PART IIHousing Defects
Eligibility
Notice of determination7
1
Where the Executive receives an application which it is required to entertain under Article 6 it shall, as soon as it is reasonably practicable to do so, give notice in writing to the applicant stating whether or not in its opinion he is eligible for assistance in respect of the defective dwelling, and also—
a
if it is of the opinion that he is not so eligible, the reasons for its view;
b
if it is of the opinion that he is so eligible, informing his of his right to make a claim under Article 6(5).
2
Where the Executive is required to entertain an application from an applicant who is eligible for assistance, it shall, as soon as it is reasonably practicable to do so, give him notice in writing stating—
a
the form of assistance to which he is entitled; and
b
if, on a claim by the applicant, the Executive has satisfied itself that Article 6(5) does not apply in his case, the reasons for its view.
3
A notice under paragraph (2) stating that the applicant is entitled to assistance by way of reinstatement grant shall also state—
a
the grounds for the Executive's determination;
b
the work which, in its opinion, is the work required to reinstate the defective dwelling;
c
the amount of expenditure which, in its opinion, may properly be incurred in executing the work;
d
the amount of expenditure which, in its opinion, may properly be incurred in entering into any associated arrangement;
e
the condition required by Article 8(3) (including the period within which the work is to be carried out); and
f
its estimate of the amount of grant that would be payable in respect of the dwelling in pursuance of this Part.
4
A notice under paragraph (2) stating that the applicant is entitled to assistance by way of repurchase shall also state—
a
the grounds for the Executive's determination; and
b
the effect of the following provisions of this Part, namely—
Article 9(1), (2) and (6) (except sub-paragraph (b)), and
Article 11(2) and (4) to (6).
5
References in the following provisions of this Part to a person entitled to assistance by way of reinstatement grant or, as the case may be, by way of repurchase in respect of a defective dwelling are references to a person—
a
who is eligible for assistance in respect of the dwelling, and
b
on whom a notice under this Article has been served stating that he is entitled to that form of assistance.
6
In this Part “associated arrangement” means any arrangement which—
a
is to be entered into in connection with the execution of the work required to reinstate a defective dwelling, and
b
is likely to contribute towards the dwelling being regarded as acceptable security by a lending institution.