Assistance by housing authorities of certain bodies.
(1) A housing authority may, on such terms and conditions (including conditions requiring the giving of undertakings) as they think fit, assist—
(a) another housing authority [ … ], or
(b) [subject to subsection (8A), an approved housing body,],
in respect of the provision (whether provided by erection, purchase, improvement or conversion works) or management by the other authority [or approved housing body] of housing accommodation, or in respect of other matters in relation to housing.
(2) Assistance under subsection (1) may be given in one or more of the following ways—
(a) by a loan;
(b) by a periodic contribution to the funds of the other authority or [approved housing body];
(c) by a guarantee of sums owed by the other authority or [approved housing body] in respect of borrowings;
(d) by a grant;
(e) by a subsidy towards, or the remission in whole or in part of, loan charges incurred by the other authority or [approved housing body];
[(ea) by providing a dwelling of which the housing authority is the owner (including a house provided under Part V of the Planning and Development Act 2000) to another housing authority referred to in subsection (1)(a) or a body referred to in subsection (1)(b), under a contract or lease between the housing authority which owns the dwelling concerned and another housing authority referred to in subsection (1)(a) or [approved housing body] referred to in subsection (1)(b);]
(f) by a contribution in kind, whether by way of materials or labour or any other service.
(3) A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons (including a housing authority).
(4) Where a housing authority have under this section assisted another housing authority [approved housing body] and, as a condition of providing such assistance, have been given an undertaking which has not been complied with, the following provisions shall have effect:
(a) the authority or body who received the assistance shall be liable to repay such amount as may be determined by the authority who provided the assistance, and
(b) the amount shall, without prejudice to any other power in that behalf, be recoverable by the authority who provided the assistance from the authority or body who received it as a simple contract debt in any court of competent jurisdiction.
(5) Where the terms and conditions of assistance under this section enable the assistance to be secured by mortgage, the housing authority may, for the purpose of securing the assistance, enter into and carry out an agreement with any other mortgagee.
(6) [ … ]
(7) [ … ]
(8) The determination of the terms and conditions under which assistance under this section is provided shall be a reserved function.
[(8A) Where, by virtue of section 69 of the Housing (Regulation of Approved Housing Bodies) Act 2019, a person is receiving existing assistance (within the meaning of subsection (2)(b) of the said section 69), that person shall not receive from a housing authority any assistance under this section that is not existing assistance.]
(9) Where a housing authority have assisted a body under section 12 of the Principal Act in the provision of housing accommodation, the Minister may, with the consent of the Minister for Finance, recoup out of moneys provided by the Oireachtas all or part of such assistance.
(10) Any reference to section 5 of the Act of 1988 in sections 10 and 15 of that Act, in section 28 of the Building Societies Act, 1989, or in regulations made under the Housing Acts, 1966 to 1992, shall be construed as a reference to this section.
(11) In this section “housing accommodation” includes sites for caravans within the meaning of section 13 of the Act of 1988.
7. Subsidy towards rent of houses provided by certain bodies.
(1) Subject to such regulations as may be made by the Minister for the purposes of this section—
(a) a housing authority may pay a subsidy towards the rent of a house provided (whether provided by erection, purchase, improvement or conversion) by [an approved housing body,], and
(b) the Minister may, with the consent of the Minister for Finance, recoup to a housing authority, out of moneys provided by the Oireachtas, all or part of a subsidy paid by them under paragraph (a).
(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:
(a) the amount of the subsidy and the manner of its determination;
(b) the amount or proportion of the subsidy that may be recouped by the Minister;
(c) the class or classes of houses in respect of which the subsidy may be paid;
(d) the class or classes of persons or households in respect of which the subsidy may be paid;
(e) requirements in relation to the financial and family circumstances of persons occupying a house in a respect of which the subsidy may be paid;
(f) requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;
(g) requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;
(h) requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;
(i) the manner in and time within which an application for the subsidy shall be made;
(j) the manner of payment of the subsidy to the [approved housing body] providing the house and the conditions under which it is so paid to that [approved housing body];
(k) the payment of the subsidy, on behalf of [an approved housing body] to whom it is payable under subsection (1), to a person who has made a loan towards the provision of the house, or who has provided funds to a housing authority for the purpose of making such a loan, and the conditions under which it is so paid to that person;
(l) requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of a house concerned.
Housing (Miscellaneous Provisions) Act 2002
Section 12
Assistance by Minister to approved bodies.
12.—(1) The Minister may, with the consent of the Minister for Finance, pay out of moneys provided by the Oireachtas, a grant in respect of the administrative and general expenses of a body to which this section applies and standing approved of by the Minister for the purposes of this section.
(2) This section applies to a body which—
(a) represents or promotes the formation of co-operative or voluntary groups or associations which have as an object the provision of—
(i) houses, or
(ii) sites (within the meaning of the Housing (Traveller Accommodation) Act, 1998) for the accommodation of travellers (within the meaning of that Act),
or
(b) provides information, advice or training or conducts research in relation to housing including housing needs, standards, management, finance or any other aspect of housing policy either generally or in relation to a particular class or classes of persons that the Minister may specify, in particular, elderly persons, persons with a disability, homeless persons (within the meaning of the Housing Act, 1988) or travellers (within the meaning of the Housing (Traveller Accommodation) Act, 1998).
(3) A grant made under this section shall be subject to the terms and conditions that may be determined by the Minister from time to time.
(4) This section shall be deemed to have come into operation on 1 January 2001.
Annotations
Modifications (not altering text):
C12
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 9 of 2002
Housing (Miscellaneous Provisions) Act 2002
Sections 7, 11 and 12
…
…
…