826.Under these provisions, local authorities will have the power to make discretionary payments in certain circumstances. These payments will be cash-limited in order to ensure that the discretion is used prudently. Powers will allow Central Government to provide authorities with financial assistance with the scheme both in terms of the scheme’s administration and the payments made under it.
827.This section makes financial provision in respect of the housing discretionary payment scheme. It provides for the receipt and distribution of money by the Secretary of State to authorities in order to enable them to make discretionary housing payments, but with a ceiling on the total which they can spend.
828.Subsection (1) makes provisions for each authority to be given central Government funding towards their discretionary housing payments, and administrative expenditure.
829.Subsection (2) makes provision in respect of the calculation and payment of the amount of housing discretionary payments by applying certain provisions of section 140B and 140C of the Administration Act.
830.Subsection (3) enables the Secretary of State, by order, to make provision for an upper limit to be set, or to impose subsidiary limits, on the amount which authorities can spend on discretionary payments in any financial year. Subsection (4) provides that the order may specify those limits or provide for the way in which the limit should be determined. Subsection (5) provides for the Parliamentary control of the order made under this section, by providing for the negative procedure to be followed.
831.Subsection (6) provides supplementary incidental powers to be used when making Orders under the provisions of this section. Subsection (7) enables regulations to be made for different areas or different local authorities should the need arise.
832.Subsection (8) defines the terms used.
Part III: Social Security Administration Housing Benefit and Council Tax Benefit Discretionary Payments Section 70: Grants towards the cost of discretionary housing payments