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Housing assistance in respect of accommodation provided under scheme of capital assistance
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47. (1) In this section “scheme of capital assistance” means the scheme of capital assistance for the provision of housing accommodation operated under section 6 of the Act of 1992 and section 12 of the Act of 2009.
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(2) Notwithstanding anything in the other provisions of this Part, the Minister may, where he or she considers it just and equitable in the circumstances to do so, prescribe the manner in which a housing authority shall, subject to subsection (6) and having regard to the financial circumstances of the household concerned and their ability to pay rent, provide housing assistance in respect of the rent payable by the household member who is the tenant of an approved body for the occupation of a dwelling in receipt of assistance under the scheme of capital assistance.
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(3) Without prejudice to the generality of subsection (2), the Minister may prescribe any of the following:
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(a) the manner in which a housing authority shall determine whether housing assistance should be provided in respect of a particular household;
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(b) the manner in which an authority shall calculate the amount of housing assistance that shall be payable in a particular class of case;
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(c) the maximum amount of housing assistance payable having regard to the composition of the household concerned;
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(d) the manner in which housing assistance shall be provided;
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(e) where subsection (6) applies, the procedures to be followed by a housing authority if it considers that any member of the household concerned is or has been engaged in anti-social behaviour;
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(f) any conditions that shall be complied with in order for housing assistance to be payable.
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(4) (a) The tenant of a dwelling in respect of which housing assistance is provided under this section shall pay rent to the approved body concerned in accordance with the terms of the scheme of capital assistance, reduced by the amount of housing assistance payable in respect of that rent.
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(b) Where paragraph (a) applies, then the failure by the tenant to duly pay the amount of rent referred to in that paragraph shall, subject to the provisions of the Housing Acts 1966 to 2014, result in the household of which he or she is a member ceasing to be eligible for housing assistance.
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(5) The payment by a housing authority of housing assistance to an approved body under this section does not imply any liability on the part of the housing authority for rent due to the approved body or in respect of any other tenant obligation under the tenancy concerned.
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(6) A housing authority may, subject to any regulations to which subsection (3)(e) relates, refuse to provide, or to continue providing, housing assistance in respect of a household under this section where the authority considers that any member of the household is or has been engaged in anti-social behaviour.
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