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2.—(1) Subject to paragraphs (2) and (3) and regulations 3 to 9, the Housing Executive may make payments by way of financial assistance (“discretionary housing payments”) to persons who—
(a)are entitled to housing benefit, and
(b)in a case where the appropriate maximum housing benefit has been restricted under regulation 10A of the Housing Benefit Regulations(1) appear to require further financial assistance (in addition to the benefit to which they are entitled) in order to meet housing costs.
(2) Subject to paragraph (3) and regulations 4 and 5, the Housing Executive has a discretion—
(a)as to whether or not to make discretionary housing payments in a particular case, and
(b)as to the amount of the payments and the period for, or in respect of which, they are made.
(3) Paragraphs (1) and (2) shall not apply in respect of housing costs incurred in any period before 2nd July 2001 in the case of a person entitled to housing benefit who requires further financial assistance in order to meet housing costs arising from his liability to make periodical payments in respect of the dwelling which he occupies as his home.
Regulation 10A was inserted by regulation 6 of S.R. 1996 No. 111 and amended by regulation 3 of S.R. 1996 No. 181, regulation 2 of S.R. 1996 No. 221 and regulation 2(2) of S.R. 1998 No. 114
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