Social Welfare Consolidation Act 2005

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Disqualifications.

[Housing (MP) Act 1997 s16]

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

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

“mortgage interest” means the proportion of any amount payable by a person to a mortgage lender as is for the time being attributable to interest under an agreement entered into by the person with the mortgage lender for the purpose of defraying money employed to purchase, repair or improve that person's dwelling or to pay off another loan used for that purpose;

“mortgage lender” has the meaning given to it by section 2(1) of the Consumer Credit Act 1995 ;

“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.

(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 a letting has been refused or deferred under section 14 of the Act of 1997, or

(c) is a respondent to an excluding order or an interim excluding order made under section 3 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.

(3) The Executive 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.

(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, the Executive may, notwithstanding anything contained in any enactment, determine that the amount of the supplement payable shall be reduced by the amount that, in the opinion of the Executive, is reasonably attributable to the first mentioned person.

(5) In making a determination under subsection (3) or (4), the Executive 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.