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Welfare Reform Act (Northern Ireland) 2007

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This is the original version (as it was originally enacted).

Section 37.

SCHEDULE 5MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 2

This schedule has no associated Explanatory Notes

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

1.  The Administration Act is amended as follows.

2.  In section 128E (information about attainment of standards), in subsection (1)—

(a)for “section 128D(3)” substitute “section 128D(3A) or (3B)”;

(b)after paragraph (a) insert—

(aa)whether the Housing Executive has taken the action which it has been directed to take;;

(c)in paragraph (b) after “those standards” insert “or take that action”.

3.—(1) Section 128F (enforcement notices) is amended as follows.

(2) In subsection (1)—

(a)for “section 128D(3)” substitute “section 128D(3A) or (3B)”;

(b)after paragraph (a) insert—

(aa)is not satisfied that the Housing Executive has taken the action which it has been directed to take;;

(c)in paragraph (b) after “those standards” insert “or take that action”.

(3) In subsection (2)(a), after “paragraph (a)” insert “, (aa)”.

(4) In subsection (4), at the beginning insert “If the notice identifies directions under section 128D(3A) above,”.

(5) After subsection (4) insert—

(4A) If the notice identifies directions under section 128D(3B) above, the Housing Executive’s response shall either—

(a)state that the Housing Executive has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or

(b)state that the Housing Executive has not taken the action, or is not likely to take it within that time, and (if the Housing Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision..

4.—(1) Section 128G (enforcement determinations) is amended as follows.

(2) In subsection (1)—

(a)in paragraph (a) after “the standards” insert “or taken the action”;

(b)in paragraph (b) after “those standards” insert “or take that action”.

(3) In subsections (3) and (5)(c), after “the standards” insert “or the taking of the action”.

5.  In section 167(1) (interpretation), in the definition of “prescribe” at the end add “and “prescribed” must be construed accordingly”.

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

6.  In Schedule 7 to the 2000 Act (housing benefit: revisions and appeals), in paragraph 1(2), after head (b) add—

(c)a decision of a relevant authority under or by virtue of section 73 of the Administration Act that an amount of housing benefit is recoverable;.

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