Finance Act 1965

93 Grants to housing associations for affording relief from tax.

(1) If a housing association makes a claim to the Minister in respect of any period and satisfies him—

(a) that throughout that period it was a housing association to which this section applies; and

(b) that its functions throughout that period either—

(i) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and of activities incidental thereto ; or

(ii) included that function and such activities,

the Minister may make grants to the association out of moneys provided by Parliament for affording relief, in a case falling within paragraph (b)(i) above, from any tax chargeable on the association for that period or, in a case falling within paragraph (b)(ii) above, from such part of any tax so chargeable as the Minister considers appropriate having regard to the other functions of the association.

(2) Any grant under this section shall be of such amount, shall be made at such times and in such manner and shall be subject to such conditions as the Minister thinks fit, including conditions for securing the repayment in whole or in part of any grant made to an association in the event of any tax in respect of which it was made subsequently being found not to be chargeable or in such other events (including the association subsequently beginning to trade for profit) as the Minister may determine.

(3) Any claim under this section shall be made in such manner and shall be supported by such evidence as the Minister may direct; and it shall be lawful for the Commissioners of Inland Revenue and their officers to disclose to the Minister such particulars as he may reasonably require for determining whether a grant should be made on any claim or whether any such grant should be repaid or the amount of any such grant or repayment.

(4) In subsection (1) of this section references to tax chargeable on an association are references to income tax (other than income tax which the association is entitled to deduct on making any payment), profits tax and corporation tax, but no relief shall be afforded under this section in respect of income tax for any period before 6th April 1965 or profits tax for any period before the beginning of April 1965 (any profits tax for a chargeable accounting period beginning before and ending after that time being duly apportioned).

(5) In this section " the Minister " means, in the case of a housing association in England, the Minister of Housing and Local Government and, in the case of a housing association in Scotland or in Wales, the Secretary of State.

(6) This section applies to any housing association which—

(a) is a housing association as defined in section 189(1) of the [1957 c. 56.] Housing Act 1957 or section 184(1) of the [1950 c. 34.] Housing (Scotland) Act 1950; or

(b) would be a housing association as so defined if references in those sections to houses and housing accommodation included references to hostels as defined in section 15(4) of the [1958 c. 42.] Housing (Financial Provisions) Act 1958 or section 89(7) of the said Act of 1950;

being, in either case, an association which does not trade for profit and which is not for the time being approved for the purposes of section 43 of the [1963 c. 25.] Finance Act 1963 (co-operative housing associations).

(7) The foregoing provisions of this section shall not extend to Northern Ireland, but notwithstanding anything in the [1920 c. 67.] Government of Ireland Act 1920 the Parliament of Northern Ireland shall have power to make laws for purposes similar to the purposes of those provisions.