Residential Institutions Statutory Fund Act 2012

9.

Determination of criteria by Board.

9.— (1) The Board shall determine criteria by reference to which the Board shall make a decision in respect of an application under section 20.

(2) The Board in determining criteria under subsection (1) shall have regard to the need to—

( a) take account of the individual circumstances, including personal and financial circumstances, of former residents,

( b) assess the likely effect of the provision of a service on the—

(i) health and general well-being,

(ii) personal and social development,

(iii) educational development, or

(iv) living conditions,

of former residents,

( c) apply limits to the moneys that may be made available for an arrangement or grant,

( d) specify minimum standards to be met by a provider of an approved service,

( e) specify any supporting evidence that may be required to be furnished by former residents, and

( f) take into account any other matter that the Board considers, having regard to the functions of the Board, is a proper matter to be taken into account.

(3) Different criteria may be determined under this section as respects—

( a) different circumstances or classes of circumstance relating to former residents,

( b) different approved services or classes of approved service, and

( c) different former residents or classes of former resident.

(4) Criteria determined under this section may include criteria, consistent with this Act, for the purpose of the relief of hardship where it is shown to the satisfaction of the Board on an application under section 20 that exceptional circumstances exist, such that criteria (other than criteria determined under this subsection) determined under this section may be disregarded by the Board in making its decision on the application.

(5) The Board may amend or revoke any criteria determined under this section including an amendment thereto under this subsection and that amendment or revocation may provide for incidental, consequential or transitional matters.

(6) Criteria determined by the Board under this section shall be made available in writing free of charge by the Board to any person on request therefor and shall be published by the Board in such manner, including by electronic means, as it sees fit.