PART 5DISCRETIONARY HOUSING PAYMENTS

I1I291Guidance

1

Local authorities must have regard to any guidance issued by the Scottish Ministers in connection with the exercise of the power conferred by section 88.

2

Guidance under subsection (1) may, in particular, deal with—

a

the rules which authorities are to apply in deciding—

i

whether to give someone financial assistance,

ii

the amount of assistance to give, and

iii

what period to give assistance for,

b

the form of applications for—

i

assistance, and

ii

review of authorities' decisions about the giving of assistance,

c

the processes which authorities are to follow in—

i

determining applications for assistance and review, and

ii

deciding whether to stop giving someone assistance,

d

the circumstances in which authorities should, and should not, seek to recover the value of assistance given in error or following a breach of any of the conditions under which it was given.

3

Guidance under subsection (1) may be addressed to—

a

an authority, or more than one authority, identified in the guidance, or

b

all authorities.

4

Before issuing guidance under subsection (1), the Scottish Ministers must consult such body representing authorities as the Ministers think fit.

5

As soon as reasonably practicable after issuing guidance under subsection (1), the Scottish Ministers must lay a copy of the guidance before the Scottish Parliament.

6

The Scottish Ministers must make guidance issued under subsection (1) publicly available.

7

The power to issue guidance under subsection (1) includes the power to—

a

issue guidance which varies guidance issued under that subsection, and

b

revoke guidance issued under that subsection.