- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Child Support, Pensions and Social Security Act (Northern Ireland) 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
59. Schedule 7 (which makes provision for the revision of decisions made in connection with claims for housing benefit and for appeals against such decisions) shall have effect.
60.—(1) The Department may by regulations make provision conferring a power on relevant authorities to make payments by way of financial assistance ( discretionary housing payments) to persons who—
(a)are entitled to housing benefit; and
(b)appear to such an authority to require some further financial assistance (in addition to the benefit to which they are entitled) in order to meet housing costs.
(2) Regulations under this section may include provision—
(a)prescribing the circumstances in which discretionary housing payments may be made under the regulations;
(b)conferring (subject to any provision made by virtue of paragraph (c) or (d)) a discretion on a relevant authority—
(i)as to whether or not to make discretionary housing payments in a particular case; and
(ii)as to the amount of the payments and the period for or in respect of which they are made;
(c)imposing a limit on the amount of the discretionary housing payment that may be made in any particular case;
(d)restricting the period for or in respect of which discretionary housing payments may be made;
(e)about the form and manner in which claims for discretionary housing payments are to be made and about the procedure to be followed by relevant authorities in dealing with and disposing of such claims;
(f)imposing conditions on persons claiming or receiving discretionary housing payments requiring them to provide a relevant authority with such information as may be prescribed;
(g)entitling a relevant authority that is making or has made a discretionary housing payment, in such circumstances as may be prescribed, to cancel the making of further such payments or to recover a payment already made; or
(h)requiring or authorising a relevant authority to review decisions made by the authority with respect to the making, cancellation or recovery of discretionary housing payments.
(3) Regulations under this section shall be subject to negative resolution.
(4) Article 74(3) to (6) of the 1998 Order (regulations and orders) shall apply to any power to make regulations under this section as it applies to any power to make regulations under that Order.
(5) Any power to make regulations under this section shall include power to make different provision for different areas or different relevant authorities.
(6) In this section—
prescribed means prescribed by or determined in accordance with regulations made by the Department;
relevant authority means the Housing Executive or the Department of Finance and Personnel, as the case may be.
61.—(1) The Department may make to the Housing Executive payments in respect of—
(a)the cost to the Housing Executive of the making of discretionary housing payments; and
(b)the expenses involved in the administration by the Housing Executive of any scheme for the making of discretionary housing payments.
(2) Section 127(2) and (3) of the Administration Act shall apply in relation to payments under this section as it applies in relation to grants under that section.
(3) In this section discretionary housing payment means any payment made by virtue of regulations under section 60.
62. For subsection (3) of section 73 of the Administration Act (overpayments of housing benefit) there shall be substituted—
“(3) An amount recoverable under this section shall be recoverable—
(a)except in such circumstances as may be prescribed, from the person to whom it was paid; and
(b)where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: