Social Security Administration (Northern Ireland) Act 1992

[F1 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;

[F2 (b) a report has been laid before the Assembly under Article 21(5) of the Housing (Northern Ireland) Order 1981; 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 [F3 require] 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.

[F4 (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.]

[F5 (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.]

(4) When giving directions to the Housing Executive under [F6 subsection (3A)] 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.]

[F7 (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.]

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 S. 128D(1)(b) substituted (1.4.2003) by The Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418), art. 1(2), Sch. 2 para. 4

F3 Word in s. 128D(2) substituted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 36(2), 60(1); S.R. 2008/147, art. 2(a)

F4 Ss. 128D(2A)-(2C) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 36(3), 60(1); S.R. 2008/147, art. 2(a)

F5 Ss. 128D(3)-(3C) substituted for s. 128D(3) (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 36(4), 60(1); S.R. 2008/147, art. 2(a)

F6 Words in s. 128D(4) substituted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 36(5), 60(1); S.R. 2008/147, art. 2(a)

F7 Ss. 128D(5)-(9) added (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 36(6), 60(1); S.R. 2008/147, art. 2(a)