The Welfare Reform (Northern Ireland) Order 2015

Discretionary support N.I.

135.—(1) The Department may, in accordance with regulations under this Article—

(a) make payments by way of grant or loan to prescribed persons;

(b) provide, or arrange for the provision of, goods or services to prescribed persons.

(2) Anything done under paragraph (1)(a) or (b) is referred to in this Article as the provision of discretionary support.

(3) Regulations may make provision—

(a) for the Department to provide discretionary support only in prescribed circumstances;

(b) conferring a discretion on the Department (subject to any provision made by virtue of sub-paragraph (c) or (d))—

(i) as to whether or not to provide discretionary support in a particular case, and

(ii) as to the nature of the discretionary support and (in the case of support by way of payments) as to the amount of the payments and the period for or in respect of which they are made;

(c) imposing a limit on the amount of the discretionary support that the Department may make in any particular case;

(d) restricting the period for or in respect of which the Department may provide discretionary support in any particular case;

(e) for claims for discretionary support to be made in the prescribed form and manner and for the procedure to be followed in dealing with and disposing of such claims;

(f) imposing conditions on persons claiming or receiving discretionary support requiring them to provide to the Department such information as may be prescribed;

(g) for the disclosure of information relating to discretionary support in prescribed circumstances or to prescribed persons;

(h) authorising the Department in prescribed circumstances to recover by prescribed means discretionary payments made under this Article;

(i) requiring or authorising reviews (whether by the Department or a prescribed person) of decisions made by the Department with respect to the provision of discretionary support or the recovery of payments made under this Article;

(j) for such other matters as appear to the Department to be necessary or expedient in connection with the provision of discretionary support, including provision creating criminal offences and provision amending or applying (with or without modification) any statutory provision.

(4) In this Article “prescribed” means prescribed by, or determined in accordance with, regulations under this Article.

(5) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(6) The Department shall, in respect of each financial year, prepare and lay before the Assembly a report on the operation of regulations made under this Article.

Commencement Information

I1 Art. 135 in operation at 17.2.2016 by S.R. 2016/46, art. 3(5)(e)