Abhaile Scheme Explained

The Abhaile Scheme

Karl O’Daly, PIP participates in the scheme and will accept vouchers from those eligible. Provided you meet the eligibility everyone at risk of losing their home is entitled to one voucher. However, if you have already used a voucher with another PIP or are not entitled to a voucher, you will be required to pay for the consultation, the written advice and the preparation of the Protective Certificate.

You will be given your appointment once all the supporting paperwork has been supplied. We are required to validate your Income and your Debts and appraise your financial situation. Our advice can only be considered complete once that is evidenced and substantiated by documentary proof. The paperwork you are required is not overly cumbersome. For the average person and it should take you no more than an hour to complete. If you are not able to complete it please inform a member of staff for assistance.

Eligibility for Abhaile Scheme

To be eligible for the scheme you need to be

–  Insolvent (as defined in the Personal Insolvency Act (“PI Act”));  

– In mortgage arrears on his or her principal private residence (defined as in the PI Act), and

– At risk of losing your principal private residence: for example, if s/he has received from the mortgage lender repossession proceedings, a letter indicating that such proceedings will issue, a letter indicating that s/he is deemed non-cooperating, or an invitation to consider sale, surrender or other loss of all or part of the home.

Under the Scheme we will provide the following services to you at no cost

– Check eligibility of the borrower for the Abhaile PIP voucher;

– Hold a physical meeting with the borrower, in accordance with section 49 of the PI Act (can be web-based Zoom or on a video call, WhatsApp, etc..due to Covid 19);  

– Examine the borrower’s financial situation and assist the borrower to complete his/her Prescribed Financial Statement, in accordance with section 50 of the PI Act (a dated copy of which must be issued to the borrower with the written confirmation of the advice given);  

– Advise the borrower on the different options available for addressing his/her financial difficulties, in accordance with section 52 of the PI Act; 

– Provide the borrower with written confirmation of the advice given in accordance with section 52 of the PI Act on those different options.

– If Bankruptcy is assessed as the borrower’s best option: provide the borrower with a written statement signed by the PIP, which can be relied upon by the borrower for the purposes of section 11(4) of the Bankruptcy Act 1988, confirming that, in the PIP’s opinion, the borrower’s circumstances would not permit the borrower to enter into a Debt Settlement Arrangement (DSA) or a Personal Insolvency Arrangement (PIA).

Extra Court Protection for Homeowners when Visit MABs or engage a PIP

If you have engaged the assistance of MABs or a PIP and for whatever reason, no proposal was put forward or if it was not accepted,  you have additional Court Protections.

These are outlined in the Land and Conveyancing Law Reform Act 2019. Principally the court will consider your capacity to service a mortgage at the Market Value of your PPR at the time the proceedings commenced and whether a repossession order is proportionate. You can find out more details on the following link.

http://www.irishstatutebook.ie/eli/2019/act/22/enacted/en/html