Prospective
Circumstances in which payment may be made to a landlord or the Department of Finance and PersonnelN.I.
93.—(1) Subject to paragraph 8(4) of Schedule A1, where regulation 92 does not apply but subject to paragraph (3) of this regulation, a payment of a rent allowance or rate rebate may nevertheless be made to a person’s landlord where—
(a)the person has requested or consented to such payment;
(b)payment to the landlord is in the interest of the claimant and his family; or
(c)the person has ceased to reside in the dwelling in respect of which the allowance or rebate was payable and there are outstanding payments of rent or rates but any payment under this sub-paragraph shall be limited to an amount equal to the amount of rent outstanding.
(2) Without prejudice to the power in paragraph (1), in any case where in the opinion of the Executive—
(a)the claimant has not already discharged his liability to pay his landlord for the period in respect of which any payment is to be made; and
(b)it would be in the interests of the efficient administration of housing benefit,
a first payment of a rent allowance following the making of a decision on a claim or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(1) may be made, in whole or in part, by sending to the claimant an instrument of payment payable to that landlord.
(3) In a case where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant’s rent allowance or rate rebate, the Executive may either—
(a)not make direct payments to the landlord in accordance with paragraph (1); or
(b)make such payments to the landlord where the Executive is satisfied that it is nonetheless in the best interests of the claimant and his family that the payments be made.
(4) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph (1)(a), (b) or (c) or (2) applies the amount payable by way of a rate rebate may be paid direct to that Department.
(5) In this regulation “landlord” has the same meaning as in regulation 92 and paragraph (2) of that regulation shall have effect for the purposes of this regulation.
Commencement Information
I1Reg. 93 in operation at 20.11.2006, see reg. 1(1)