53. (1) In this section—

“net scheme payments” means the amount payable weekly under a scheme to a relevant recipient by the Minister for Social Protection after—

(a) any deductions for the purposes referred to in section 341(7) of the Act of 2005, and

(b) the deduction of any amounts required to be deducted by an order of a court,

and, in the case of deductions in respect of—

(i) rent, includes any amount specified in columns (2) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (2) to (8) of Part 1 of Schedule 4 to that Act, or

(ii) rent arrears, excludes any amount specified in columns (3) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (3) to (8) of Part 1 of Schedule 4 to that Act;

“PPS Number”, in relation to a person, means the person’s personal public service number within the meaning of section 262 of the Act of 2005;

“relevant recipient” means a person entitled to a payment under the scheme from which a deduction may be made by the Minister for Social Protection in accordance with this section;

“rent” means—

(a) rent payable by a tenant to a housing authority under section 31 of the Act of 2009, or

(b) rent contribution payable by a person to a housing authority under section 25 of the Act of 2009 or under section 44,

and references to rent arrears shall be construed accordingly;

“requested amount of rent arrears” has the meaning given in subsection (4)(b)(iii);

“requested amount of rent” has the meaning given in subsection (2)(b)(iii);

“scheme” means the provisions of the Social Welfare Acts providing for such benefits or such assistance or supplements, as the case may be, as are by order under subsection (14) specified for the purposes of this section by the Minister, with the consent of the Minister for Social Protection;

“scheme payments” means the amount payable under the scheme to or on behalf of a relevant recipient by the Minister for Social Protection.

(2) (a) A housing authority may make a request to the Minister for Social Protection to deduct from net scheme payments the amount of rent payable to the authority by the relevant recipient concerned and to transmit the amount deducted to the authority.

(b) A request by a housing authority under paragraph (a) shall specify—

(i) the PPS Number of the relevant recipient concerned,

(ii) the start date for the deduction of rent, and

(iii) the amount of rent that the Minister for Social Protection is requested (in this section referred to as the “requested amount of rent”) to deduct from that recipient’s net scheme payments.

(3) (a) When a request is made by a housing authority under subsection (2), the Minister for Social Protection shall, from the start date referred to in subsection (2)(b)(ii) and in accordance with this section, deduct the requested amount of rent from the net scheme payments of the relevant recipient concernedand that Minister shall, as soon as practicable, notify the housing authority concerned accordingly.

(b) Where, at any time there is an insufficient amount available in the relevant recipient’s net scheme payments to enable the whole of the requested amount of rent to be deducted, the Minister for Social Protection shall deduct for that purpose the whole of the amount that can be deducted under this section from that recipient’s net scheme paymentsand that Minister shall, as soon as practicable, notify the housing authority concerned of the amount so deducted.

(c) Where, at any time there is no amount available in the relevant recipient’s net scheme payments to enable any of the requested amount of rent to be deducted, the Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned that the requested deduction has not been made.

(d) Where a housing authority makes requests in respect of a relevant recipient under subsections (2) and (4) that relate to scheme payments due on the same date, the Minister for Social Protection shall make deductions in respect of the request under subsection (2) before making deductions in respect of the request under subsection (4).

(4) (a) A housing authority may make a request to the Minister for Social Protection to deduct from a relevant recipient’s net scheme payments an amount in respect of rent arrears due to the authority by that recipient and to transmit the amount deducted to the authority.

(b) A request by a housing authority under paragraph (a) shall specify—

(i) the PPS Number of the relevant recipient concerned,

(ii) the start date for the deduction of rent arrears, and

(iii) the amount of rent arrears that the Minister for Social Protection is requested (in this section referred to as the “requested amount of rent arrears”) to deduct from that recipient’s net scheme payments.

(5) (a) When a request is made by a housing authority under subsection (4), the Minister for Social Protection shall, from the start date referred to in subsection (4)(b)(ii) and in accordance with this section, deduct the requested amount of rent arrears from the relevant recipient’s net scheme payments, but any such deduction in respect of rent arrears is subject to the condition that, if necessary, it shall be reduced so that the sum of the deductions made in accordance with section 341(7) of the Act of 2005 and in respect of rent arrears does not exceed 15 per cent of the weekly rate (within the meaning provided for by section 341(7B) of the Act of 2005) of benefit or assistance to which the relevant recipient is or becomes entitled.

(b) The Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned of the amount of rent arrears deducted under paragraph (a).

(c) Where, at any time there is an insufficient amount available in the relevant recipient’s net scheme payments to enable the whole of the requested amount of rent arrears to be deducted, the Minister for Social Protection shall deduct for that purpose the whole of the amount that can be deducted under this section from that recipient’s net scheme payments.

(d) Where, due to any deductions made in accordance with section 341(7) of the Act of 2005 or in respect of rent, there is at any time no amount available in the balance of the relevant recipient’s net scheme payments to enable any of the requested amount of rent arrears to be deducted, the Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned that the requested deduction has not been made.

(6) A request by a housing authority under subsection (2) or (4) shall cease to have effect on whichever of the following events first occurs:

(a) receipt by the Minister for Social Protection of notice from the authority terminating the request;

(b) receipt by the Minister for Social Protection of a new request from the authority under the same subsection relating to the same relevant recipient;

(c) the second anniversary of the start date specified in the request.

(7) (a) The Minister for Social Protection shall be accountable to a housing authority for the amount of rent and rent arrears deducted from net scheme payments as a consequence of a request by that authority under subsection (2) or (4).

(b) Rent and rent arrears deducted by the Minister for Social Protection under this section shall be transmitted to the housing authority concerned in the form and manner agreed between the Minister and the Minister for Social Protection.

(c) Subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, the Minister for Social Protection shall transmit rent and rent arrears deducted under this section to the housing authority concerned within 5 working days after such deduction.

(8) (a) Where the Minister for Social Protection is required under this section to notify a housing authority of the amount of a deduction in respect of rent or rent arrears or that a requested deduction has not been made, that requirement shall be satisfied if that Minister has, in respect of the authority to be notified, enabled the authority to have access to the information concerned in a manner that is agreed by the Minister and the Minister for Social Protection.

(b) An agreement between the Minister and the Minister for Social Protection for the purposes of paragraph (a) —

(i) shall include the period within which such information will be made accessible to the local authority concerned, after the deduction was made or after the date the deduction due has not been made, and

(ii) may include a time limit or a reference to the occurrence of one or more than one event after which the Minister for Social Protection is not required to make that information available to the local authority concerned in accordance with this subsection.

(9) Where a relevant recipient, in respect of whom the housing authority concerned has made a request under this section, ceases to be entitled to receive scheme payments at any time when the request is a subsisting request, then the Minister for Social Protection shall, as soon as practicable, notify the housing authority accordingly.

(10) Where the Minister for Social Protection has received a request from a housing authority under this section but has not deducted the whole or part of the amount of rent or rent arrears referred to in the request from a relevant recipient’s net scheme payments, then—

(a) the amount of rent or rent arrears not deducted may be included in any subsequent request made by the housing authority concerned to that Minister in respect of the relevant recipient concerned, or

(b) the housing authority may, without prejudice to any other power of a housing authority in the matter, agree with the relevant recipient an alternative method of payment of the amount concerned of rent or rent arrears due and owing to the authority.

(11) Where—

(a) the amount of rent or rent arrears deducted by the Minister for Social Protection from a relevant recipient’s net scheme payments exceeds the amount which the housing authority concerned requested that Minister to deduct under this section, and

(b) the Minister for Social Protection has transmitted to that housing authority the amount of rent or rent arrears deducted, then that authority shall, subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, repay the amount of the excess to the Minister for Social Protection within 5 working days after receiving notification from that Minister of the excess amount so transmitted or otherwise becoming aware of the excess amount so transmitted.

(12) Where the Minister for Social Protection has—

(a) deducted the amount of rent or rent arrears requested by a housing authority under this section or a lesser amount from a relevant recipient’s net scheme payments, and

(b) transmitted that amount to the housing authority, but the balance of net scheme payments concerned payable to the relevant recipient is not, for whatever reason, duly paid to that recipient, then that Minister shall notify the housing authority accordingly and the authority shall, subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, repay to the Minister for Social Protection the amount of the excess within 5 working days after receiving the notification.

(13) (a) Where a housing authority has made a request under this section, the Minister for Social Protection shall keep a record in relation to each such request of such information as may be prescribed by the Minister, with the consent of the Minister for Social Protection.

(b) The Minister for Social Protection—

(i) shall keep the records referred to in paragraph (a) for such period as may, with the consent of that Minister, be prescribed by the Minster, and

(ii) shall produce those records so kept to the housing authority concerned upon its request.

(14) The Minister may, with the consent of the Minister for Social Protection, by order provide that such benefits or such assistance or supplements under the Social Welfare Acts as are specified in the order shall be the scheme for the purposes of this section.

(15) Where an amount of rent or rent arrears is, in accordance with this section, deducted by the Minister for Social Protection from a relevant recipient’s net scheme payments, that Minister shall, except in the case of any excess deduction transmitted to a housing authority under subsection (11) that has been notified by that Minister to the authority, be acquitted and discharged of such amount as is represented by the deduction, as if the amount had actually been paid to the relevant recipient.