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The Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Order 2003

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Articles 3 and 4

SCHEDULE

PART ICONDITIONS FOR MAKING PAYMENTS OUT OF GRANT

1.  During the period beginning with 1st April 2003 and ending with 30th September 2003, the payee has entered into a contract with the payer for the provision of housing support services by the payee and the service is deemed to be registered under Part 1 of the 2001 Act.

2.  The payee has entered into a contract with the payer for the provision of housing support services by the payee and–

(a)the payee has, before the beginning of the period beginning with 1st October 2003 and ending with 31st March 2004, made an application for registration of the service under section 7(1) of the 2001 Act; and

(b)the service is, during that period, deemed to be registered under Part 1 of that Act.

3.  The payee has entered into a contract with the payer for the provision of housing support services by the payee and the service is, on or after 1st April 2004, fully registered under the 2001 Act.

4.  The payee is a provider of accommodation provided as part of a care home service where grant under the Special Needs Allowance Package was paid by Scottish Ministers under section 2(2) of the Housing (Scotland) Act 1988(1) during the financial year ending on 31st March 2003.

5.  The payee is an individual owner occupier of sheltered housing who at 31st March 2003 was in receipt of income-based jobseekers allowance under the Jobseekers Act 1995(2), income support under Part VII of the Social Security Contributions and Benefits Act 1992(3) or minimum income guarantee under the Income Support (General) Regulations 1987(4) and a proportion of such benefit was paid for the purpose of funding the cost of housing support services to that individual.

6.  The payee is an individual who has been assessed by the payer as requiring housing support services and the payment out of grant by the payer is to be used by that individual for the purposes of purchasing those services.

PART IICIRCUMSTANCES IN WHICH REPAYMENT MUST BE MADE

1.  Where the payee is a person or body providing prescribed housing support services and–

(a)the payee ceases to be registered or deemed to be registered as described in paragraph 1 of Part I of this Schedule;

(b)the payee ceases to provide the service for which the payment has been made;

(c)the performance of the payee in delivering the service is unsatisfactory;

(d)the number of users receiving the service from the payee is reduced; or

(e)the payee has acted fraudulently.

2.  Where the payee is not a person or body providing prescribed housing support services and–

(a)the payer is not satisfied that the payment has been used to secure the provision of the housing support services to which it relates; or

(b)the payee has acted fraudulently.

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