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;

[F3 (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 [F4 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.

[F5 (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.]

[F6 (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 [F7 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.]

[F8 (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

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.

F3 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

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

[F9 128DA Directions: variations and revocation N.I.

(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.]

Textual Amendments

F9 S. 128DA inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 36(7), 60(1); S.R. 2008/147, art. 2(a)

[128E F10 Information about attainment of standards. N.I.

(1) Where directions have been given to the Housing Executive under [F11 section 128D(3A) or (3B)] 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

[F12 (aa) whether the Housing Executive has taken the action which it has been directed to take;]

(b) whether the Executive is likely to attain those standards [F13 or take that action] 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

F10 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.

F11 Words in s. 128E(1) substituted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 2(a); S.R. 2008/147, art. 2(c)

F12 S. 128E(1)(aa) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 2(b); S.R. 2008/147, art. 2(c)

F13 Words in s. 128E(1)(b) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 2(c); S.R. 2008/147, art. 2(c)

[F14 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

F14 S. 128EE inserted (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 74, Sch. 9 para. 56 (with art. 75)

[F15 128F Enforcement notices. N.I.

(1) Where directions have been given to the Housing Executive under [F16 section 128D(3A) or (3B)] above and the Department—

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

[F17 (aa) is not satisfied that the Housing Executive has taken the action which it has been directed to take;]

(b) is not satisfied that the Executive is likely to attain those standards [F18 or take that action] 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) [F19 , (aa)] 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) [F20 If the notice identifies directions under section 128D(3A) above,] 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.

[F21 (4A) If the notice identifies directions under section 128D(3B) above, the Housing Executive's response shall either—

(a) state that the Housing Executive has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or

(b) state that the Housing Executive has not taken the action, or is not likely to take it within that time, and (if the Housing 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

F15 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.

F16 Words in s. 128F(1) substituted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 3(2)(a); S.R. 2008/147, art. 2(c)

F17 S. 128F(1)(aa) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 3(2)(b); S.R. 2008/147, art. 2(c)

F18 Words in s. 128F(1)(b) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 3(2)(c); S.R. 2008/147, art. 2(c)

F19 Word in s. 128F(2)(a) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 3(3); S.R. 2008/147, art. 2(c)

F20 Words in s. 128F(4) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 3(4); S.R. 2008/147, art. 2(c)

F21 S. 128F(4A) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 3(5); S.R. 2008/147, art. 2(c)

[F22 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 [F23 or taken the action] in question; or

(b) is not satisfied that the Executive is likely to attain those standards [F24 or take that action] 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 [F25 or the taking of the action] 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 [F26 or the taking of the action] in question.]

Textual Amendments

F22 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.

F23 Words in s. 128G(1)(a) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(2)(a); S.R. 2008/147, art. 2(c)

F24 Words in s. 128G(1)(b) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(2)(b); S.R. 2008/147, art. 2(c)

F25 Words in s. 128G(3) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(3); S.R. 2008/147, art. 2(c)

F26 Words in s. 128G(5)(c) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(3); S.R. 2008/147, art. 2(c)

[F27 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

F27 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.