Social Security Administration (Northern Ireland) Act 1992

[F1 Directions by Department] N.I.

Textual Amendments

F1 S. 128D and the precedingcross-heading inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 8; S.R. 1997/316, art. 2, Sch.

[F2 128D Directions. N.I.

(1) This section applies where—

(a) a copy of a report has been sent to the Housing Executive under section 128C(2) above;

(b) a copy of a report has been sent to the Housing Executive under Article 21 of the Housing (Northern Ireland) Order 1981 and to the Department under Article 7(2) of the Social Security Administration (Fraud) (Northern Ireland) Order 1997; or

(c) a copy of a report has been sent to the Housing Executive under Article 6(7) of the Social Security Administration (Fraud) (Northern Ireland) Order 1997.

(2) The Department may invite the Housing Executive to consider the report and to submit proposals for—

(a) improving the Executive’s performance in relation to the prevention and detection of fraud relating to housing benefit or otherwise in relation to the administration of that benefit; and

(b) remedying any failings identified by the report.

(3) After considering the report and any proposals made by the Housing Executive in response to it, the Department may give directions to the Executive as to —

(a) standards which the Executive is to attain in the prevention and detection of fraud relating to housing benefit or otherwise in the administration of that benefit; and

(b) the time within which the standards are to be attained.

(4) When giving directions to the Housing Executive under subsection (3) above, the Department may make recommendations to the Executive setting out any course of action which the Department thinks the Executive might take to attain the standards which it is directed to attain.]

Textual Amendments

F2 S. 128D and the precedingcross-heading inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 8; S.R. 1997/316, art. 2, Sch.

[128E F3 Information about attainment of standards. N.I.

(1) Where directions have been given to the Housing Executive under section 128D(3) above, the Department may require the Executive to supply to it any information which the Department considers may assist it in deciding—

(a) whether the Executive has attained the standards which it has been directed to attain; or

(b) whether the Executive is likely to attain those standards within the time specified in the directions.

(2) Information shall be supplied under subsection (1) above in such manner and form as the Department may require.]

Textual Amendments

F3 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.

[F4 128EE Financing of other expenditure. N.I.

(1) The Department may make to any relevant authority such payments as it thinks fit in respect of expenses incurred by that authority in connection with the carrying out of any relevant function—

(a) by that authority,

(b) by any person providing services to that authority, or

(c) by any person authorised by that authority to carry out that function.

(2) In subsection (1)—

• “relevant authority” means any authority (other than a government department) for the purposes of section 2A, 2C or 5A above;

• “relevant function” means any function conferred by virtue of section 2A, 2C or 5A above.]

Textual Amendments

F4 S. 128EE inserted (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 74, Sch. 9 para. 56 (with art. 75)

[F5 128F Enforcement notices. N.I.

(1) Where directions have been given to the Housing Executive under section 128D(3) above and the Department—

(a) is not satisfied that the Executive has attained the standards which it has been directed to attain; or

(b) is not satisfied that the Executive is likely to attain those standards within the time specified in the directions,

the Department may serve on the Executive a written notice under this section.

(2) The notice shall—

(a) identify the directions and state why the Department is not satisfied as mentioned in paragraph (a) or (b) of subsection (1) above; and

(b) require the Housing Executive to submit a written response to the Department within a time specified in the notice.

(3) If any person (other than the Housing Executive) carrying out work relating to the administration of housing benefit may be affected by any determination which may be made under section 128G below, the Executive shall—

(a) consult that person before submitting its response; and

(b) include in its response any relevant observations made by that person.

(4) The Housing Executive’s response shall either—

(a) state that the Executive has attained the standards, or is likely to attain them within the time specified in the directions, and justify that statement; or

(b) state that the Executive has not attained the standards, or is not likely to attain them within that time, and (if the Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision.

(5) The notice may relate to any one or more matters covered by the directions.

(6) The serving of a notice under this section relating to any directions or matter does not prevent the serving of further notices under this section relating to the same directions or matter.]

Textual Amendments

F5 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.

[F6 128G Enforcement determinations. N.I.

(1) Where, after the time specified in the notice under section 128F above has expired, the Department—

(a) is not satisfied that the Housing Executive has attained the standards in question; or

(b) is not satisfied that the Executive is likely to attain those standards within the time specified in the directions,

the Department may make a determination under this section.

(2) The determination may be made whether or not the Housing Executive has responded to the notice under section 128F above.

(3) The determination shall be designed to secure the attainment of the standards in question and—

(a) shall include provision such as is specified in subsection (4) below; and

(b) may also include provision such as is specified in subsection (5) below.

(4) The provision referred to in paragraph (a) of subsection (3) above is provision that the Housing Executive must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which—

(a) falls to be carried out in pursuance of the Executive’s functions relating to the administration of housing benefit; and

(b) is of a description specified in the determination.

(5) The provision referred to in paragraph (b) of that subsection is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates—

(a) provision that it may not be carried out by the Housing Executive;

(b) provision that it may not be carried out by any person (other than the Executive) who has been carrying it out; and

(c) provision that any contract made by the Executive with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards in question.]

Textual Amendments

F6 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.

[F7 128H Enforcement determinations: supplementary. N.I.

(1) The provisions included in a determination under section 128G above shall take effect from a date specified in the determination; and different dates may be specified in relation to different provisions.

(2) The making of a determination under section 128G above in relation to any directions does not prevent the making of further determinations under that section in relation to the same directions.

(3) The provision included in a determination by virtue of section 1286(3) above may include—

(a) requirements that the Department be satisfied as to any specified matter; and

(b) requirements that the Department authorise or consent to any specified matter.

(4) The provision so included may also include provision as to the time at which any contract for the carrying out of work to which the determination relates (and which is not previously discharged) is to be taken to be frustrated by the determination.

(5) A determination under section 128G above shall have effect in spite of any statutory provision under or by virtue of which the Housing Executive is required or authorised to carry out any work to which the determination relates.]

Textual Amendments

F7 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.