112. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the circumstances under which a gratuity payment of an ex-member of a local authority can be confiscated; and if he will make a statement on the matter. [39574/24]

Regulations for a revised non-contributory gratuity scheme for local authority elected members have recently been published under S.I. No. 276 of 2024. Related guidance has been issued to local authority staff and serving elected members.

The Regulations, which commenced on 14 June 2024, provide that where an elected member of a local authority ceases to hold office and has at least two years' qualifying service having –

(a) reached the age of 50 years, or(b) become incapable of performing his or her duties as a member due to permanent infirmity of mind or body, or(c) died in office,

they will qualify for a gratuity. In the case of (c) above, the member’s legal personal representative will be granted the gratuity.

The Regulations further provide that, in circumstances where a member has not reached the age of 50 on retirement, their gratuity will be preserved until they have reached that age; their gratuity will then be calculated with reference to the current rate of remuneration rate at that point. This applies to all former councillors who, at the time of the new Regulations' commencement, have not yet reached the age of 50 or otherwise received a gratuity under (b) or (c) above.

It is a matter for the relevant local authority to calculate and administer the gratuity payable to a former member, where they are eligible to receive one.

While the Regulations are silent in relation to other circumstances in which a gratuity payment might be withheld, there may be valid legal reasons at a local level for such a course of action. This would be a matter for the local authority concerned, having sought appropriate legal advice.