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The Housing (Northern Ireland) Order 2003

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Housing (Northern Ireland) Order 2003 No. 412

Decision and notification

65.—(1) The Executive shall by notice in writing notify an applicant for a grant as soon as reasonably practicable, and, in any event, not later than 6 months after the date of the application concerned, whether the application is approved or refused.

(2) Where the Executive decides to approve an application for a grant, it shall determine—

(a)which of the relevant works are eligible for grant (in this Chapter referred to as “the eligible works”),

(b)the amount of the expenses which in its opinion are properly to be incurred in the execution of the eligible works,

(c)the amount of the costs which in its opinion have been properly incurred, or are properly to be incurred, with respect to preliminary or ancillary services and charges, and

(d)the amount of grant it has decided to pay, taking into account all the relevant provisions of this Chapter.

  • The total of the amounts referred to in sub-paragraphs (b) and (c) is referred to in this Chapter as “the estimated expense”.

(3) If the Executive notifies the applicant under paragraph (1) that the application is approved, the Executive shall specify in the notice—

(a)the eligible works,

(b)the amounts referred to in paragraph (2)(b) and (c), and

(c)the amount of the grant.

(4) If the Executive notifies the applicant under paragraph (1) that the application is refused, the Executive shall at the same time notify him of the reasons for the refusal.

(5) If after an application for a grant has been approved the Executive is satisfied that owing to circumstances beyond the control of the applicant—

(a)the eligible works cannot be, or could not have been, carried out on the basis of the amount of expenses referred to in paragraph (2)(b),

(b)the amount of the costs which have been or are to be incurred as mentioned in paragraph (2)(c) has been increased, or

(c)the eligible works cannot be, or could not have been, carried out without carrying out additional works which could not have been reasonably foreseen at the time the application was made,

the Executive may re-determine the estimated expense and the amount of the grant.

(6) Where an application for a grant is approved, the Executive may (without prejudice to the following provisions of this Chapter) impose such conditions in relation to the approval or payment of the grant as it considers appropriate.

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