Personal Social Services (Preserved Rights) (Northern Ireland) Act 2002
| Jurisdiction | Northern Ireland |
| Citation | 2002 NI c 5 |
| Year | 2002 |
(1) Article 36A of the 1972 Order (which prevents the Department providing residential accommodation for persons who were in such accommodation on 31st March 1993) shall cease to have effect on the appointed day.(2) For the purposes of this section a “qualifying person” is a person to whom Article 36A(1) of that Order applied immediately before the appointed day.(3) Where on or after the appointed day a qualifying person is provided by the Department with any F1social care in respect of his accommodation, his existing arrangements shall, by virtue of this subsection, terminate on the date as from which he is provided with those services.the date as from which he is provided with any such services, orthe date on which he notifies (or is in accordance with regulations to be treated as notifying) the Department that he does not wish to be provided with any such services,(5) However the Department may, in respect of any payment made by it in pursuance of subsection (4) , recover from the person such amount (if any) as may be prescribed; and any such amount shall be so recoverable summarily as a civil debt.(6) Subsections (3) to (5) do not apply, to such extent as may be prescribed, in relation to any person falling within any prescribed description of persons.prescribe the circumstances in which persons are to be treated as ordinarily resident in any premises for the purposes of this section;for the purpose of prescribing any such amount as is mentioned in subsection (5) , provide for any provision made by or under Article 36 of the 1972 Order to apply with or without modifications.(8) In this section “existing arrangements”, in relation to a person, means the arrangements for the provision of accommodation in the relevant premises in question, together with any arrangements for the provision of any services or facilities in connection with that accommodation.in relation to any time before the appointed day, a person who is ordinarily resident in relevant premises and has a preserved right by virtue of which enhanced payments are being made to or in respect of him by way of income support or jobseeker's allowance; orin relation to any later time, a person who fell within paragraph (a) immediately before that day.held by, or by a person providing services to, the Department for Social Development about a claimant, andrelating to income support or jobseeker's allowance,(3) Where information relating to a claimant is supplied to the Department or any person ( “the recipient”) in accordance with subsection (2) , the information may be supplied by the recipient, for qualifying purposes, to any person providing services to, or authorised to exercise functions of, the Department.purposes connected with the performance of functions under section 1 in relation to the claimant; orother purposes connected with the termination of his preserved rights in consequence of section 3; or(in
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