Housing (Adaptation Grants for Older People and Disabled People) Regulations 2024

S.I. No. 612/2024 - Housing (Adaptation Grants for Older People and Disabled People) Regulations 2024 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of th November, 2024. I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me, by section 6 of the Housing (Miscellaneous Provisions) Act 1979 (No. 27 of 1979) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S. I. No. 408 of 2020)) and the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 ( S. I. No. 318 of 2015 ) (as adapted by the Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 ( S. I. No. 19 of 2023 )), with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, hereby make the following regulations: Citation and commencement 1. (1) These Regulations may be cited as the Housing (Adaptation Grants for Older People and Disabled People) Regulations 2024. (2) These Regulations come into operation on 1 December 2024. 2. In these Regulations— “annualised”, in relation to assessment within the current tax year, means combining the previous 13 weeks income, dividing it by 13 and multiplying by 52.18 to determine the equivalent annualised income; “approved cost”, in relation to improvement works, means the cost estimated by a housing authority to be the reasonable cost of carrying out the works or the actual cost of carrying them out, whichever is the lesser; “fixed track hoist” means a ceiling or wall mounted track which supports a mechanically moveable sling to lift and move a member of the household, with an enduring physical impairment, to whom the grant relates; “grant” means a grant for carrying out improvement works, subject to these Regulations, to a house paid by a housing authority under section 6 of the Housing (Miscellaneous Provisions) Act 1979 (No. 27 of 1979); “house” means that part of a house or an apartment used as a dwelling, but does not include any out office, yard, garden or other land appurtenant to it, and — (a) in relation to Regulations 3 and 5 means— (i) owner occupied housing, (ii) private rented accommodation, or (iii) accommodation provided by an approved housing body (within the meaning of the Housing (Regulation of Approved Housing Bodies) Act 2019 (No. 47 of 2019), and (b) in relation to Regulation 4, means owner occupied housing; “household income” means— (a) the combined annual gross income in the previous tax year of both the owner of any house the subject of an application for a grant under these Regulations, together with, if applicable, that of his or her spouse, (b) where the person for whom the improvement works are required, is the owner or, if applicable, the spouse of the owner, of the house, and he or she has had an immediate and substantial change in earnings on a long-term basis arising from illness, injury or disability, as confirmed by a medical consultant, the previous 13 weeks earnings, from the date an application is received by the local authority, can be annualised for the purpose of assessment within the current tax year, or (c) where the house the subject of an application under these Regulations is also the subject of a tenancy agreement registered with the Residential Tenancies Board, the combined annual gross income in the previous tax year of both the tenant of the house together with, if applicable, that of his or her spouse; “improvement works” means— (a) in relation to Regulations 3 and 5— a grant paid by a housing authority for adaptation works referred to in those Regulations, and (b) in relation to Regulation 4— a grant paid by a housing authority that Regulation for repair works referred to in that Regulation, to the house to which a grant relates; “spouse” means— (a) each person of a married couple that are living together, (b) a civil partner, within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010), or (c) one of two people who are cohabitating together, within the meaning of section 172 of that Act; “tax reference number” means— (a) the Personal Public Service (PPS) Number stated on any determination of tax credits and standard rate cut-off point issued to a person by an inspector of taxes, (b) in the case of a self-employed person or a company, the reference number stated on any return of income form or notice of assessment issued to that person or company by an inspector of taxes, or (c) the registration number assigned to a person under section 65 of the Value Added Tax Consolidation Act 2010 (No. 31 of 2010). Housing adaptation grant for disabled people 3. (1) A housing authority may pay a grant to a person for the provision of additional accommodation or the carrying out of improvement works that, in the opinion of the authority, are reasonably necessary for the purpose of rendering a house more suitable for the accommodation of a member of the household who has an enduring physical, sensory, mental health or intellectual impairment. The grant may include the costs of purchasing and installing a fixed track hoist. (2) A housing authority may prioritise applications for grant assistance on medical or mobility grounds. (3) A grant shall not exceed, where the household income falls within the bands specified in column (2) of the Table to this paragraph at any reference number in column (1) of the Table, the percentage cost of the improvement works approved in column (3) of the Table at that reference number, up to a maximum contribution as specified— (a) in column (4) in respect of improvement works carried out to a house which has been erected for a period of 12 months or more, or (b) in column (5) in respect of improvement works due to be carried out to a house— (i) where its construction has not yet commenced, once planning permission is granted under the Planning and Development Act 2000 (No. 30 of 2000) in respect of its construction, or (ii) which has been erected for a period of less than 12 months. Reference number (1) Household income (2) Percentage of cost of improvement works available (3) Maximum grant for houses erected for more than 12 months (4) Maximum grant for houses erected for less than 12 months (5) 1. Up to €37,500 2. €37,501 – €43,750 3. €43,751 – €50,000 4. €50,001 – €62,500 5. €62,501 – €75,000 6. In excess of €75,000 No grant is payable No grant is payable No grant is payable (4) The household income as specified in the bands in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by €6,250— (a) for each member of the household in full-time occupation of the house where such member— (i) is aged not more than 18 years, or (ii) is aged 18 years but not more than 23 years and is in full-time third level education, or (b) where the person for whom the application for grant aid is sought, is being cared for by a relative on a full-time basis. (5) The household income as specified in the bands in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by up to a maximum of €6,250 for housing costs incurred. (6) (a) Where the owner of a house which is the subject of an application for a grant is contributing towards the residential care fees for his or her spouse or other owner of the house, the household income as specified in the bands in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by the amount of residential care fees incurred, taking account of any Revenue marginal rate tax allowance, up to a maximum of €12,500. (c) Where subparagraph (b) of paragraph (4) is also applicable, the maximum reduction of household income as specified in the bands in column (2) of the Table to paragraph (3) applicable under subparagraph (b) of paragraph (6) is reduced up to a maximum of €6,250. (7) A grant shall not be paid unless the member of the household to whom paragraph (1) refers occupies the house as his or her normal place of residence on completion of the improvement works. (8) A grant shall not be paid for improvement works already commenced or completed on a house in advance of an application for a grant in respect of the house being submitted and approved by the housing authority concerned. (9) Where a grant is paid in respect of works carried out to a house which has been erected for a period— (a) of 12 months or more, the Minister may make to the housing authority concerned a contribution which shall not exceed 85% of the approved cost of the works or €34,000, whichever is the lesser, or (b) of less than 12 months the Minister may make to the housing authority concerned a contribution which shall not exceed 85% of the approved cost of the works or €17,000, whichever is the lesser. (10) (a) A housing authority shall not process more than one application at any one time for a grant for the same member of the household. (b) Notwithstanding paragraph (7) or subparagraph (a), in the case of a disabled person whose parents do not reside together and for whom works are necessary, a grant may be paid for improvement works to a second house in which the other parent resides, where in the opinion of the housing authority concerned, the works are reasonably necessary for that person’s accessibility of use of the second house. (11) In this Regulation “grant” means a grant subject to this Regulation. Housing aid for older people grant 4. (1) A housing authority may pay a grant to a member of the household for the carrying out of improvement works to a house where, in the opinion of the authority, it considers the works reasonably necessary to make the house habitable for the lifetime of the occupant. (2) A housing authority may prioritise applications for grant assistance on medical grounds. (3) A grant, shall not exceed, where household income falls within the bands specified in column (2) of the Table to this paragraph at any reference number in column (1) of the Table, the percentage cost of repairs or improvement works approved in column (3) of the Table at that reference number, up to a maximum contribution as specified in column (4). Reference number (1) Household income (2) Percentage of cost of improvement works available (3) Maximum grant available (4) 1. Up to €37,500 2. €37,501 – €43,750 3. €43,751 – €50,000 4. €50,001 – €62,500 5. €62,501 – €75,000 6. In excess of €75,000 No grant is payable No grant is payable (4) The household income as specified in the bands in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by €6,250 — (a) for each member of the household in full-time occupation of the house where such member— (i) is aged not more than 18 years, or (ii) is aged 18 years but not more than 23 years and is in full-time third level education, or (b) where the person for whom the application for grant aid is sought, is being cared for by a relative on a full-time basis. (5) The household income as specified in the bands in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by up to €6,250 for housing costs incurred. (6) (a) Where the owner of a house which is the subject of an application for a grant is contributing towards the residential care fees for his or her spouse or other owner of the house, the household income as specified in the bands in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by the amount of residential care fees incurred, taking account of any Revenue marginal rate tax allowance, up to a maximum of €12,500. (c) Where subparagraph (b) of paragraph (4) is also applicable the maximum reduction of household income as specified in the bands in column (2) of the Table to paragraph (3) applicable under subparagraph (b) of paragraph (6) is reduced up to a maximum of €6,250. (7) A grant shall not be paid unless the member of the household to whom paragraph (1) refers occupies the house concerned as his or her normal place of residence on completion of the works. (8) A grant shall not be paid for improvement works already commenced or completed on a house in advance of an application for a grant in respect of the house being submitted and approved by the housing authority concerned. (9) Where a grant is paid, the Minister may make to the housing authority concerned a contribution which shall not exceed 85% of the approved cost of the works or €9,095, whichever is the lesser. (10) A housing authority shall not process more than one application for a grant at any one time for the same member of the household. (11) In this Regulation “grant” means a grant subject to this Regulation. Mobility aids grant 5. (1) A housing authority may pay a grant to a person for the carrying out of improvement works to a house that, in the opinion of the authority, are reasonably necessary to facilitate the mobility needs of a member of the household. (2) A grant may be paid towards the costs of installation of: (a) accessible showers; (b) access ramps; (c) grab rails; (d) stair lifts; (e) fixed track hoists; (f) other minor works, as may be deemed necessary by the housing authority concerned to facilitate the mobility needs of a member of a household. (3) A grant shall not exceed, where the household income falls within the band specified in column (2) of the Table to this paragraph at any reference number in column (1) of the Table the percentage amount of improvement works specified in column (3) of the Table at that reference number, up to a maximum contribution as specified in column (4). Reference number (1) Household income (2) Percentage of cost of improvement works available (3) Maximum grant (4) 1. Up to €37,500 (4) The household income as specified in the band in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by €6,250— (a) for each member of the household in full-time occupation of the house where such member— (i) is aged not more than 18 years, (ii) is aged 18 years but not more than 23 years and is in full-time third level education, or (b) where the person for whom the application for grant aid is sought, is being cared for by a relative on a full-time basis. (5) The household income as specified in the band in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by up to €6,250 for housing costs incurred. (6) (a) Where the owner of a house which is the subject of an application for a grant is contributing towards the residential care fees for his or her spouse or other owner of the house, the household income as specified in the band in column (2) of the Table to paragraph (3) shall be reduced for eligibility purposes under that column by the amount of residential care fees incurred, taking account of any Revenue marginal rate tax allowance, up to a maximum of €12,500. (c) Where subparagraph (b) of paragraph (4) is also applicable the maximum reduction of household income as specified in the bands in column (2) of the Table to paragraph (3) applicable under subparagraph (b) of paragraph (6) is reduced up to a maximum of €6,250. (7) A grant shall not be paid unless the member of the household to whom the grant is to be paid under paragraph (1) occupies the house as his or her normal place of residence on completion of improvement works to the house. (8) A grant shall not be paid for improvement works already commenced or completed on a house in advance of an application for a grant in respect of the house being submitted and approved by the housing authority concerned. (9) Where a grant is paid in respect of improvement works carried out to a house, the Minister may make to the housing authority concerned a contribution which shall not exceed 85% of the approved cost of the works or €6,800, whichever is the lesser. (10) (a) A housing authority shall not process more than one application at any one time for a grant for the same member of the household. (b) Notwithstanding paragraph (7) or subparagraph (a), in the case of a disabled person whose parents do not reside together and for whom works are necessary, a grant may be paid for improvement works for a second house in which the other parent resides, where in the opinion of the housing authority concerned, the works are reasonably necessary for that person’s accessibility of use of the second house. (11) In this Regulation “grant” means a grant subject to this Regulation. Further grant payment conditions 6. A grant shall not be paid by a housing authority unless— (a) the owner of the house which is the subject of an application for the grant furnishes to the housing authority his or her tax reference number, details of his or her tax division and a statement that his or her tax affairs are in order, or (b) the contractor carrying out improvement works to the house or, where there is more than one such contractor, each contractor, furnishes the housing authority with the contractor’s name, address, tax reference number and tax division and the number and expiry date of a certificate of authorisation, or of a tax clearance certificate, issued to the contractor by the Revenue Commissioners. Income disregards and deductions 7. The level and nature of any household income to be reduced for eligibility purposes or disregarded or deducted by a housing authority in respect of a grant shall be in accordance with any guidelines issued by the Minister under section 5 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009). 8. (1) The following are revoked: (a) the Housing (Adaptation Grants for Older People and People with a Disability) Regulations 2007 ( S.I. No. 670 of 2007 (b) the Housing (Adaptation Grants for Older People and People with a Disability) (Amendment) Regulations 2014 ( S.I. No. 104 of 2014 (c) the Housing (Adaptation Grants for Older People and People with Disability) (Fixed Track Hoists) Regulations 2023 ( S.I. No. 361 of 2023 ). (2) The Regulations revoked under paragraph (1) continue to apply to applications under those Regulations received by a housing authority before the commencement of these Regulations. The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of the foregoing Regulations. GIVEN under my Official Seal, 5 November, 2024. PASCHAL DONOHOE, Minister for Public Expenditure, National Development Plan Delivery and Reform. GIVEN under my Official Seal, 5 November, 2024. DARRAGH O’BRIEN Minister for Housing, Local Government and Heritage. EXPLANATORY NOTE This note is not part of the Instrument and does not purport to be a legal interpretation ). These Regulations provide for: • the schemes of grants for the adaptation of houses for disabled people and older people and the carrying out of necessary improvements to the houses of older people; • increases in the maximum amount of grant payable by local authorities under the Housing Adaptation Grant for Disabled People (formerly known as the Housing Adaptation Grants for People with a Disability); • increases in the maximum amount of grant payable by local authorities under the Housing Aid for Older People Grant; • increases in the maximum amount of grant payable by local authorities under the Mobility Aids Grant; • increases in the percentage of the approved cost of works, which can be paid by a local authority by way of a grant under the Housing Adaptation Grant for Disabled People from 95% to 100% in the maximum grant payable; • increases in the percentage of the approved cost of works, which can be paid by a local authority by way of a grant under the Housing Aid for Older People Grant from 95% to 100% in the maximum grant payable; • increase in the percentage of grant that can be paid by a local authority by way of a grant under the Housing Adaptation Grant for Disabled People for houses less than 12 months old to 50% of the amount payable for a house which is more than 12 months old; • the introduction of a revised means test, including a number of additional deductions, on which the grant available or percentage grant available to an applicant applying under the Housing Adaptation Grant for Disabled People is based; • the introduction of a revised means test, including a number of additional deductions, on which the grant available or percentage grant available to an applicant applying under the Housing Aid for Older People Grant is based; • the introduction of a revised means test, including a number of additional deductions, on which the grant available to an applicant applying under the Mobility Aids Grant is based; • increases in the maximum amount recoupable to housing authorities by the Minister in respect of grants paid under the Housing Adaptation Grant for Disabled People, the Housing Aid for Older People Grant and the Mobility Aids Grant; • the introduction of a method of assessment of ‘in year’ earnings in exceptional circumstances; • the continued application of the 2007 Regulations, 2014 Regulations and 2023 Regulations to all applications, received for grant aid under those Regulations, by a housing authority prior to 1 December 2024.