Regulation 2 Discretionary housing paymentsI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 2(1) words inserted by Discretionary Financial Assistance 2017 reg. 2(3)(a)
reg. 2 coming into force by Discretionary Financial Assistance 2001 reg. 1(1)
reg. 2(1)(c) and preceding word inserted by Housing Benefit (Abolition of the Family Premium and date of claim) 2016 reg. 2(3)
reg. 2(1) substituted by Social Security 2016 reg. 2(3)
reg. 2(1)(d) inserted and preceding words by Benefit Cap (Housing Benefit and Universal Credit) 2016 reg. 6(2)
reg. 2(1)(b) words substituted by Housing Benefit (Consequential Provisions) 2006 Sch. 2 para. 8(3)
reg. 2(1)(b) words inserted by Housing Benefit (Local Housing Allowance) (Miscellaneous and Consequential Amendments) 2008 reg. 4(2)
reg. 2(1)(b) word omitted by Discretionary Financial Assistance 2017 reg. 2(3)(b)
reg. 2(1)(c) word substituted by Discretionary Financial Assistance 2017 reg. 2(3)(c)
reg. 2(1)(d) added by Discretionary Financial Assistance 2017 reg. 2(3)(c)
reg. 2(3) words inserted by Discretionary Financial Assistance 2017 reg. 2(3)(d)

(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^f1 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.

Annotations

Commencement

I1: Reg. 2 in operation at 2.7.2001, see reg. 1(1)

Footnotes

f1: 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