Social Welfare Consolidation Act 2005

Disqualifications.

[Housing (MP) Act 1997 s16]

199

199.—(1) For the purposes of this section—

“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997;

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“rent” includes any periodic payment in the nature of rent made in return for a special possession of a dwelling or for the use, occupation or enjoyment of a dwelling.

[Housing (MP) Act 1997 s16]

(2) This section applies to a person who—

(a) has been required to deliver up possession of a dwelling provided by a housing authority or a body approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and the reasons for that requirement include anti-social behaviour or the interests of good estate management, or

(b) is a person to whom F1170[an allocation of a dwelling] has been refused or deferred under section 14 of the Act of 1997, or

F1170[(c) is a respondent to an excluding order, a site excluding order or an interim excluding order made under section 3, 3A or 4 of the Act of 1997, or]

(d) is a person who has been directed to leave a house under section 20 of the Act of 1997.

[Housing (MP) Act 1997 s16; 2005 (SW&P) s23 & Sch 1]

(3) F1171[A designated person] may determine that, notwithstanding anything contained in any enactment, a person to whom this section applies shall not be entitled to a payment to supplement the person's income in respect of rent or mortgage interest, or may terminate or suspend the payment.

[Housing (MP) Act 1997 s16; 2005 (SW&P) s23 & Sch 1]

(4) Where a person to whom this section applies resides with another person who is in receipt of, or would but for this section be entitled to a supplement in respect of rent or mortgage interest, F1171[a designated person may], notwithstanding anything contained in any enactment, determine that the amount of the supplement payable shall be reduced by the amount that, in the F1171[opinion of the designated person], is reasonably attributable to the first mentioned person.

[Housing (MP) Act 1997 s16; 2005 (SW&P) s23 & Sch 1]

(5) In making a determination under subsection (3) or (4), F1171[a designated person] shall have regard to any information provided by a housing authority or a specified person referred to in section 15 of the Act of 1997, in relation to a person to whom this section applies.

Annotations

Amendments:

F1169

Deleted (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 14(3), commenced on enactment.

F1170

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 14, commenced on enactment.

F1171

Substituted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.

Editorial Notes:

E1303

Previous affecting provision: subs. (3) to (5) amended by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.