- Latest available (Revised)
- Original (As enacted)
Welfare Reform Act (Northern Ireland) 2007, Section 36 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
36—(1) Section 128D of the Administration Act (power to give directions) is amended in accordance with subsections (2) to (6).
(2) In subsection (2) for “invite” substitute “ require ”.
(3) After subsection (2) insert—
“(2A) A requirement under subsection (2) above may specify—
(a)any information or description of information to be provided;
(b)the form and manner in which the information is to be provided.
(2B) The Housing Executive must respond to a requirement under subsection (2) above before the end of such period (not less than one month after the day on which the requirement is made) as the Department specifies in the requirement.
(2C) The Department may extend the period specified under subsection (2B) above.”.
(4) For subsection (3) substitute—
“(3) After considering—
(a)the report,
(b)any proposals made by the Housing Executive in response to it, and
(c)any other information the Department thinks is relevant,
the Department may give directions to the Housing Executive under subsection (3A) or (3B) below or both.
(3A) Directions under this subsection are directions as to—
(a)standards which the Housing Executive is to attain in the prevention and detection of fraud relating to housing benefit or otherwise in the administration of that benefit;
(b)the time within which the standards are to be attained.
(3B) Directions under this subsection are directions to take such action as the Department thinks necessary or expedient for the purpose of improving the Housing Executive's exercise of its functions—
(a)in relation to the prevention and detection of fraud relating to housing benefit;
(b)otherwise in relation to the administration of that benefit.
(3C) A direction under subsection (3B) above may specify the time within which anything is to be done.”.
(5) In subsection (4), for “subsection (3)” substitute “ subsection (3A) ”.
(6) After subsection (4) add—
“(5) If the Department proposes to give a direction under this section it must give the Housing Executive an opportunity to make representations about the proposed direction.
(6) The Department may specify a period within which representations mentioned in subsection (5) above must be made.
(7) The Department may extend a period specified under subsection (6) above.
(8) Subsections (5) to (7) above do not apply if the Department thinks that it is necessary for a direction to be given as a matter of urgency.
(9) If the Department acts under subsection (8) above it must give in writing to the Housing Executive its reasons for doing so.”.
(7) After section 128D of that Act insert—
(1) The Department may at any time in accordance with this section vary or revoke a direction under section 128D above.
(2) A direction may be varied or revoked only if the Department thinks it is necessary to do so—
(a)in consequence of representations made by the Housing Executive,
(b)to rectify an omission or error, or
(c)in consequence of a material change in circumstances.
(3) The Department must not vary a direction unless it first—
(a)sends a copy of the proposed variation to the Housing Executive,
(b)gives the Housing Executive its reasons for making the variation, and
(c)gives the Housing Executive an opportunity to make representations about the proposed variation.
(4) The Department may specify a period of not less than one month within which representations mentioned in subsection (3)(c) above must be made.
(5) The Department may extend a period specified under subsection (4) above.”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: