PART 3 – MSFM: THE DOSSIER OF CONTROLS The Control Documents have been revised into a standard DoC template containing only the essential basic information in terms of background, legislation, approval and monitoring procedures. For more detail please refer, where applicable, to the previous Control Document which follows below each of the new DoC documents. DOSSIER of CONTROL No. DoC 1 (2015) PREVIOUS CD NO. TITLE OF DOCUMENT CD No.3 ACQUISITION AND DISPOSAL OF LAND BY NIHE DoC 2 (2015) CD No.4 REDEVELOPMENT AREAS: COMPENSATION PAYMENTS AND REVENUE EXPENDITURE DoC 3 (2015) CD No.6 DoC 4 (2015) CD No.7 DoC 5 (2015) CD No.10 DoC 6 (2015) CD No.11 SCHEME FOR THE PURCHASE OF EVACUATED DWELLINGS (SPED) DEMOLITION OF NIHE PROPERTY: SUBMISSION AND APPROVAL PROCEDURES NIHE POWERS TO PROVIDE ASSISTANCE TO LOCAL GROUPS ADMINISTRATION OF HOUSING BENEFIT DoC 7 (2015) CD No.12 SOCIAL HOUSING DEVELOPMENT PROGRAMME DoC 8 (2015) CD No.15 HOUSE SALES SCHEME DoC 9 (2015) CD No.17 SALE OF NIHE COMMERCIAL PROPERTIES DoC 10 (2015) CD No.18 LOAN CHARGES DoC 11 (2015) CD No.20 DoC 12 (2015) CD No.21a DoC 13 (2015) CD No.21c STAFFING OF THE NORTHERN IRELAND HOUSING EXECUTIVE (NIHE) USE OF PROFESSIONAL SERVICES INCLUDING CONSULTANTS INSURANCE SERVICES DoC 14 (2015) CD No.22 DoC 15 (2015) CD No.23 DoC 16 (2015) CD No.24 SUPERVISION AND MANAGEMENT – EXCEPTIONAL EXPENDITURE ATTENDANCE AT:(A) CONFERENCES (INCLUDINGCONGRESSES) (B) TRAINING OUTSIDE THE UK AND REPUBLIC OF IRELAND (ROI) (C) STUDY VISITS OUTSIDE THE UK AND ROI RESEARCH PROJECTS DoC 17 (2015) CD No.25 HOUSE IMPROVEMENT GRANT SCHEME DoC 18 (2015) CD No.27 POWERS OF THE NI HOUSING EXECUTIVE TO DEAL WITH UNOCCUPIED PREMISES DoC 19 (2015) CD No.30 NI HOUSING EXECUTIVE RENTS DoC 20 (2015) CD No.31 SUPPORTING PEOPLE DoC 21 (2015) N/A AFFORDABLE WARMTH SCHEME DoC 22 (2015) N/A BOILER REPLACEMENT SCHEME DOSSIER OF CONTROLS DoC 1 (2015) TITLE: ACQUISTION AND DISPOSAL OF LAND BY NIHE BACKGROUND: The NIHE may acquire and dispose of land in keeping with the legislation mentioned below. All proposals to acquire land for housing must be contained within NIHE’s approved budget and should reflect housing need as identified by NIHE. The NIHE may use receipts from sales of land in support of the agreed housing programme. GOVERNING LEGISLATION/GUIDANCE: The Housing (NI) Order 1981: Article 87 (amended by Schedule 6 of the Housing (NI) Order 1992 Article 88 (Amended by Article 27 of the Housing (NI) Order 1988 and Article 92 of the Housing (NI) Order 1992 APPROVAL PROCEDURE: In all land transactions the NIHE shall have negotiations carried out or approved by Land and Property Services or suitably qualified professional valuer. Where NIHE wish to dispose of any surplus land at a consideration other than at the best consideration than can reasonably be obtained, it shall seek the prior approval of the Department in accordance with Article 88 (2) of the 1981 Order. It shall provide the Department with full details of the proposed sale and shall not enter into commitments of any kind unless and until that approval is obtained. MONITORING PROCEDURE: The NIHE shall provide the Department with: (i) an annual return outlining the NIHE’s holdings of undeveloped land at 31 March each year; (ii) a quarterly return detailing land on the Undeveloped Land Schedule (i above) that has been sold on the open market or transferred to housing associations; (iii) a monthly return outlining the NIHE’s holdings of undeveloped land and any movement including acquisitions or disposal. The NIHE shall compile and maintain a property terrier in accordance with the guidelines laid down by the Department. The NIHE shall keep under review at yearly intervals all its land holdings to ensure that none surplus to requirements is being retained, in accordance with Appendix 4.8 of “Managing Public Money in Northern Ireland”. The NIHE in all cases shall adhere to its internal procedures relating to the acquisition and disposal of land. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Investment Housing Group - Finance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.3 - SUPERSEDED BY DoC 1 (2015) ACQUISITION AND DISPOSAL OF LAND BY NIHE 1.0 STATUTORY PROVISION 1.1 The Northern Ireland Housing Executive (NIHE) may acquire and dispose of land in accordance with Articles 87 (as amended by Schedule 6 of the Housing (NI) Order1992) and 88 [ as amended by Article 27 of the Housing (NI) Order 1988 and Article 92 of the Housing (NI) Order 1992 ] of the Housing (NI) Order 1981 ('the 1981 Order"). 2.0 HOUSING STRATEGY 2.1 All proposals for land acquisition for housing must be contained within the NIHE‘s approved annual budget. The acquisition of land by the NIHE for housing purposes (i.e. for the NIHE or any other person or body to provide houses) should reflect housing need as identified by the NIHE and, where appropriate, should be in line with comprehensive area strategies. 2.2 The NIHE may use receipts from sales of land in support of the agreed housing programme. 3.0 GENERAL POLICY AND PROCEDURES 3.1 The NIHE shall compile and maintain a property terrier in accordance with the guidelines laid down by the Department. 3.2 The NIHE shall keep under review at yearly intervals all its land holdings to ensure that none surplus to requirements is being retained, in accordance with Appendix 4.8 of “Managing Public Money in Northern Ireland”. 3.3 The NIHE in all cases shall adhere to its internal procedures relating to the acquisition and disposal of land. 4.0 APPROVAL PROCEDURES 4.1 In all land transactions, the NIHE shall have negotiations carried out or approved by the Land and Property Services [or suitably qualified professional valuer]. 4.2 Where the NIHE wishes to dispose of any surplus land at a consideration other than at the best consideration that can reasonably be obtained, it shall seek the prior approval of the Department in accordance with Article 88(2) of the 1981 Order. It shall provide the Department with full details of the proposed sale and shall not enter into commitments of any kind unless and until that approval is obtained. 5.0 MONITORING PROCEDURES 5.1 The NIHE shall provide the Department with an annual return outlining the NIHE's holdings of undeveloped land. DOSSIER OF CONTROLS DoC 2 (2015) TITLE: RE-DEVELOPMENT AREAS: COMPENSATION PAYMENTS AND REVENUE EXPENDITURE BACKGROUND: The NIHE may declare a proposed re-development area and prepare a re-development scheme for submission to the Department together with an application for an order vesting that land in the NIHE. GOVERNING LEGISLATION/GUIDANCE: The Housing (NI) Order 1981: Part III, Chapter III Part V, Chapter II The Land Acquisition and Compensation (Northern Ireland) Order 1973 The Local Government Act (Northern Ireland) 1972: Schedule 6 The Land Compensation (Northern Ireland) Order 1982. APPROVAL PROCEDURE: The Department is responsible for considering and approving re-development areas and redevelopment schemes. The Department’s consent is also needed for any vesting orders that may be required. MONITORING PROCEDURE: There is no monitoring role for Housing Group - Investment RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Investment DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.4 – SUPERSEDED BY DoC 2 (2015) RE-DEVELOPMENT AREAS: COMPENSATION PAYMENTS AND REVENUE EXPENDITURE. 1. STATUTORY PROVISIONS 1.1 Part III, Chapter III, of the Housing (Northern Ireland) Order 1981 (“the Order”) empowers the Northern Ireland Housing Executive (“the Executive”) to declare a proposed re-development area and to prepare a re-development scheme for submission to the Department together with an application for an order vesting that land in the Executive. Subsequent compensation payments in respect of interests in land compulsorily acquired under Part Ill, Chapter III of the Order shall be in accordance with Part V, Chapter 11 of the Order; the Land Acquisition and Compensation (Northern Ireland) Order 1973; Schedule 6 to the Local Government Act (Northern Ireland) 1972 and the Land Compensation (Northern Ireland) Order 1982. 2. APPROVED BUDGET/COSTS 2.1 All expenditure incurred by the Executive with regard to the declaration and vesting of re-development areas under the Order together with subsequent compensation payments shall be within the Executive's overall approved budget and in accordance with the Management Statement and Financial Memorandum. 3. CONTROLLING COSTS 3.1 The amounts of re-development compensation payments made by the Executive shall be determined by the Valuation and Lands Agency. Any dispute as to the amounts of compensation payments offered by the Executive shall be referred to and determined by the Lands Tribunal. DOSSIER OF CONTROLS DoC 3 (2015) TITLE: SCHEME FOR THE PURCHASE OF EVACUATED DWELLINGS (SPED) BACKGROUND: The Housing Executive is required to submit to the Department a scheme making provision for the Housing Executive to acquire by agreement houses owned by persons who, in consequence of acts of violence, threats to commit such acts or other intimidation, are unwilling or unable to occupy those houses. GOVERNING LEGISLATION/GUIDANCE: Housing (NI) Order 1988, Article 29 APPROVAL PROCEDURE: The Department may approve a scheme submitted under Article 29(1) of the Housing (NI) Order 1988 with or without modifications. Where any part of a house is used for purposes other than those of a dwelling, the Housing Executive shall not acquire the house under SPED, except with the consent of the Department. The Department will consent to such an acquisition where it is satisfied that the house can be sold without substantial financial loss being incurred by the Housing Executive. Applications made to the Department by the Housing Executive for such consent are made using the form set out in Annex B to the scheme. Where the Housing Executive is to acquire a house under SPED and there is land contiguous to that house which is not part of the curtilage of the house, the Housing Executive may, with the consent of the Department, acquire that land. The Department will consent to such an acquisition where Land and Property Services confirms that purchase of the contiguous land is desirable to facilitate resale. MONITORING PROCEDURE: SPED is monitored for budgeting and accounting purposes. A return to Housing Group Finance is provided monthly by NIHE showing movement in SPED properties. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Policy Research & Legislation (Scheme Approval) Housing Group - Finance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.6 – SUPERSEDED BY DoC 3 (2015) SCHEME FOR THE PURCHASE OF EVACUATED DWELLINGS (SPED) 1.0 STATUTORY PROVISION 1.1 The Scheme for the Purchase of Evacuated Dwellings (SPED) which was approved by the Department on 10 December 1993 under Article 29(6) of the Housing (NI) Order 1988 is attached at Annex A. 2.0 APPROVED BUDGETS 2.1 Any expenditure incurred by the Northern Ireland Housing Executive (NIHE) on the purchase and subsequent sale of dwellings acquired under SPED shall be in accordance with the NIHE's approved budgets. 2.2 Receipts from the sale of dwellings acquired under SPED shall be used as originally estimated in the budget submission. Any additional receipts shall be declared surplus and returned to DFP. 3.0 CONSENT PROCEDURES 3.1 The consent of the Department must be sought where the NIHE proposes to acquire under SPED a house containing any part used for purposes other than those of a dwelling or any land contiguous to, but not part of the curtilage of, a house to be acquired under SPED. (see CD 6 Annex A para 3.3 & 3.4) 3.2 Where the consent of the Department is being sought the NIHE is required to forward a copy of the Valuation and Lands Agency (VLA)'s advice on the desirability of purchasing a house containing parts used for non-domestic purposes or land contiguous to a house. The Department will consent to the acquisition of a house containing parts used for purposes other than those of a dwelling where it is satisfied that the house can be sold without substantial financial loss being incurred by the NIHE, and will consent to the acquisition of land contiguous to a house provided that the VLA has indicated that purchase of the land is desirable to facilitate resale of the house. 3.3 The consent of the Department is required if the NIHE wishes to take a dwelling acquired under SPED into stock and the cost of acquiring the dwelling together with the cost of any subsequent works (including fees) exceeds the delegated cost limits for rehabilitation set out in Appendix 6 of the Consolidated Scheme Control Document No1. (See CD 6 Annex A para 4.1) 4.0 INTERNAL PROCEDURES 4.1 The NIHE shall adhere to their internal procedures relating to the purchase and sale of property. 5.0 MONITORING PROCEDURES 5.1 The NIHE shall maintain a record of the following information:a. Number of dwellings: i held at the beginning of each quarter ii purchased during each quarter iii sold during each quarter iv taken into stock during each quarter v held at the end of each quarter, listing separately the number held for up to 6 months, the number held for between 6 and 12 months and the number held for over 12 months. b. Full details of all dwellings held for more than 12 months including address, c. Expenditure incurred on purchasing dwellings during each quarter. d. Receipts obtained from the sale of dwellings during each quarter. e. Total value of dwellings held at the end of each quarter. 5.2 The NIHE shall provide any or all of the above information to the Department on request. 6.0 AMENDMENTS TO SPED 6.1 When submitting to the Department a proposal for amending SPED under Article 29(8) of the Order, the NIHE shall set out the reasons for the proposal and the anticipated effect of its implementation. UNDER CONSTRUCTION AND AWAITING APPROVAL - MARCH 2006 SCHEME FOR THE PURCHASE OF EVACUATED DWELLINGS (SPED) 1.0 POLICY 1.1 This is the scheme for the purchase of evacuated dwellings (“SPED”) which is to be operated by the Northern Ireland Housing Executive. Under the provisions of Article 29 of the Housing (Northern Ireland) Order 1988, the Housing Executive is required to submit to the Department a scheme to assist owner-occupiers who are forced to leave their homes because of threat or intimidation. Article 29 enables the Housing Executive to acquire such houses by agreement where their owners are unwilling or unable to occupy them in consequence of acts of violence, threats to commit such acts or other intimidation. 1.2 For the purposes of SPED, “house” has the meaning given by Article 2(2) of the Housing (Northern Ireland) Order 1981. 2.0 ELIGIBILITY CONDITIONS 2.1 All of the following conditions must be satisfied before an application will qualify for acceptance under SPED. (i) The house must be owner-occupied and must be the applicant's only or principal home. (ii) A certificate signed by the PSNI Chief Constable, or authorised signatory, must be submitted to the Housing Executive, stating clearly that it is unsafe for the applicant or a member of his/her household residing with him/her to continue to live in the house, because that person has been directly or specifically threatened or intimated and as a result is at risk of serious injury or death. (iii) The applicant must have been awarded intimidation points under Part 3 of the house allocation scheme operated by the Housing Executive under Article 22 of the Housing (Northern Ireland) Order 1981. 3.0 PURCHASE OF DWELLINGS UNDER SPED 3.1 The purchase price of a house acquired under SPED shall be determined by the Valuation and Lands Agency (VLA) of the Department of Finance and Personnel, at a consideration assessed as though the sale were by a willing vendor, in an open market, and without adverse security considerations. 3.2 When a house is being acquired under SPED, the Housing Executive may purchase carpets, curtains and blinds together with any other fittings which may be considered by the VLA to be essential to facilitate the resale of the property. The cost of acquiring such items shall be included in the purchase price determined by the VLA. 3.3 Where any part of a house is used for purposes other than those of a dwelling, the Housing Executive shall not acquire the house under SPED, except with the consent of the Department. The Department will consent to such an acquisition where it is satisfied that the house can be sold without substantial financial loss being incurred by the Housing Executive. In determining whether it is so satisfied, the Department may have regard to any professional valuation submitted by or on behalf of the Housing Executive. Where the part of the house which is used for purposes other than those of a dwelling is capable of being disposed of separately, the VLA must be asked to confirm that acquisition of that part is desirable to facilitate resale. Applications made to the Department by the Housing Executive for such consent should be made using the form set out below. 3.4 Where: - i ii the Housing Executive is to acquire a house under SPED and there is land contiguous to that house which is not part of the curtilage of the house, the Housing Executive may, with the consent of the Department, acquire that land. The Department will consent to such an acquistion where the VLA confirms that purchase of the contiguous land is desirable to facilitate resale. 3.5 Where an owner-occupier's house is damaged during an act of intimidation or attack directed against the owner or any member of his/her household residing with him/her and, as a consequence, the owner applies to have the house purchased under SPED, the applicant must: i submit a claim under the Criminal Damage (Compensation) (Northern Ireland) Order 1977 to the Northern Ireland Compensation Agency for compensation for criminal damage to the house, and ii assign to the Housing Executive any award made as a result of the claim. 3.6 Where a tenant of the Housing Executive has purchased his/her house under the terms of the house sales scheme operated by the Housing Executive under Article 3 of the Housing (Northern Ireland) Order 1983 and subsequently resells to the Housing Executive under SPED within 3 years of purchase, he/she shall be required to repay to the Housing Executive all, or a portion of, the discount entitlement as specified in the house sales scheme. 3.7 On completion of the purchase of a house acquired under SPED, the Housing Executive shall obtain immediate vacant possession. 4.0 DISPOSAL OF HOUSES ACQUIRED UNDER SPED 4.1 The Housing Executive shall endeavour to dispose of SPED houses on the open market, at the best possible price. However, in cases where a need is established, and where the Housing Executive considers that a SPED house could meet that need, the house may be taken into the Housing Executive's own stock. The normal rules and price limits that apply to the Housing Executive purchasing and rehabilitating houses from the private sector shall apply in such cases. STANDARD LETTER REQUESTING CONSENT TO THE ACQUISITION OF A PROPERTY UNDER SPED TO WHICH ARTICLE 29(3) OF THE HOUSING (NI) ORDER 1988 APPLIES Department for Social Development Housing Management Branch James House 2-4 Cromac Avenue Gasworks Business Park Ormeau Road BELFAST BT7 2JA SCHEME FOR THE PURCHASE OF EVACUATED DWELLINGS: The Housing Executive wishes to acquire the above property under SPED, the application in question having satisfied the criteria of the Scheme. Article 29(3) of the Housing (NI) Order 1988 provides that the Housing Executive may not acquire under SPED a house which contains a part used for purposes other than those of a dwelling, except with the consent of the Department. The above property contains such a part, namely ………. The Valuation and Lands Agency has advised that this part is not capable of being disposed of separately/The Valuation and Lands Agency has advised that, while this part is capable of being disposed of separately, its acquisition is desirable to facilitate resale.* The Valuation and Lands Agency has assessed the purchase price as £ ……… and is of the opinion that the whole property is capable of being resold without incurring a substantial loss (a copy of the Valuation and Lands Agency's advice is enclosed). On this basis, the Housing Executive requests that the Department gives its consent to the above acquisition. . Yours sincerely *Delete as applicable DOSSIER OF CONTROLS DoC 4 (2015) TITLE: DEMOLITION OF NIHE PROPERTY: SUBMISSION AND APPROVAL PROCEDURES BACKGROUND: The NIHE may demolish houses or buildings owned by it. Expenditure incurred by the NIHE on demolition must be in accordance with the approved budgets and the Management Statement and Financial Memorandum. GOVERNING LEGISLATION/GUIDANCE: The Housing (NI) Order 1981: Part III, Chapter I, Article 28(1) (c) Articles 47 to 50 and 57(1) (c) APPROVAL PROCEDURE: All proposals for the demolition of NIHE owned houses or buildings (except garages and demolitions within Urban Renewal and Housing Action Areas) must be submitted to the Department for approval. The proposals should be approved by the Board of the NIHE before being submitted to the Department. Submissions should include a location map, history of house (if applicable interface problems), details of condition of house, a housing management statement, details of the proposed strategy (if applicable) for the area and an economic appraisal (see Guide to Expenditure Appraisals) MONITORING PROCEDURE: The Executive is encouraged to have informal discussions with the Department with the aim of identifying and, if possible, resolving potential difficulties at an early stage. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group – Investment DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.7 – SUPERSEDED BY DoC 4 (2015) DEMOLITION OF NIHE PROPERTY: SUBMISSION AND APPROVAL PROCEDURES 1.0 STATUTORY AUTHORITY 1.1 Part Ill, Chapter 1, Article 28(1) (c) of the Housing (Northern Ireland) Order 1981 ("the 1981 Order") empowers the Housing Executive ("the Executive") to demolish houses or buildings owned by it. 1.2 Demolition within Urban Renewal Areas and Housing Action Areas is carried out under Articles 47 to 50 and 57(1) (c) of the 1981 Order and no further specific approval to demolish is necessary. 2.0 APPROVED BUDGET 2.1 Expenditure incurred by the Executive on demolition must be in accordance with the approved budgets and the Management Statement and Financial Memorandum. 3.0 SUBMISSION AND APPROVAL PROCEDURES 3.1 All proposals for the demolition of Executive owned houses or buildings (except those mentioned in paragraphs 1.2 and 4.1) must be submitted to the Department for approval. The proposals should be approved by the Executive's Board before being submitted to the Department. 3.2 Submissions to the Department should include the following:i. a location map; ii. a history of the house(s)/building(s) (including, if appropriate, details of interface problems); iii. details of condition of the house(s)/building(s) (on occasions it might be useful to include photographs to illustrate its/their condition); iv. a housing management statement; v. if appropriate, details of the proposed strategy for the area; and vi. an economic appraisal (see paragraphs 3.3 and 3.4 below). 3.3 The detail of each economic appraisal will depend largely on the extent of the proposed demolition. A full appraisal will be required where large scale demolition is involved, e.g., in a problem estate where the Executive's estate based strategy concludes that the area can only be rejuvenated by works involving the demolition of a number of dwellings. A full appraisal would also be required where it is proposed to demolish a block of flats or part thereof. The Executive should of course undertake a full appraisal of options in any other situation where it considers that this would be desirable, in seeking to reach the best value for money conclusion. It will not, however, normally be necessary to carry out a full appraisal where it is proposed to demolish a single house or small group of houses. In such cases, the submission should include details (including costs) of all options examined by the Executive and should explain why demolition is the preferred option. It is expected that the Executive will have explored a range of options including, as appropriate:i. do nothing/do minimum; ii. carry out holding repairs; iii. carry out partial/full improvements; and iv. sale to the private sector or other disposal, eg, to a Housing Association. There may on occasions be other options which could realistically be considered, e.g. cocooning. 4.0 GARAGES 4.1 The Department has delegated full responsibility to the Executive for dealing with proposals involving the demolition of vacant and unlettable garages which are detached from housing accommodation. The Executive's Housing and Planning Handbook details the procedures to be followed. 5.0 INFORMAL LIAISON 5.1 The Executive is encouraged to have informal discussions with the Department with the aim of identifying and, if possible, resolving potential difficulties at an early stage. DOSSIER OF CONTROLS DoC 5 (2015) TITLE: NIHE POWERS TO PROVIDE ASSISTANCE TO LOCAL GROUPS BACKGROUND: NIHE may support or assist in the support of charitable or benevolent associations or institutions connected with the provision of housing accommodation or with objects ancillary to such provision. NIHE may provide financial or other assistance to voluntary organisations concerned with homelessness. GOVERNING LEGISLATION/GUIDANCE: Article 28 (1) (g) of the Housing (NI) Order 1981 Article 15 of the Housing (NI) Order 1988 APPROVAL PROCEDURE: None MONITORING PROCEDURE: At the end of each financial year NIHE shall provide DSD with a list of the local groups supported and the nature and/or value of support provided. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group – Finance Housing Group - Supporting People DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.10 – SUPERSEDED BY DoC 5 (2015) NIHE POWERS TO PROVIDE ASSISTANCE TO LOCAL GROUPS 1.0 STATUTORY PROVISION 1.1 Under Article 28(1)(g) of the Housing (Northern Ireland) Order 1981 the Northern Ireland Housing Executive (NIHE) may support or assist in the support of charitable or benevolent associations or institutions connected with the provision of housing accommodation or with objects ancillary to such provision. 1.2 Under Article 15 of the Housing (Northern Ireland) Order 1988, the NIHE may provide financial or other assistance to voluntary organizations concerned with homelessness. 2.0 APPROVED BUDGETS 2.1 Any expenditure incurred by the NIHE in providing assistance to local groups shall be in accordance with its approved budgets. 3.0 PRESCRIBED GUIDELINES/APPROVAL PROCEDURE 3.1 The NIHE does not require Departmental approval to exercise the powers under paragraphs 1.1 and 1.2 above. 4.0 MONITORING PROCEDURES 4.1 At the end of each financial year the NIHE shall provide the Department with a list of the local groups supported and the nature and/or value of support provided. DOSSIER OF CONTROLS DoC 6 (2015) TITLE: ADMINISTRATION OF HOUSING BENEFIT BACKGROUND: The Northern Ireland Housing Executive is responsible for the administration of Housing Benefit for tenants in the public and private rented sectors. The Department for Social Development is responsible for Housing Benefit policy and legislation and for the negotiation and approval of grant paid to NIHE towards the cost of administering Housing Benefit. DSD, in conjunction with SSA, is also responsible for identifying Housing Benefit performance areas, agreeing targets and monitoring NIHE’s performance against targets. GOVERNING LEGISLATION/GUIDANCE: The Social Security Administration (NI) Act 1992 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 The Welfare Reform Act (NI) 2007 (New Welfare Reform Act pending) APPROVAL PROCEDURE: DSD to approve funding of grant to NIHE towards the cost of the administration of Housing Benefit MONITORING PROCEDURE: Agree NIHE Business Plan for following year Hold Quarterly Director Level Meetings Receive an Annual Report on the overall performance of the previous year Receive quarterly reports of performance against Business Plan targets, objectives and budget along with progress reports on any other relevant Housing Benefit issues Approve bids for administration expenditure RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Governance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.11 – SUPERSEDED BY DoC 6 (2015) ADMINISTRATION OF HOUSING BENEFIT 1.0 STATUTORY PROVISIONS 1.1 The Northern Ireland Housing Benefit scheme is provided under the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and regulations thereunder. The Welfare Reform Act (Northern Ireland) 2007 and regulations thereunder make provision for the introduction of Local Housing Allowance with effect from 7 April 2008. 1.2 The Statutory Provisions governing the administration of Housing Benefit by the Northern Ireland Housing Executive (NIHE) to persons who are tenants of the NIHE, private tenants or tenants of registered housing associations are detailed in Social Security Administration (Northern Ireland) Act 1992 (the Act) Part VIII section 126(3)(a). 1.3 Section 126(1) and (2) of the Act empowers the NIHE to make payments of Housing Benefit:(a) in the form of a rent rebate to NIHE tenants or rent allowance to other tenants entitled to the benefit and to reduce the amount of any payment which an eligible tenant is liable to make to the NIHE by way of rent; and (b) in the form of a rate rebate to tenants in respect of payments by way of rates. 1.4 Section 127(1) of the Act requires the Department for Social Development (DSD) to make a grant payment to NIHE each financial year of an amount towards the expenditure incurred including an amount towards the cost of administering housing benefit. 1.5 Sections 116C and 116D (in Part VII) of the Act provide for the supply of information between NIHE and DSD as may be required in connection with any of the Executive’s functions relating to housing benefit. 2.0 OPERATIVE OR EFFECTIVE DATE 2.1 The terms of this control document are effective from February 2008. 3.0 THE DEPARTMENT FOR SOCIAL DEVELOPMENT (DSD) ROLE 3.1 DSD Social Security Policy and Legislation Division is responsible for Housing Benefit policy and legislation. 3.2 DSD Housing Benefit Support Unit is responsible for identifying Housing Benefit performance areas, agreeing targets and monitoring NIHE’s performance against targets. 3.3 DSD Housing Benefit Support Unit oversees the relationship between the NIHE and other Departmental business areas involved in the administration of Housing Benefit and acts as a focal point for the resolution of any difficulties which may arise. 3.4 Housing Group is responsible for the organisation and provision of secretariat support for various liaison meetings involving staff from the NIHE and DSD relevant to the delivery of Housing Benefit. These include: Quarterly meetings between the NIHE Director of Housing and Regeneration and DSD Housing Group. Quarterly meetings between DSD Housing Benefit Support Unit and NIHE. Meetings as required between the NIHE and other DSD business areas such as SSPLD or the SSA. 3.5 DSD Housing Benefit Support Unit has taken over responsibility for the provision of advice and guidance to Housing Benefit decision makers with effect from 1 October 2007. They will also represent the NIHE in appeals to the Social Security Commissioners and the higher courts. 3.6 DSD Housing Group is responsible for the negotiation and approval of grant paid to the NIHE towards the cost of administering Housing Benefit. 3.7 DSD Financial Management Directorate is responsible for the payment of grant funding towards the expenditure incurred in the payment of Housing Benefit. This includes both the cost of the benefit and agreed administration costs. 3.8 The Social Security Agency is responsible for the fulfilment of its obligations to the NIHE in relation to Housing Benefit administration, as outlined in Service Level Agreements or similar arrangements. 4.0 THE NORTHERN IRELAND HOUSING EXECUTIVE’S ROLE 4.1 The NIHE is responsible for the administration of Housing Benefit for tenants in the public and private rented sectors. 4.2 The NIHE’s objectives in relation to Housing Benefit delivery are to: Pay Benefit promptly and accurately. Adhere to the standards of service outlined in the annual HB Business Plan. Provide a high quality, improving, cost-effective service. Protect the integrity and security of the Housing Benefit system, ensuring:(a) that only those claimants entitled to receive Benefit do so; and (b) that fraud and error is prevented and detected, with appropriate sanctions imposed where appropriate. 4.4 The NIHE must develop and maintain systems to provide statistical and other management information as required by DSD. 4.5 Annex 1 lists the service and performance requirements against which standards will be measured between the NIHE and DSD. REQUIREMENT To provide a first draft of a Business Plan for the following year. To produce and Annual Report on the overall performance of the previous year end. PERFORMED BY NIHE in consultation with DSD STANDARD First draft of Business Plan to be available by February each year. NIHE in consultation with DSD To produce Annual report by June of each year. NIHE Within 1 month from the quarter end. ie end July; end Oct; end Jan; & end April Provide audit assurance to support quarterly performance reports. Internal Audit ” Monitor performance based on progress reports submitted by NIHE To submit a bid for administration expenditure with supporting evidence DSD Housing Group On a quarterly and annual basis. To provide quarterly reports of performance against Business Plan targets, objectives and budget, along with progress reports on any other relevant Housing Benefit issues. To provide performance information for urgent responses to: Senior Management; MLAs, Ministers, etc. To respond to telephone queries. To respond to all written queries NIHE By end of September each year. NIHE Upon request within specified deadlines NIHE and DSD Housing Group NIHE and DSD Housing Group Within 2 working days. Within 10 working days. REDRESS FOR SLIPPAGE ETC DOSSIER OF CONTROLS DoC 7 (2015) TITLE: SOCIAL HOUSING DEVELOPMENT PROGRAMME BACKGROUND: This deals with the arrangements between the Department for Social Development and the NIHE for the management of the Social Housing Development Programme by the NIHE. GOVERNING LEGISLATION/GUIDANCE: The Housing (NI) Order1992: Article 33 (amended by the Housing (Amendment) (NI) Order 2006) APPROVAL PROCEDURES: Any expenditure incurred on this category of work shall be in accordance with “Managing Public Money in Northern Ireland” and the NIHE’s approved budgets. The NIHE will consult with the Department about the allocation of NIHE Transfer Schemes and schemes programmed. The NIHE may approve and subsequently pay grant in respect of housing association schemes. All social housing schemes must adhere to Housing Association Guide standards. Any deviation from the Housing Association Guide must be formally documented and the Department consulted prior to the NIHE’s decision to approve the scheme. All social housing schemes designed by NIHE’S Design Services must be technically assessed by the Department, prior to approval. The Housing Association Guide remains under the control of the Department. Possible amendments, including pro-forma amendments can be submitted to the Department for consideration. The NIHE will be responsible for assessing all housing schemes with a delegated approval limit for schemes with total capital costs not exceeding £3.5m. All schemes with total capital costs, including land costs, fees etc, of £3.5m or more must be submitted to the Department for approval. The NIHE must maintain an Economic Appraisal database in accordance with DAO (DFP) 06/12, and provide it to the Department as and when required. The Department’s Governance and Inspection Teams will require full access to all documentation maintained in relation to the management and delivery of the SHDP so as to assess adherence to the Housing Association Guide and to ensure full compliance. The NIHE will consider applications for funding of adaptations for persons with disabilities in accordance with the procedures laid down in the Housing Association Guide. MONITORING PROCEDURES The NIHE shall maintain, and make available to the Department on request, such statistics and other information as the Department shall from time to time require. Quarterly returns on numbers of adaptations shall be provided to the Department. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Investment DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.12 – SUPERSEDED BY DoC 7 (2015) SOCIAL HOUSING DEVELOPMENT PROGRAMME This Control Document should be read in conjunction with the Management Statement and the Financial Memorandum 1.0 1.1 STATUTORY PROVISIONS The Northern Ireland Housing Executive is empowered by Article 33 of the Housing (Northern Ireland) Order 1992 as amended by The Housing (Amendment) (Northern Ireland) Order 2006 to make grants to registered housing associations. 2.0 2.1 BACKGROUND This Control Document deals with the arrangements between the Department for Social Development and the Northern Ireland Housing Executive for the management of the Social Housing Development Programme by the Northern Ireland Housing Executive. 3.0 3.1 APPROVED BUDGET Any expenditure incurred on this category of work shall be in accordance with Government Accounting Northern Ireland and the Northern Ireland Housing Executive’s approved budgets. 4.0 4.1 CONSENT PROCEDURES The Northern Ireland Housing Executive will consult with the Department about the allocation of Northern Ireland Housing Executive Transfer Schemes and schemes programmed. 4.2 The Northern Ireland Housing Executive may approve and subsequently pay grant in respect of housing association schemes. All social housing schemes must adhere to Housing Association Guide standards. Any deviation from the Housing Association Guide must be formally documented and the Department consulted prior to the Northern Ireland Housing Executive’s decision to approve the scheme. 4.3 All social housing schemes designed by the Northern Ireland Housing Executive Design Services (or consultants drawn from Northern Ireland Housing Executive frameworks) must be technically assessed by the Department, prior to approval. 4.4 The Housing Association Guide remains under the control of the Department. If in dayto-day operation the Northern Ireland Housing Executive (and/or Housing Associations) identify specific problems with the implementation of the Housing Association Guide and wishes to suggest possible amendments, including pro-forma amendments, these can be submitted to the Department for consideration. 4.5 The Northern Ireland Housing Executive will be responsible for assessing all housing schemes. The Northern Ireland Housing Executive will further analyse and consult with the Department prior to approval of those schemes that: Require a Special Percentage Adjustment Require a Cost Overrun assessment Exceed 120% of Total Cost Indicators 4.6 The Northern Ireland Housing Executive has a delegated approval limit for schemes with total capital costs not exceeding £6m. All schemes (including all phases of schemes) with total capital costs, including land costs, fees etc, of £6m or more must be submitted to the Department for approval. 4.7 The Northern Ireland Housing Executive must maintain an Economic Appraisal database in accordance with DAO 06/05, and provide it to the Department as and when required. 4.8 The Department’s Regulation and Inspection Teams will require full access to all documentation maintained in relation to the management and delivery of the Social Housing Development Programme so as to assess adherence to the Housing Association Guide and to ensure full compliance with the requirements of the control document and any other directions issued by the Department. 4.9 The Northern Ireland Housing Executive will consider applications for funding of adaptations for persons with disabilities in accordance with the procedures laid down in the Housing Association Guide. Quarterly returns on numbers shall be provided to the Department for the purpose of reporting on Public Service Agreement targets. 5.0 5.1 INTERNAL PROCEDURES The Northern Ireland Housing Executive shall adhere to its internal procedures relating to the management of the Social Housing Development Programme. 6.0 6.1 MONITORING PROCEDURES The Northern Ireland Housing Executive shall retain, and make available to the Department on request, such statistics and other information as the Department shall from time to time require. 7.0 7.1 REVIEW PROCEDURES The Northern Ireland Housing Executive and the Department for Social Development will carry out a formal review of the Control Document on a yearly basis. DOSSIER OF CONTROLS DoC 8 (2015) TITLE: HOUSE SALES SCHEME BACKGROUND: The NIHE shall prepare and submit to the Department a scheme to offer for sale or lease to its secure tenants the dwelling-houses occupied by those tenants. GOVERNING LEGISLATION/GUIDANCE: The Housing (NI) Order 1981: Article 88 The Housing (NI) Order 1983: Article 3(1) (as amended by Article 96 of the Housing (NI) Order 1992) APPROVAL PROCEDURES: Any expenditure incurred by the NIHE and any income generated by the sale of houses shall be in accordance with the NIHE’s approved budgets. The Department’s consent is required if the disposal is at a consideration other than the best consideration that can reasonably be obtained. MONITORING PROCEDURE: The NIHE shall adhere to the internal procedures relating to the sale of dwelling houses. The NIHE shall retain, and make available to the Department on request, information which shows the number of applications to purchase, cases being processed and dwelling houses sold per month, and any other information which may from time to time be required. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Investment DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.15 – SUPERSEDED BY DoC 8 (2015) HOUSE SALES SCHEME 1.0 STATUTORY PROVISION 1.1 Article 3(1) of the Housing (NI) Order 1983, as amended by Article 96 of the Housing (NI) Order 1992, provides that the Northern Ireland Housing Executive (NIHE) shall prepare and submit to the Department a scheme to offer for sale or lease to its secure tenants the dwelling-houses occupied by those tenants. 1.2 Article 88 of the Housing (NI) Order 1981 provides that the NIHE may dispose of any land (including houses) held by it and that the consent of the Department is required if the disposal is at a consideration other than the best consideration that can reasonably be obtained. 1.3 In order to facilitate the NIHE in the operation of a House Sales Scheme which enables tenants to buy their dwelling houses on favourable terms, the Department, in exercise of its powers under Article 88 of the 1981 Order, issued a direction on 8 July 1993, "Consent to the Disposal of Dwelling Houses at a Discount, 1993". The NIHE must obtain the prior approval of the Department if it wishes to move outside the terms of the Consent either generally or in a specific case. 2.0 APPROVED BUDGETS 2.1 Any expenditure incurred by the NIHE and any income generated by the sale of houses shall be in accordance with the NIHE's approved budgets. 3.0 INTERNAL PROCEDURES 3.1 The NIHE shall adhere to the internal procedures relating to the sale of dwelling houses. 4.0 MONITORING PROCEDURES 4.1 The NIHE shall retain, and make available to the Department on request, information which shows the number of applications to purchase, cases being processed and dwelling houses sold per month, and any other information which may from time to time be required. DOSSIER OF CONTROLS DoC 9 (2015) TITLE: SALE OF NIHE COMMERCIAL PROPERTIES BACKGROUND: NIHE may dispose of any commercial property held by it in accordance with Article 88 of the Housing (NI) Order 1981 GOVERNING LEGISLATION/GUIDANCE: The Housing (NI) Order 1981 APPROVAL PROCEDURE: Disposal at best consideration – Agreement of Land & Property Services (LPS) (DFP) is required. Disposal at less than best consideration – Approval of the Department for Social Development is required. MONITORING PROCEDURE: NIHE shall, annually, provide the Department with the following information: Number of commercial properties Number held at beginning of the period Number sold during the period and full detail Number demolished during the period and full details Number held at end of the period Receipts obtained from the sale of properties during the period RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group – Governance (in due course - Asset Management Team) DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.17 – SUPERSEDED BY DoC 9 (2015) SALE OF NIHE COMMERCIAL PROPERTIES 1. STATUTORY PROVISION 1.1 The Housing Executive may dispose of any commercial property held by it in accordance with Article 88 of the Housing (NI) Order 1981. 2. APPROVED BUDGETS 2.1 Any expenditure incurred by the Housing Executive and any income generated in the sale of commercial property shall be in accordance with the Housing Executive's approved budgets. 3. INTERNAL PROCEDURES 3.1 The Housing Executive shall adhere to the internal procedures relating to the sale of commercial properties set out in Part 3 of the Dossier. 4. ELIGIBILITY 4.1 The Housing Executive's agreed policy is generally to retain ownership of its Purpose Built Commercial Property Portfolio with the exception of those shop units or centres where it makes good economic sense to sell. 4.2 In considering the sale of any of its purpose-built commercial properties the Housing Executive must be satisfied that:i. the sale makes good economic sense (e.g. where there are structural problems or onerous repairs); or is necessary because of the special circumstances attaching to the case; ii. the sale would not be to the detriment of the needs of its domestic tenants. 4.3 The approval of the Housing Executive's Board is required in any case where special circumstances exist. 5. DISPOSAL AT BEST CONSIDERATION 5.1 Where the property is marketed through an Estate Agent, it shall not be sold unless the Valuation and Lands Office (VLO) of the Department of Finance and Personnel agrees that the offer which the Housing Executive wishes to accept is the best consideration that can reasonably be obtained for the property. 5.2 Where the disposal is to the sitting tenant the disposal price shall be the best consideration that can reasonably be obtained for the property as determined by the VLO. 6. DISPOSAL AT LESS THAN BEST CONSIDERATION - APPROVAL PROCEDURES 6.1 Where the Housing Executive wishes to dispose of any commercial property at a consideration other than at the best consideration that can reasonably be obtained, it shall seek the prior approval of the Department in accordance with Article 88(2) of the 1981 Order. It shall provide the Department with full details of the proposed sale including the reasons for it and shall not enter into commitments of any kind unless and until that approval is obtained. 7. Monitoring Procedures 7.1 The Housing Executive shall, annually, provide the Department with the following information: Number of commercial properties. Number held at beginning of the period; Number sold during the period and full detail; Number demolished during the period and full details; Number held at end of the period. Receipts obtained from the sale of properties during the period. DOSSIER OF CONTROLS DoC 10 (2015) TITLE: LOAN CHARGES BACKGROUND: NIHE incurs expenditure on Loan Charges relating to historical loans from the consolidated fund and from former local authorities. GOVERNING LEGISLATION/GUIDANCE: Borrowing is undertaken in accordance with Articles 15 (as amended by Article 25 of the 1988 Order) and 16 of the Housing (Northern Ireland) Order 1981, (the 1981Order). APPROVAL PROCEDURE: Any additional lending requires budget cover in the Departmental budget, as detailed in the Consolidated Budget Guidance. This needs to be requested from DSD when setting budgets or during monitoring rounds. The Department then makes these requests to DFP. Approval is required from DFP for loans from other sources. MONITORING PROCEDURE: DSD monitors NIHE’s expenditure on loan charges in accordance with the arrangements set out in section VII. of the Financial Memorandum RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Finance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.18 – SUPERSEDED BY DoC 10 (2015) LOAN CHARGES 1 POLICY 1.1 The Northern Ireland Housing Executive (NIHE) may incur expenditure on loan charges arising out of: borrowing undertaken in accordance with Articles 15 (as amended by Article 25 of the 1988 Order) and 16 of the Housing (Northern Ireland) Order 1981, (the 1981Order) ; and loans inherited from former housing authorities. 1.2 The types and terms of the loans undertaken/inherited by the NIHE and the method of calculating loan charges payable shall be set out in this control document. 1.3 Any expenditure incurred by NIHE on loan charges shall be in accordance with its approved budgets. New borrowing in any year shall be in accordance with the arrangements set out in para10 of the Management Statement & Financial Memorandum. 2 TYPES OF LOANS 2.1 Loan charges may be incurred on the following types of loans: loans from the Consolidated Fund; loans inherited from former local authorities at fixed rates of interest; loans inherited from former local authorities at variable rates of interest (managed by District Councils); and loans from other sources under Article 16 of the 1981 Order. 3 TERMS OF LOANS 3.1 LOANS FROM THE CONSOLIDATED FUND 3.1.1 The Executive may borrow money from the Department of Finance and Personnel (DFP) which is empowered to make advances to the Executive under Article 15 of the 1981 Order as amended by Article 25 of the 1988 Order. 3.1.2 The advance shall be treated initially as a short-term loan (attracting interest only) charged at the “average discount rate for UK Treasury Bills” (as supplied by DFP) from the date of borrowing to the date of funding (ie, the first ‘Gale’ day after the date of borrowing if the date of borrowing coincides with a ‘Gale’ day, or the 2 nd ‘Gale’ day thereafter if it does not.) At the date of funding, the loan shall be converted into a longterm loan repayable over 25 years by equal half-yearly installments of annuity, (principal and interest repayments). The annuity interest rate applied shall be that in force at the date of funding, as provided by DFP, and the first installment of annuity shall become due on the ‘Gale’ day immediately following the date of funding. 3.1.3 The ‘Gale’ days for NIHE’s loan repayments as a result of borrowing from the Consolidated Fund shall be the last banking day in September and March each year (normally 30 September and 31 March). 3.1.4 All NIHE’s borrowing from the Consolidated Fund shall be at the “Concession” rate of interest as laid down by DFP. 3.1.5 DFP shall issue NIHE with a remittance advice for loan charges due in September and March each year and NIHE shall pay the appropriate loan charges to DFP on the relevant ‘Gale’ days. 4 LOANS INHERITED FROM FORMER LOCAL AUTHORITIES AT FIXED INTEREST RATES Loans inherited by NIHE from former housing authorities at fixed interest rates, ie, “Government Loans Fund (former Local Authority Loans)” and “Development Commission Loans”, are managed by DFP. 4.2 DFP shall inform NIHE of the amount of loan charges due and NIHE shall pay the charges directly to DFP on 1 February and 1 August in each year. 5 LOANS INHERITED FROM FORMER HOUSING AUTHORITIES AT VARIABLE INTEREST RATES (MANAGED BY DISTRICT COUNCILS). 5.1 NIHE shall pay the loan charges due on loans inherited from former housing authorities “loans pools” and managed by District Councils, direct to the relevant District Council on demand. The interest rate charged on these loans shall vary according to the average rate in each District Council’s loans pool. 5 LOANS FROM OTHER SOURCES 6.1 The terms of such loans shall be as may be approved by DFP. 7 METHOD OF CALCULATING LOAN CHARGES PAYABLE 7.1 The Method of calculating NIHE’s “estimated” loan charges for budget purposes, as agreed by DSD, shall be as set out in Annex 1. 7.2 The method of calculating NIHE’s “actual” loan charges due, shall be similar to that detailed in Annex 1 with the exception that actual annuity / interest rates and actual borrowing shall be used instead of Treasury interest rate assumptions and estimated borrowing. 8 MONITORING 8.1 DSD shall monitor NIHE’s expenditure on loan charges in accordance with the arrangements set out in para 10 of the Management Statement & Financial Memorandum. METHOD OF CALCULATING NIHE’s LOAN CHARGES 1. The layout for the calculation of NIHE’s estimated loan charges for budget approval/PES / Spending Review etc purposes is set out in Annex 2. 2. Parts (i) to (vi) concern the method of calculating the estimated loan charges due by NIHE in the half years to 30 September 2006 and 31 March 2007, as a result of borrowing from the Consolidated Fund, as follows: - 3. 4. i. shall represent the total of the actual annuity repayments which shall become due on 31 March 2006; ii. shall represent the borrowing in the half year to 30 September 2005 which shall be converted into an annuity and funded at 31 March 2006. The loan charges figure shall be calculated by multiplying the amount of borrowing by the relevant annuity factor (obtained from published annuity tables) underlying Treasury's estimated long-term interest rate assumption as at 31 March 2006; iii. shall represent the estimated interest for a full 6 months on the estimated borrowing in the half year to 31 March 2006 using the Treasury's estimated short-term interest rate assumption as at 31 March 2006; iv. shall be obtained by adding the loan charges at (i) and (ii); v. as (ii) above, except it shall represent the borrowing in the half year to 31 March 2006 funded at 30 September 2006, and the Treasury's estimated long-term interest rate assumption used shall be that in force at 30 September 2006; and vi. as (iii) above, except it shall relate to the estimated borrowing in the half year to 30 September 2006 and the Treasury's estimated short-term interest rate assumption used shall be that in force at 30 September 2006. Parts (vii) to (ix) of the calculation concern the method of estimating loan charges in respect of loans inherited from former housing authorities, as follows: (vii) and (viii) - NIHE shall estimate these loan charges, after consulting DFP using the most up-to-date information available; and (ix) the loans pool charges shall be calculated by applying the Treasury's latest estimated long-term (20 year Gilt) or short-term (3 month £Interbank) interest rate (whichever is appropriate) to NIHE’s outstanding loans pool debt at the start of each financial year and adding an estimate of the amount of loans pools principal to be repaid. The latter shall be based on the actual amount of principal repaid in the previous financial year. The final part of the calculation, (x), shall be estimated by NIHE using the most up-to-date information available at the time the calculation is being prepared. AGREED LAYOUT FOR THE CALCULATION OF NIHE’s ESTIMATED LOAN CHARGES FOR BUDGET/PES PURPOSES Half Year to 30 September 2006 (i) Annuity at 31 March 2006 £m (ii) Estimated Annuity on £x funded 31 March 2006 at y% (iii) Estimated interest for 6 months on estimated borrowing in half year to 31 March 2006, £x at y% (a) Half Year to 31 March 2007 (iv) Estimated Annuity at 30 September 2006 (v) Estimated Annuity on £x funded 30 September 2006 at y% (vi) Estimated interest for 6 months on estimated borrowing in half-year to 30 September 2006, £x at y% (b) (vii) GLF (Ex-Local Authority Loans) (viii) Development Commission Loans (ix) Loans Pools (c) Total Gross Annual Loan Charge Requirement (x) Less Interest On: Home Loans Conversion and Improvement Loans Housing Association Loans Miscellaneous Interest Receivable Total Net Annual Loan Charge Requirement (a) & (b) & (c) DOSSIER OF CONTROLS DoC 11 (2015) TITLE: STAFFING OF THE NORTHERN IRELAND HOUSING EXECUTIVE (NIHE) BACKGROUND: The following is subject to the approval of the Department for Social Development: The terms and conditions of employment (including remuneration) of all non-industrial and industrial employees in NIHE The appointment, removal from office, suspension or re-instatement and qualifications of the CX, Director of Corporate Services and Directors of NIHE The creation of, and remuneration applicable to, any non-industrial post in NIHE attracting a salary above the maximum of Principal Officer, Level 8 Higher grade duty payments to staff above Level 8 in circumstances determined by the Department GOVERNING LEGISLATION/GUIDANCE: The Housing (Northern Ireland) Order 1981 APPROVAL PROCEDURE: Prior approval is required for all of the above and must be supported by a full explanation of the proposal(s)/proportionate Business Case MONITORING PROCEDURE: Efficiency Reviews Budgetary Control Monitoring Business Plan and Annual Report RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Governance Housing Group – Finance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.20 – SUPERSEDED BY DoC 11 (2015) STAFFING OF THE NORTHERN IRELAND HOUSING EXECUTIVE (NIHE) 1.0 STATUTORY PROVISIONS 1.1 The Statutory Provisions governing the employment of staff by the Northern Ireland Housing Executive (NIHE) are set out in Article 5 of, and Schedule 3 to, the Housing (Northern Ireland) Order 1981 (the 1981 Order) 1.2 The Direction issued on 15 October 1998 by the Department under Article 5(2) of the 1981 Order is set out in Annex A. 2.0 OPERATIVE OR EFFECTIVE DATE/MAIN REVISIONS 2.1 The terms of the control document are operative/effective from 1 November 1998. 2.2 Main Revisions are:i. ii. iii. The removal of references to Regional Directors Reference to the location of the Direction in Annex A - para 4.2 Annex B has been added in respect of Bonus/Performance pay 3.0 GENERAL ISSUES 3.1 Conditions relating to approvals. 3.2 i In any circumstance where the terms of this control document require the NIHE to seek the Department's approval, this will mean PRIOR approval. Only in very exceptional circumstances will retrospective approval be considered by the Department. ii All requests for approval must be supported by a full explanation of the proposals. iii The NIHE must not enter into commitments of any kind, until the Department's approval has been obtained and iv In general the Department will require at least 2 weeks to consider requests for approval before issuing a formal response and additional time may be required if the Department has to seek advice from external sources. Timing in relation to budget approval is an exception, and is specified at para 4.2(10) of this document. Superannuation i. In accordance with Article 9(1) of the Superannuation (Northern Ireland) Order 1972, NIHE staff shall be subject to the Local Government (Superannuation) Regulations (Northern Ireland) 1992; for the purposes of the Superannuation (Northern Ireland) Order 1972, the NIHE shall be treated as if it was a District Council (1981 Order Article 5(3)). In accordance with Article 5(4) of the 1981 Order, where the NIHE considers it desirable, it may, with the consent of the Department, make special arrangements as to the payment of pensions and other superannuation benefits in respect of such of its employees as it may designate and in such cases Article 5(3) of the 1981 Order shall not apply. ii. 3.3 Local Government Staff Commission The powers of the Local Government Staff Commission shall also extend to the NIHE (Local Government Act (Northern Ireland) 1972: Section 40, as amended by Article 5(5) and Schedule 3, of the 1981 Order). The Department has determined that the posts of Chief Executive (CX), Director of Corporate Services/Deputy CX and Director shall be offices for which advisory appointment panels should be established by the Commission for the purposes of Section 40(4) (act) of the Local Government Act (Northern Ireland) 1972, as amended. 4.0 NON-INDUSTRIAL STAFF 4.1 Chief Executive's (CX) Authority - Exercise of the authority described below, is conditional upon compliance with approved terms and conditions. Staff Numbers: Apart from the staff referred to at paras 4.2 iii. and iv. below, the CX has the authority, in any financial year, to engage more/less non-industrial staff than estimated for in the approved budget, so long as the approved budget is not exceeded. For ADDITIONAL PERMANENT posts, exercise of his authority is normally conditional upon the additions having been recommended by a staff efficiency/inspection organisation, however, the condition need not apply where e.g. the costs of a number of additional lower grade posts are offset by a reduction in one or more higher grade posts. 4.1.2 Officers temporarily undertaking additional duties a. Higher Grade Duty Payments (for staff up to and including Level 8) - The CX has the authority to both determine the amount and approve payments. b. Higher Grade Duty Payments (for staff above Level 8) - The CX has the authority to both determine the amount and approve payments: i. ii. where the postholder has permanently vacated the post and there is no *increase in the number of posts being paid for above Level 8; and where the number of posts is * increased for 6 months or less * ie, increase beyond the number of posts approved by the Department in line with its role at para 4.2(vi). c. Honoraria - The CX has the authority to determine the amount and approve payment of honoraria. 4.1.3 Terms and Conditions - With the exception of caveats at * below (for which this Department retains authority) the CX has the authority to IMPLEMENT the terms and conditions etc recommended by bodies which the Department has approved (see para 4.2 (i)) a. Terms, Conditions, remuneration etc of the CX (see para 4.2 (iii)) b. Staffing, remuneration above Senior Principal Officer - Level 8 (see para 4.2 {iv)) c. The Department's Statutory authority (see para 4.2 (v)) d. Rates of salary increase (see para 4.2(i)) 4.1.4 Authority to Delegate - The CX may delegate the authority at 1. 2. and 3 of paragraph 4.1 above. The Department's prior approval is required to any deviations from approved terms and conditions etc (see para 4.2.1) 4.1.5 Efficiency Measures. The CX is expected to make arrangements which ensure that the number and grades of staff are sufficient, but not excessive to, that required to carry out NIHE's functions in an efficient and economic manner. (See also Department's role at para 4.2.6). 4.2 Department's Role - The Direction quoted below is set out in Annex A. 4.2.1 Terms and Conditions of Employment (incl Remuneration/Rate of Salary increase). The Department approves the above, in accordance with Para 1 a. of the Direction. The Department has approved; a. for the post of CX, the terms and conditions recommended by the Joint Negotiating Committee for Chief Officers of Local Authorities. b. for the posts of Director of Corporate Services/Deputy CX and Directors, the terms and conditions recommended by the Joint Negotiating Committee for Chief Officers of Local Authorities. c. for all other non-industrial posts, the Scheme of Conditions and Service of the National Joint Council for Local Authorities ("Purple Book"). The Department's prior approval is required to any deviations from approved terms and conditions etc (see para 4.2.1) 4.2.2 Posts at Director Level and above - General approvals. In accordance with paragraph 1 b. of the Direction, the Department retains the approval function for the appointment, removal from office, suspension, reinstatement and qualifications of the CX, Director of Corporate Services/Deputy CX and Directors. 4.2.3 Remuneration of the CX - In accordance with para 1 c. of the Direction, the remuneration of the CX is subject to the Department's prior approval. 4.2.4 Staffing/Remuneration of other Senior Staff a. in accordance with Paragraph 1 c. of the Direction, the number and remuneration of all permanent non-industrial posts in the NIHE attracting a salary above the maximum of Senior Principal Officer, Level 8, are subject to the Department's prior approval. b. should the NIHE wish to create any new posts above this level or re grade any such existing posts, it shall seek the Department's prior approval. 4.2.5 Statutory Powers - In accordance with Article 5(2) of the Housing (NI) Order 1981, the Department retains the ultimate approval authority for staff related matters, consequently, as circumstances may dictate, it can direct that terms and conditions, remuneration etc other than those recommended by the approved bodies at 4.2 i. are appropriate. 4.2.6 Officers temporarily undertaking additional duties. Higher Grade Duty Payments (for staff above Level 8) In accordance with paragraph 1 d. of the Direction, the prior approval of the Department is required before payment can be made, where the number of posts is increased for more than 6 months (see corollary at para 4.1 (ii)(b)(ii)). 4.2.7 Efficiency Review - The Department may on occasions wish to examine by a suitable method (which may include an efficiency review by an outside body) the number and level of staff employed by the NIHE in the organisation, as a whole, or in individual sections. It will be for the Department, following consultation with the NIHE and with agreement where possible, to decide how and when such examinations should be carried out. 4.2.8 Performance Pay/Bonus - The Department approves performance pay and bonus arrangements. The current arrangements are set out in Annex B to the dossier. 4.2.9 Budgetary Control: Approval - The Department approves the salary budget for nonindustrial staff. The number of staff employed by the NIHE (and consequently the budget required) shall be consistent with that necessary to carry out its functions. Any expenditure incurred by the NIHE on staffing must be in accordance with its approved budget. In order to allow the Department sufficient time to consider budget proposals for the incoming financial year, the NIHE shall submit to the Department before the end of February: a. an estimate of the salary budget for its non-industrial staff; b. an indication of the number, by grade, of full-time equivalent staff which the budget is expected to support; c. an estimate, detailed as at b. above of the staff likely to be employed at the end of the outgoing financial year; d. any other information as the Department may require at that time; In addition, within one month after the end of the financial year, the NIHE shall submit a statement of actual staff employed at the end of the financial year, detailed as at b. above. 4.2.10 Budgetary Control: Monitoring Prior to the meetings of the Joint PES Working Group (JPWG) the NIHE shall provide the Department's JPWG rep with a. to c. below. a. monthly returns showing actual salary costs incurred to date against budget profile; b. an estimate of the salary requirements for the remainder of the financial year; and c. an explanation for any variation between anticipated outturn for the financial year and the approved budget. Any queries arising from the Department's examination of the information at a. to c. above will be dealt with initially through the JPWG forum. DIRECTION UNDER ARTICLE 5 OF THE HOUSING (NORTHERN IRELAND) ORDER 1981 1. 2. The Department in exercise of its powers under Article 5 of the Housing (Northern Ireland) Order 1981 hereby directs that the following shall be subject to its approval: (a) the terms and conditions of employment (including remuneration) of all nonindustrial and industrial employees in the NIHE; (b) the appointment, removal from office, suspension or re-instatement and qualifications of the CX, Director of Corporate Services/ Deputy CX and Directors of the NIHE; (c) the creation of, and remuneration applicable to, any non-industrial post in the NIHE attracting a salary above the maximum of Principal Officer, Level 8; (d) higher grade duty payments to staff above Level 8 in circumstances determined by the Department. The Department's Direction of 6 October 1993 is hereby revoked. Signed by authority of the then Department of the Environment for Northern Ireland. David Crothers Director of Housing Date: 15 October 1998 PERFORMANCE PAY: NORTHERN IRELAND HOUSING EXECUTIVE (NIHE) 1.0 Introduction 1.1 'The Performance Pay (PP) Scheme that had operated within the NIHE since July 1990, was formally discontinued in January 1993. This document sets out a new scheme, to provide for future awards. The scheme, which is only applicable to Director Level and above in the NIHE, is largely based on that which applies to staff at Grade 7 and above in the Civil Service. 1.2 Under the new scheme, only 2 pay points are quoted for each grade - a minimum and a maximum. At the inception of the scheme, these will equate with the minima and maxima (including the highest range point) of existing scales. 1.3 In addition, range points have been abolished and increments (while they may exist as figures on scales applicable to the NIHE) are not recognised for PP purposes. They can however be recognised for other purposes, e.g., starting pay on promotion. 1.4 Scale points will alter as a result of agreed pay settlements. 1.5 In the absence of increments, progress towards the new maximum rate of pay will be by means of "Performance Pay awards" (PPAs). Budgets will be set for the amount of money available for the payment of PPAs. 1.6 PPAs can take an individual beyond the maximum pay point. 1.7 Performance awards will be consolidated and paid as part of pensionable pay, except where an award takes an individual above the maximum pay point in which case the amount exceeding the maximum will be paid as a non-consolidated non-pensionable amount. 1.8 Agreed pay settlements and PPAs must be paid from the salary budget approved by the Department. 2.0 CHIEF EXECUTIVE (CX) PERFORMANCE PAY 2.1 Scheme Decision i. The PP scheme for the CX is comprised of an award limit, together with a number of performance measures and targets which have specific award values within the limit set. Achievement of each individual target is sufficient to merit the agreed award for that target. No award is permitted for individual targets which have not been achieved, nor can there be 'off-sets' between targets which have been exceeded and others which have not been achieved. ii. The Department will determine the limit of PPA and notify the Board of that limit before the commencement of each year. 2.2 iii. The Board will recommend to the Department a minimum of 6 performance measures, related targets and their individual value within the overall limit at (i) above. The measures should span the fundamental aspects of the NIHE's business, the targets should be demanding and they should ideally address effectiveness, efficiency and quality of service aspects. The Department's agreement to the recommendations is required. There is scope for the Board and the Department to agree changes to measures/targets, etc, 'in-year' where, eg, significant changes have occurred which render meaningless or unreasonable any previously agreed. The exchange of relevant correspondence will be at Departmental Accounting Officer/Chairman of the Board level. iv. The Board has the authority to assess performance and to approve the corresponding award of PPA within the limit set. v. The Board should take all necessary measures to ensure that those systems which provide information to the decision-making process are sufficiently well controlled to secure the integrity, completeness and accuracy of relevant information. This should include periodic review by the NIHE's Internal Audit function. Effective Date The revised scheme took effect from the 1993/94 financial year. 3.0 DIRECTOR OF CORPORATE SERVICES AND OTHER DIRECTORS: PERFORMANCE PAY 3.1 Scheme Design i. Before the commencement of each year, in line with normal annual reporting arrangements, the NIHE shall determine the performance measures, objectives, targets, etc, of all other staff in the PP scheme. These measures, etc, should normally flow from those agreed for the CX, but can include others. i. The Department will approve both the method used to calculate the budget available for PPAs and the limit of that budget. The Department can assist in the design of the system which determines the value of awards from the budget to individuals in the PP scheme, but the distribution method and the value of awards from the budget is for the NIHE to decide. iii. Individual performance as assessed in annual staff reports is the basis on which PPAs are to be determined. A Box 4 or 5 assessments should normally attract no PPA. iv. It is a basic principle of the PP scheme that Box 1 assessments should be exceptional within the PP group, if the scheme is to retain credibility. v. Given that the single criterion of Box marking will be used to determine PPAs under these arrangements, it will be essential to ensure that appraisal reports address what are critical areas, in performance pay terms, of an individual's job. The areas should include: vi. 3.2 3.3 a. effectiveness of contribution to the organisation's business objectives; b. attainment of objectives; c. responsibility for and performance in managing resources (people and money); d. the level of skills and knowledge required; e. decision-making and problem-solving; f. the impact of advice; g. the representational, presentational and negotiating skills required; h. loading and job weight in comparison with others in the same grade. Reporting and Countersigning Officers will be required to address specifically whichever of these areas are particularly relevant to an individual's job. Authority to Approve i. The Board has the authority to approve the value of a PPA to the Director of Corporate Services on being satisfied about the level of performance attained. ii. The CX has the authority to approve the value of PPAs to all other staff on being satisfied about the level of performance attained. Effective Date The revised scheme took effect from the 1993/94 financial year. DOSSIER OF CONTROLS DoC 12 (2015) TITLE: USE OF PROFESSIONAL SERVICES INCLUDING CONSULTANTS BACKGROUND: NIHE may use consultants when sufficient resources of the type required to undertake a particular exercise within an acceptable timescale, are not available within the NIHE or the Northern Ireland Civil Service (NICS). There may also occasionally be a need to look outside for help and advice in order to emphasise the impartiality of an assignment. GOVERNING LEGISLATION/GUIDANCE: NIHE shall adhere to the guidance issued by DFP, as well as any produced by DSD, in relation to the use of consultants APPROVAL PROCEDURE: The NIHE must comply with the guidance on the use of professional services issued by DFPcircular FD (DFP) 07/12 (April 2012). Approval procedures are detailed within this guidance. MONITORING PROCEDURE: NIHE will provide DSD with an annual plan of forecast consultancy assignments, quarterly updates of progress and expenditure on consultancy and an annual statement on the status of all consultancies completed and/or started in each financial year. This information shall be provided in the format and detail set out by DSD and returned by the stipulated deadline. Consultancy assignment documentation including business cases, post project evaluations, consultant report etc. should be available for review by DSD or DFP as required. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group – Finance Housing Group – Governance Housing Group - Relevant Business Area DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.21a – SUPERSEDED BY DoC 12 (2015) USE OF CONSULTANTS 1.0 POLICY 1.1 The Northern Ireland Housing Executive (NIHE) may use consultants when sufficient resources of the type required to undertake a particular exercise within an acceptable timescale, are not available within the NIHE or the Northern Ireland Civil Service (NICS). There may also occasionally be a need to look outside for help and advice in order to emphasise the impartiality of an assignment. 1.2 The term "consultants" should be interpreted as including consultants in the accountancy and audit, economic and financial appraisal, organisational, efficiency, procedural, staffing (including the use of executive search consultants), work study, engineering and environmental areas. 1.3 The control document also covers the area of information technology, except where an appointment is required to (a) supplement in-house resources (but not to lead projects), (b) provide software maintenance under contract, (c) provide a bureau service or (d) procure new technology systems (including any initial training as part of the package). 2.0 APPROVED BUDGETS 2.1 Expenditure incurred by the NIHE on the employment of consultants must be in accordance with the NIHE's approved budgets. 2.2 When submitting its annual budgets to the Department for approval, the NIHE should indicate the provision in Revenue Block 3 for payments to consultants (shown separately) together with detailed breakdowns of how the figures have been compiled. The NIHE shall also provide the Department with such additional information as it may require enabling it to reach a decision on the proposed budgets. 3.0 APPOINTMENT OF CONSULTANTS 3.1 The appointment and use of consultants is governed by DAO (DFP) 3/05 “Guidance on the Engagement of External Consultants” which provides a general framework within which Departments and NDPBS must work. The guidance also allows departments to draw up their own guides that take account of specific functions of departments while following the principles set out in DAO (DFP) 3/05. The Department for Social Development has produced its own policy statement (The Guide) on the use of External Consultants which should be read in conjunction with DAO (DFP) 3/05. The Department’s Guide (copy available from Housing Group) sets out: Definitions/criteria Engagement rules/process Planning/Security para 2 para 3 and 6 para 4 and 5 Management system Monitoring procedures para 7 and 8 para 9 3.2 Paragraphs 3 and 6 of the Guide provide detailed directions on various aspects of the employment and use of consultants; on a model system for the use and control of consultants; and guidance on VFM and monitoring arrangements. The Department will notify the NIHE of any changes to the Guide as and when they become available. 3.3 In all cases, the NIHE must be able to demonstrate that the appointment process is fair, meets value for money considerations and discourages undue patronage. (Paragraph 2.7 of the Guide) 3.4 The Guide contains a checklist summary in Chapter 10 dealing with all issues to be addressed when considering the appointment of consultants. Appendix A of the Guide lists the 16 new categories of external consultants. 3.5 Except in the case of extensions to assignments already completed the NIHE should establish whether the consultant it wishes to appoint has already been used within the public service and to what effect. 3.6 Formal written contracts must be used for all consultancy assignments. 4.0 TRAINING CONSULTANTS 4.1 Before appointing training consultants the NIHE shall, if applicable:i. where possible assess the performance of the consultant e.g., by attending one of the consultant's courses or by the consultant giving a pilot course; ii. approach the Director of the Business Development Service of the Department of Finance and Personnel, and if appropriate, the Public Service Training Council, for recommendations on the firms who might be consulted in respect of a proposed training course; iii. ensure that an employing body such as the University of Ulster or Queen's University is approached before an individual lecturer is appointed as a training consultant. 5.0 DEPARTMENTAL APPROVAL 5.1 Departmental prior approval is required for all external consultancy expenditure, regardless of cost before a contract can be awarded. Ministerial and DFP approval is also required for all external consultancy expected to cost over £75,000, See Para 6.2 of the Guide. A pro-forma prepared by DFP Supply for obtaining its approval is set out in Appendix E of the Guide. 5.2 In order to conform with audit and value for money scrutiny a business case (Appendix D of the Guide) should be prepared for the engagement of all external consultancies and should set out at a level of detail proportionate to the proposed assignment, as outlined in Para 6.1 of the Guide. 5.3 It is the responsibility of the NIHE to record accurate and efficient information in relation to all consultancy contracts. It is stipulated at Para 8.4 of the Guide that a database should be maintained, and should contain as a minimum, the information specified in Para 7.5 of the Guide. 5.4 In all cases, where its approval is sought, the Department will require a reasonable time (at least 2 weeks) to consider proposals. Commitments of any kind must not be entered into until such approval is obtained. 6.0 EVALUATION & MONITORING 6.1 Arrangements need to be in place to ensure that all external consultancy projects are properly managed, these are outlined in the Guide, Para 6.13. If the NIHE considers that an assignment has not been carried out to its satisfaction it shall provide the Department with a report on the matter within 2 months of completion of the assignment. The report should record the terms of reference of the assignment, the names and daily rates of the individual consultants employed, the total cost showing fees and expenses separately and an overall assessment of the consultancy firm's performance and in particular its weakness. A post project evaluation form can be used in this instance, see Appendix K of the Guide. 6.2 New arrangements for monitoring expenditure and performance of all external consultancy assignments, whether they fall within DAO/DFP/ 03/05 or not, have been introduced, to ensure all external consultancy assignments/projects are properly managed. This will be achieved by monitoring activity through information received from nominated contacts, see Para 9 of the Guide for further guidelines including frequencies of returns and format. Appendix J of the Guide can be used to monitor contract details and expenditure. 7.0 SECURITY CONSIDERATIONS 7.1 The Security aspects (i.e. risk to persons, property or classified government information) of each assignment should be carefully examined and where necessary a check should be carried out on the consultant and the staff to be involved in the assignment. In deciding whether assistance in this area should be sought from the Department the NIHE should be guided by whether the threat resulting from the employment of the consultant would be greater than that posed by the use of its own staff. (para 5.1 of the Guide) 8.0 COMPLIANCE 8.1 The Chief Executive is responsible for the adequacy of the controls which ensure compliance with the requirements of this control document and any other procedures internal to the NIHE DOSSIER OF CONTROLS DoC 13 (2015) TITLE: INSURANCE SERVICES BACKGROUND: ‘Insurance Services’ includes insurance brokers, insurance GOVERNING LEGISLATION/GUIDANCE: Paragraphs 85-90 of the Management Statement Financial Memorandum state the policy to be followed by NIHE in order to provide protection for its assets and to safeguard itself and its operations against liability and risk APPROVAL PROCEDURE: When submitting its annual budgets to the Department for approval NIHE should indicate the provision for insurance services within Revenue Block 3 – Supervision and Management and Revenue Block 5 – Miscellaneous. The Department’s specific approval to the contracting of insurance services shall not be required. Should NIHE wish to provide a claims handling service in-house it should be satisfied that this represents better value for money than the engagement of a private sector service. The Department’s specific approval to the provision of an in-house service shall not be required. NIHE will advise the Department in April each year of the insurance cover in place. MONITORING PROCEDURE: Inclusion of provision for insurance services in the annual budget The tendering for insurance brokers, insurance consultants or claims handling services will be advised to the Department as and when they occur/on an annual basis. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Governance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.21c – SUPERSEDED BY DoC 13 (2015) INSURANCE SERVICES 1.0 POLICY 1.1 Paragraph 12.13 of the Management Statement and Financial Memorandum states the policy to be followed by NIHE in order to provide protection for its assets and to safeguard itself and its operations against liability and risk. 1.2 NIHE may engage insurance services to provide professional advice and assistance where this is considered necessary and where equivalent expertise is not available within NIHE. 1.3 The term “insurance services” should be interpreted as including insurance brokers, insurance consultants and claims handling services. 2. APPROVED BUDGETS 2.1 Expenditure incurred by the NIHE in the provision or contracting of insurance services must be in accordance with NIHE approved budgets. 2.2 When submitting its annual budgets to the Department for approval NIHE should indicate the provision for insurance services within Revenue Block 3 – Supervision and Management and Revenue Block 5 – Miscellaneous. 3. CONTRACTING OF INSURANCE SERVICES 3.1 The internal procedures for the contracting of insurance services shall be adhered to by the NIHE in all cases. 3.2 In all cases NIHE should bear in mind the need for fairness and value for money. 3.3 Competitive selection must be used for the contracting of insurance services. 4. APPROVAL PROCEDURES 4.1 The Department’s specific approval to the contracting of insurance services shall not be required. 4.2 Should NIHE wish to provide a claims handling service in-house it should be satisfied that this represents better value for money than the engagement of a private sector service. The Department’s specific approval to the provision of an in-house service shall not be required. 5. MONITORING 5.1 The tendering for insurance brokers, insurance consultants or claims handling services will be advised to the Department as and when they occur. DOSSIER OF CONTROLS DoC 14 (2015) TITLE: SUPERVISION & MANAGEMENT – EXCEPTIONAL EXPENDITURE BACKGROUND: Separate control documents already exist for the administrative issues of Staffing, Attendance at Conferences etc, Use of Consultants, Payment of Fees and Surveys/Research. This control document deals mainly with: Those other items of general administrative expenditure making up the Supervision and Management costs in the Revenue budget of NIHE; and The Assisted Car Purchase Scheme funded from NIHE’s Capital budget GOVERNING LEGISLATION/GUIDANCE: Audit Fees and Housing Council Members’ Expenses - The Local Government Act (NI) 1972 NIHE Board Members’ Expenses and Housing Council Members’ Expenses - The Housing (NI) Order 1981 APPROVAL PROCEDURE: NIHE Board Members’ Expenses – Any variation from the “Purple Book” shall be subject to the prior approval of DSD. Housing Council Members’ Expenses – Any variation from those allowances paid to local councillors shall be subject to the prior approval of DSD Assisted Car Purchase Scheme and Travel & Subsistence - Any variation from the “Purple Book” shall be subject to the prior approval of DSD. MONITORING PROCEDURE: None RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Governance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.22– SUPERSEDED BY DoC 14 (2015) SUPERVISION AND MANAGEMENT- OTHER EXPENDITURE 1.0 INTRODUCTION 1.1 Unique control documents already exist for the administrative issues of Staffing, Attendance at Conference etc.; the Use of Consultants; Payment of Fees and Surveys/Research. 1.2 This control document deals mainly with: i those other items of general administrative expenditure making up the Supervision and Management costs in the Revenue budget of the Northern Ireland Housing Executive (NIHE); and ii. the Assisted Car Purchase Scheme funded from the NIHE's Capital budget. 1.3 The terms of this document are effective from 1st August 1994. 2.0 SUPERVISION AND MANAGEMENT COSTS 2.1 The NIHE shall prepare an annual budget for each item of expenditure and this will form part of the annual submission by the NIHE of its capital and revenue budgets for consideration and approval by the Department. The NIHE shall provide the Department with such information as it may require in support of the budget submission. 2.2 Subject to paragraphs 36 below the NIHE may, without recourse to the Department, incur expenditure, provided that it is in accordance with the NIHE's approved budgets. 3.0 AUDIT FEES In accordance with Section 75(2) of the Local Government Act (Northern Ireland) 1972, the Department of Finance and Personnel shall charge the NIHE such sum as that Department thinks reasonable for the services of Northern Ireland Audit Office in carrying out its statutory audit of the NIHE. 4.0 ASSISTED CAR PURCHASE SCHEME AND TRAVEL AND SUBSISTENCE The Department has determined that the operation of the Assisted Car Purchase Scheme by the NIHE and the payment of allowances for Travel and Subsistence to the NIHE's Officers shall be in accordance with the Conditions of Service recommended by the National Join Council for Local Authorities (NJC) and commonly referred to as "Purple book" conditions. Any variation from the "Purple Book" shall be subject to the prior approval of the Department. 5.0 NIHE MEMBERS’ (THE BOARD) EXPENSES 5.1 In accordance with Article 3(3) of and Paragraph 5 of the Schedule 1 to the Housing (Northern Ireland) Order 1981 (the 1981 Order) the Department has determined that the levels of remuneration for NIHE Members shall be in accordance with the recommendations of the Senior Salaries Review Body. 5.2 The Department has determined that the rates of allowance for Travel and Subsistence paid to NIHE Members shall be in accordance with the "Purple Book". Any variation from the "Purple Book" shall be subject to the prior approval of the Department. 6.0 HOUSING COUNCIL MEMBERS’ EXPENSES In accordance with Article 4(7) of, and Paragraph 5 of Schedule 2 to, the 1981 Order the Department has determined that the rates of travel, subsistence and other allowances paid to the Housing Council members shall be those payable to local councillors under regulations made under the Local Government Act (Northern Ireland) 1972. Any variation from these allowances shall be subject to the prior approval of the Department. 7.0 COMPLIANCE The Chief Executive is responsible for the adequacy of the controls which ensure compliance with the requirements of this control document and any other procedures internal to the NIHE. DOSSIER OF CONTROLS DoC 15 (2015) TITLE: ATTENDANCE AT: (A) CONFERENCES (INCLUDING CONGRESSES) (B) TRAINING OUTSIDE THE UK AND REPUBLIC OF IRELAND (ROI) (C) STUDY VISITS OUTSIDE THE UK AND ROI BACKGROUND: This control document sets down the principles governing attendance at the above, by officials/members of NIHE, NIHE Board and NI Housing Council when such attendance is funded at public expense. While the detail of this control document does not apply to training/study visits within the UK and ROI, DSD expects that value for money and budgetary control principles, for example, will be observed. GOVERNING LEGISLATION/GUIDANCE: None APPROVAL PROCEDURE: The Chief Executive of NIHE must seek the prior approval of DSD to increases in its budget for such expenditure beyond that already approved by DSD. MONITORING PROCEDURE: At the end of each financial year the Chief Executive of NIHE should submit to DSD a report, including a Nil return if appropriate, specific to attendance at Conferences/Congresses outside the UK and ROI showing at a minimum:a) b) c) d) Actual numbers of attendees and costs; Events and venues attended; Clear quantification of the benefits derived; and Any decision on future attendance in the light of experience RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group – Governance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.23 – SUPERSEDED BY DoC 15 (2015) ATTENDANCE AT: (A) CONFERENCES (INCLUDING CONGRESSES) (B) TRAINING OUTSIDE THE UK AND REPUBLIC OF IRELAND (ROI) (C) STUDY VISITS OUTSIDE THE UK AND ROI 1.0 PURPOSE 1.1 The purpose of this control document is to set down the principles governing attendance at the above, by officials/members of the bodies at 2. below, when such attendance is funded at public expense. In the remainder of this document, the term 'event' is used to cover (A), (B) and (C) above. 1.2 While the detail of this control document does not apply to training/study visits within the UK and ROI, the Department expects that the value for money and budgetary control principles, for example, will be observed. 1.3 The terms of this control document are effective from 1 April 1993 and the terms of previous control documents are no longer valid. 2.0 APPLICABLE BODIES The Northern Ireland Housing Executive (NIHE); the Board of the Housing Executive (the Board); and the Northern Ireland Housing Council (NIHC). 3.0 AUTHORITY TO APPROVE 3.1. The Department hereby delegates to the Chief Executive (CX) of the NIHE the authority to:- 3.2 a) determine under which category of event seminars, symposia and other like events should fall. (i.e. Conferences, Training, Study Visits) b) approve the attendance and expenses of NIHE staff at events outside the UK and ROI; c) approve the attendance and expenses of NIHE staff at events within the UK and ROI; and d) delegate the approval function at c. to other management levels within the NIHE. The Board and the NIHC have separate approval roles described at paragraphs 7 and 8 below. 4.0 CRITERIA 4.1 Approvals at para 3.1 above should only be given when one or more of the criteria at a. to c. below are satisfied:a) the NIHE has a specific, as distinct from a general, interest in a matter of importance to be raised at an event; or b) the NIHE has been asked to present a paper; or c) other circumstances (not covered by a and b) warrant attendance at events. In addition, recommendations for attendance must include: d) a statement showing the expected benefits and that they merit attendance at the costs involved; e) alternative ways in which the benefits might be achieved; and f) the reason why particular attendees are nominated. 4.2 In order to satisfy both NIHE Management and Audit requirements, the Department expects that relevant records will show clearly, the basis on which approvals have been granted. 5.0 REPORTS 5.1 Attendees at all events should submit reports to those who initially approved attendance. The reports should include e.g. comments on the proceedings; its relevance; and quantification of the benefits gained. This information should be used in arriving at future decisions on attendance at similar events. 5.2 At the end of each financial year, the CX should submit to the Department a report, specific to attendance at Conferences/Congresses outside the UK and ROI showing at a minimum:a) actual numbers of attendees and costs; b) events and venues attended; c) clear quantification of the benefits derived; and d) any decision on future attendance in the light of experience. 6.0 BUDGETING/ACCOUNTING 6.1 The NIHE shall prepare an annual budget for the attendance of delegates at events and that budget shall form part of the annual submission by the NIHE of its capital and revenue budgets for consideration and approval by the Department. 6.2 The budget should be supported by the following information to enable the Department to assess how the budget was compiled:a) for each known venue the number of individuals (inclusive of Board members) for whom budgetary provision is requested; b) estimated costs per event; c) amounts within the budget representing:i) attendance within the UK and ROI; ii) attendance outside the UK and ROI; and d) the amount reserved for unknown events and other information as may be requested by the Department. 6.3 The CX must seek the PRIOR approval of the Department to increases in the budget beyond that approved under 6.1 above. The financial budget initially approved, will not normally be subject to in-year increase. 6.4 The CX must ensure that accurate, up to date information on actual and proposed expenditure on events is available as a basis for adequate internal budgetary control. 7.0 THE BOARD OF THE HOUSING EXECUTIVE 7.1 The Board has a dual role namely the approval of attendance at events by a) its own members; and b) the CX of the NIHE; when the costs of attendance are to be borne within the NIHE's budget. 7.2 In exercising its approval role, it is expected that the Board will adhere to the principles described at paragraphs 4 and 5.1 above, and contribute to the reporting and budgeting exercises required of the CX, at paragraphs 5.2 and 6 above. 8.0 THE NORTHERN IRELAND HOUSING COUNCIL(NIHC) 8.1 The budget for expenses of the NIHC can include provision for attendance at events and the whole budget forms part of the NIHE’s submission to the Department in line with paragraph 6 above. 8.2 The NIHC approves the attendance of its members at events. In approving the NIHC's budget, where it includes provision for such attendance, the CX shall ensure that the principles described in paragraphs 4 and 5.1 above are applied to the NIHC budget before giving approval and that the NIHC contributes to the reporting and budgeting exercises required of him at paragraphs 5.2 and 6 above. 9.0 LIAISON 9.1 The CX must determine the most effective liaison arrangements, so that collective attendance at events by representatives of the Board, the NIHE and the NIHC is minimised. 10.0 COMPLIANCE 10.1 The CX is responsible for adequacy of the controls which ensure compliance with the requirements of this control document and any other procedures internal to the NIHE. DOSSIER OF CONTROLS DoC 16 (2015) TITLE: RESEARCH PROJECTS BACKGROUND: Research is an essential element in the establishment and monitoring of Departmental objectives. GOVERNING LEGISLATION/GUIDANCE: Under Article 6(3) of the Housing (NI) Order 1981 (the 1981 Order) the Northern Ireland Housing Executive (NIHE) may carry out such inspections and surveys as it considers necessary for the purposes of Article 6(1) of the 1981 Order which, inter alia, places a duty on the NIHE to regularly examine housing conditions and need. Under Article 6(5) of the 1981 Order the NIHE may, with the consent of the Department conduct or promote research into any matter relating to any of its functions. "Research" shall include "research related surveys". APPROVAL PROCEDURE Budgetary Control The Department's Housing Group provides approval for the NIHE's research budget which must be submitted annually to the Department before the end of February. MONITORING PROCEDURE: The Department has representatives on the NIHE Research Committee which informs and monitors the CX’s programme. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Policy, Research and Legislation DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.24 – SUPERSEDED BY DoC 16 (2015) RESEARCH PROJECTS 1.0 LEGISLATIVE AUTHORITY 1.1 Research is an essential element in the establishment and monitoring of the Housing Strategy objectives. 1.2 Under Article 6(3) of the Housing (NI) Order 1981 (the 1981 Order) the Northern Ireland Housing Executive (NIHE) may carry out such inspections and surveys as it considers necessary for the purposes of Article 6(1) of the 1981 Order which, inter alia, places a duty on the NIHE to regularly examine housing conditions and need. 1.3 Under Article 6(5) of the 1981 Order the NIHE may, with the consent of the Department (see 2.1 below) conduct or promote research into any matter relating to any of its functions. "Research" shall include "research related surveys". 2.0 CHIEF EXECUTIVE AUTHORITY 2.1 The Chief Executive (CX) has the Department's consent to authorise both a research programme and individual projects associated with the requirements of paras 1.2 and 1.3 above. 2.2 The CX may delegate this authority. Exercise of the authority is conditional upon: (i) expenditure on research being in accordance with the approved budget (see para 3 below) (ii) compliance with:(a) any directives, procedures or guidelines provided by the Department (see para 3(ii) below); and (b) procedures internal to the NIHE (iii) ensuring that payment to any voluntary organisation carrying out research on the NIHE's behalf, does not constitute 'double' funding from public funds; and (iv) provision of the draft and final programme of research projects and surveys to the Department's Statistics & Research Branch for information. The provision should be on an annual basis, or as otherwise agreed between the NIHE and Statistics & Research Branch. 2.3 Budget proposals submitted to the Department (see para 3 below) must be based on a programme authorised by the CX or his delegate (para 2.2 above). 3.0 THE DEPARTMENT'S ROLE 3.1 Housing Group (a) Budgetary Control The Department's Housing Group provides the approval for the NIHE's research budget which must be submitted annually to the Department before the end of February. (b) Procedures/Guidelines etc Any directives, procedures, guidelines, advice etc., made available to Housing Group, will be distributed to the NIHE and will form part of the control document or Appendix to it. 3.2 Statistics & Research Branch (James House) The above branch will provide advice to the NIHE on the criteria to be taken into account in determining whether a survey requires Ministerial approval and other queries on surveys. DOSSIER OF CONTROLS DoC 17 (2015) TITLE: HOUSE IMPROVEMENT GRANT SCHEME BACKGROUND: House Improvement Grant Schemes for private sector housing are permitted under powers contained in the Housing (Northern Ireland) 1992 Order and the Housing (Northern Ireland) 2003 Order. These powers currently permit NIHE to provide grant assistance, subject to certain criteria, to private sector landlords, tenants and owner occupiers. NIHE must submit proposals within its Corporate and Operating plans, and any assistance provided must be contained within NIHE’s approved budget and should demonstrate the need for intervention and evidence the impact of intervention. GOVERNING LEGISLATION/GUIDANCE: Legislation: Housing (Northern Ireland) Order 1992 Housing (Northern Ireland) Order 2003 Housing (2003 Order) (Commencement) Order (Northern Ireland) 2003 which brought Part III of the 2003 Order into operation Articles 1(3) and 2(2): SR 2003 No 270 (c20) and SR 2004 No 528 (c39); Housing Renewal Grants (Reduction of Grants) Regulations (Northern Ireland) 2004 Home Repair Assistance Grant Regulations (Northern Ireland) 2003 Housing Replacement Grant Regulations (Northern Ireland) 2003 Housing Renovation etc Grants (Grant Limit) Order (Northern Ireland) 2003 Guidance: Renovation Grant Calculation of Grant and Test of Resources Replacement Grant Home Repair Assistance Grant Disabled Facilities Grant Common Parts Grant HMO Grant Circular 3/03 DSD Trim Ref DS1/09/114709 Circular 4/03 DSD Trim Ref DS1/09/114705 Circular 5/03 DSD Trim Ref DS1/09/114708 Circular 6/03 DSD Trim Ref DS1/09/114695 Circular 7/03 DSD Trim Ref DS1/09/114698 Circular 8/03 DSD Trim Ref DS1/09/114735 Circular 9/03 DSD Trim Ref DS1/09/114696 APPROVAL PROCEDURE: The NIHE shall ensure that operational policy, and administration of the scheme, does not contravene the 1992 and 2003 Orders and associated regulations or the etc contained in the Department's Circulars. Where in the NIHE's opinion, a situation is not covered in the guidance Circular, it shall make a comprehensive submission on the matter to the Department, to trigger consultation and revision to Circulars, if appropriate. The Department will consider any such submission accordingly and provide a decision in writing as soon as is practicable. MONITORING PROCEDURE: The Department receives monthly reports, through NIHE Board papers. These papers report against KPI targets in respect of Private Housing Adaptations and Repairs Grants, report on allocations and expenditure in relation to the discretionary grants and allow the Department to monitor performance against targets for private housing grants. The Department may seek, from time- to time, with information about the workings of the scheme and its outputs. There should, accordingly, be liaison between the Department and the NIHE to ensure that the information system satisfies the needs of all concerned. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group – Private Rented DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.25 – SUPERSEDED BY DoC 17 (2015) HOUSE IMPROVEMENT GRANT SCHEME 1.0 STATUTORY PROVISIONS 1.1 The Housing (Northern Ireland) Order 2003 (the 2003 Order) (2003 No 412:NI 2) provides, in Part III, the legislative basis for the operation of the House Improvement Grants Scheme. These provisions came into operation on 1 December 2003. This order, except for the Replacement Grant provisions, supersedes the Housing (Northern Ireland) Order 1992 (the 1992 Order) (1992 No 1725:NI 15) 1.2 In support of the 2003 Order, the Department has made the following orders and regulations on foot of the powers (specified below) of that Order and the 1992 Order: i. the Housing (2003 Order) (Commencement) Order (Northern Ireland) 2003 which brought Part III of the 2003 Order into operation Articles 1(3) and 2(2): SR 2003 No 270 (c20) and SR 2004 No 528 (c39); ii. the Housing Renewal Grants (Reduction of Grants) Regulations (Northern Ireland) 2004 which contain the provisions for operating the test of resources – Article 47 of the 1992 Order and Articles 2(2), 61, 62(5) and 148(1) of the 2003 Order: SR 2004 No 8; iii. the Home Repair Assistance Grant Regulations (Northern Ireland) 2003 which contain the provisions relating to Home Repair Assistance - Articles 2(2), 109 and 148(1): SR 2003 No 551; iv. the Housing Replacement Grant Regulations (Northern Ireland) 2003 which contain the provisions relating to Replacement Grant Articles 73 and 108(2) of the 1992 Order and Article 2(2) of the 2003: SR 2003 No 465; v. the Housing Renovation etc Grants (Grant Limit) Order (Northern Ireland) 2003 which sets a limit on the amount of grant which can be paid – Articles 54(5) and 73 of the 1992 Order and Articles 64, 106(2) and 148(1) of the 2003 Order: SR 2003 No 463. 2.0 OPERATIVE OR EFFECTIVE DATE 2.1 The terms of this control document are operative/effective from 1 December 2003 and the terms of previous control documents, directives, guidance etc are no longer valid. 2.2 The document is supported by detailed guidance circulars which are listed in Annex A. 3.0 THE DEPARTMENT’S ROLE 3.1 The Department shall be responsible for legislation and for basic policy. In addition it will give general guidance and advice to the Northern Ireland Housing Executive (NIHE) when appropriate. 3.2 The Department's policy and general guidance shall be contained in Circulars, cited in Annex A to this document. These have been complied following consultation with the NIHE, and are designed with the intention of giving maximum discretion to the NIHE to operate the scheme, without resource to the Department. Amendments to the Circulars will be made, as necessary, following consultation (See 4.2 under). 3.3 The Department approves the budget for grants and reviews expenditure on a regular basis. 4.0 THE EXECUTIVE’S ROLE 4.1 The NIHE shall ensure that operational policy, and administration of the scheme, does not contravene the 2003 Order and associated regulations or the etc contained in the Department's Circulars. 4.2 Where in the NIHE's opinion, a situation is not covered in the guidance Circular, it shall make a comprehensive submission on the matter to the Department, to trigger consultation and revision to Circulars, if appropriate. 4.3 The NIHE must be in a position to demonstrate the effectiveness of the grants scheme in eliminating or significantly reducing known housing problems in the private sector. It is essential, therefore, that the NIHE develops and maintains a system which: i. ensures that its staff are provided with current policies and procedures; ii. provides staff with relevant information about the size of the various housing problems (present and future) and the degree to which grant contributes to reductions in these problems; and iii. provides the Department, from time- to time, with information about the workings of the scheme and its outputs. There should be liaison between the Department and the NIHE to ensure that the information system satisfies the needs of all concerned. 4.4 The NIHE must develop/maintain a system of financial planning and control which: i. translates physical needs into financial needs and ii. provides accurate, up-to-date information to monitor expenditure versus approved budget (see para 3.3 above). LIST OF HOUSING GRANTS GUIDANCE CIRCULARS Renovation Grant 3/03 Calculation of Grant and Test of Resources 4/03 Replacement Grant 5/03 Home Repair Assistance Grant 6/03 Disabled Facilities Grant 7/03 Common Parts Grant 8/03 HMO Grant 9/03 DOSSIER OF CONTROLS DoC 18 (2015) TITLE: POWERS OF THE NI HOUSING EXECUTIVE TO DEAL WITH UNOCCUPIED PREMISES BACKGROUND: These powers enable NIHE, where it is satisfied that action is necessary to prevent damage to or protect housing accommodation, to serve notice upon an owner of any unoccupied premises requiring him to secure or demolish the premises. It should be noted that these powers must only be exercised where there is a risk to housing accommodation. GOVERNING LEGISLATION/GUIDANCE: Part III, Chapter V, Article 63 of the Housing (Northern Ireland) Order. Paragraph (9) of Article 63 contains a special power for the Executive to act directly in cases of urgent necessity. This power is subject to the consent of the Department and, where such consent is forthcoming, it enables the Executive to carry out those works which the owner might have been required to undertake by a notice served under paragraph (1) but without having to serve such a notice. There are certain circumstances where private properties in good condition in some estates, if left vacant and not secured immediately, may cause a risk to neighbouring properties due to vandalism and fire. In such situations the Executive should refer to the Housing and Planning Handbook. Article 91 of the Housing (Northern Ireland) Order 1992 APPROVAL PROCEDURE: Any expenditure which may be incurred by NIHE in pursuance of its actions to deal with unoccupied premises must be in accordance with the approved budgets. The power contained in Article 63(9) is subject to the consent of the Department and, where such consent is forthcoming, it enables NIHE to carry out those works which the owner might have been required to undertake by a notice served under paragraph (1) but without having to serve such a notice. Requests for Departmental consent should be made to the Department for Social Development, by telephone to 02890 829353. MONITORING PROCEDURE: None RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Governance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.27 – SUPERSEDED BY DoC 18 (2015) POWERS OF THE HOUSING EXECUTIVE TO DEAL WITH UNOCCUPIED PREMISES 1.0 STATUTORY AUTHORITY 1.1 Part III, Chapter V, Article 63 of the Housing (Northern Ireland) Order 1981 ("the Order") gives the Housing Executive powers to take action to deal with unoccupied premises 1.2 These powers were taken originally under the Housing (Northern Ireland) Order 1976 for a period of 5 years but have now been continued in force for the time being by virtue of Article 91 of the Housing (Northern Ireland) Order 1992. 2.0 APPROVED BUDGET 2.1 Any expenditure which may be incurred by the Executive in pursuance of its actions to deal with unoccupied premises must be in accordance with the approved budgets. 3.0 PURPOSE 3.1 Essentially these powers enable the Executive, where it is satisfied that action is necessary to prevent damage to or protect housing accommodation, to serve notice upon an owner of any unoccupied premises requiring him to secure or demolish the premises. 3.2 It should be noted that these powers must only be exercised where there is a risk to housing accommodation. 4.0 CASES OF URGENT NECESSITY 4.1 Paragraph (9) of Article 63 contains a special power for the Executive to act directly in cases of urgent necessity. This power is subject to the consent of the Department and, where such consent is forthcoming, it enables the Executive to carry out those works which the owner might have been required to undertake by a notice served under paragraph (1) but without having to serve such a notice. 4.2 There are certain circumstances where private properties in good condition in some estates, if left vacant and not secured immediately, may cause a risk to neighbouring properties due to vandalism and fire. In such situations the Executive should refer to the Housing and Planning Handbook. 4.3 Requests for Departmental consent should be made to the Department for Social Development, by telephone to 02890 819512, in accordance with the conditions listed in Annex 1. In cases where the Executive considers it appropriate to use Article 63(9) of the Order, the following information must be available:(i) the caller's name, rank, official address and telephone number; (ii) the address of the premises concerned; (iii) confirmation that the premises are unoccupied; (iv) the name of the owner(s) of the premises, if known; (v) a statement of the condition of the premises; (vi) a statement of the nature of the risk to housing accommodation, which should be identified by address; (vii) a brief description of the works which the Executive proposes to carry out; (viii) an explanation as to why there is "an urgent necessity" to carry out these works, i.e. why Article 63 (1) - (8) is not appropriate; (ix) details of any other agencies involved e.g. the PSNI, Local Council, etc; (x) confirmation that the action proposed by the Executive has been approved by the Executive's Board, and if so, the signatory to the Board Paper and confirmation that it contains items (ii) to (ix) above. DOSSIER OF CONTROLS DoC 19 (2015) TITLE: NI HOUSING EXECUTIVE RENTS BACKGROUND: Rent Scheme - The setting of individual rents shall be the responsibility of NIHE within the terms of the approved rent scheme. The level of collectable income derived from rents shall be in accordance with NIHE's approved budgets and shall be used fully in support of NIHE programmes. This currently states revenue programmes but should be widened to allow for capital spend etc. Rent Increase – NIHE review rents annually. GOVERNING LEGISLATION/GUIDANCE: Rent Scheme – Under Article 17 of the Housing (Northern Ireland) Order 1981, (the 1981 Order), the Northern Ireland Housing Executive (NIHE) shall submit to the Department for Social Development (DSD), for approval, a scheme for determining the rent to be charged by NIHE for any housing accommodation provided by it. This is also referenced in paragraph 30 of the Management Statement and Financial Memorandum (MSFM). The NIHE shall comply with the scheme once approved by DSD and shall also seek DSD’s approval should it wish to amend or replace such a scheme. Rent Scheme – The requirement for approval of NIHE income and expenditure is covered under article 19 of the Housing (NI) Order 1981. This includes rental income. APPROVAL PROCEDURE: Rent Scheme - Where NIHE wishes to either introduce a new rent scheme or amend an existing approved scheme it shall make a submission to DSD under Article 17(4) of the 1981 Order seeking its prior approval and setting out the full details of the new scheme/amendments including the reasons for them and the anticipated effect of their implementation. Rent Increase – NIHE shall submit an annual submission for approval by DSD. The Minister has responsibility for making a decision on the rent increase recommended by NIHE. MONITORING PROCEDURE: Rent Increase – NIHE shall provide DSD with a monthly return outlining the NIHE income and expenditure. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Governance Housing Group - Finance DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.30 – SUPERSEDED BY DoC 19 (2015) NI HOUSING EXECUTIVE RENTS 1.0 STATUTORY PROVISION 1.1 Under Article 17 of the Housing (Northern Ireland) Order 1981, (the 1981 Order), the Northern Ireland Housing Executive, (NIHE), shall submit to the Department for Social Development (DSD), for approval a scheme for determining the rent to be charged by NIHE for any housing accommodation provided by it. The NIHE shall comply with the scheme once approved by DSD and shall also seek DSD’s approval should it wish to amend or replace such a scheme. (See paragraph 4.1); 2.0 APPROVED BUDGETS 2.1 The level of collectable income derived from rents shall be in accordance with NIHE's approved budgets and shall be used fully in support of NIHE's revenue programmes. 3.0 GENERAL GUIDELINES AND PROCEDURES 3.1 RENT SCHEME 3.1.1 The Rent Scheme approved by DSD on 20 August 1984 under Article 17(2) of the 1981 Order and subsequently amended is set out in Annex I of this Control Document. 3.1.2 The setting of individual rents shall be the responsibility of NIHE within the terms of the approved rent scheme as amended and this Control Document. 3.1.3 The rents of dwellings exempted from the points assessment scheme shall be assessed in the manner approved by DSD as reflected in NIHE's internal procedures . 3.2 LEVEL OF RENTAL CHARGES (DWELLINGS AND GARAGES) 3.2.1 The level of rental charges shall be proposed annually by NIHE in the submission of its estimates of income and expenditure to DSD for formal approval. 3.2.2 Where rents are to be increased NIHE shall give its tenants the statutory period of notice required under Article 26 of the 1981 Order. 3.3 HOUSING BENEFITS 3.3.1 Under section 126(3)(a) of the Social Security Administration (NI) Act 1992 (c.8) NIHE may assist its own tenants, private tenants and tenants of registered housing associations with their housing costs. Any expenditure incurred by NIHE in making payments of housing benefits shall be in accordance with the provisions of the Social Security Administration (NI) Act 1992 (c.8), the Housing Benefit (General) Regulations 3.3.2 (NI) 1987, the Housing Benefit (Decisions and Appeals) Regulations 2001, and the relevant internal procedures of the NIHE. Under sections 127 and 128 of the Social Security Administration (NI) Act 1992 (c.8) DSD may pay a grant to NIHE in each financial year towards the expenditure incurred by NIHE on the Housing Benefits Scheme in that year. 3.4 LETTINGS TO OUTSIDE BODIES 3.4.1 Under Article 23 of the 1981 Order NIHE may let houses to a Government Department, or a public authority or body, or a charitable or benevolent association, society or body of persons. It may also let a house to any local or other body or persons for any purpose beneficial to the residents of the area in which the house to be let is situated. 3.4.2 The rent of dwellings let to a Statutory Agency for the purposes of providing housing accommodation shall be assessed at either the "economic" or "points based" rent, whichever is the greater. Economic rent shall be based on the annual loan charges arising from the capital cost incurred in providing the dwelling plus the annual ongoing management and repair costs. 3.4.3 The rent of dwellings let to a Voluntary or Statutory Agency for purposes other than housing accommodation, which may be beneficial to the residents of the area in which the house to be let is situated, shall be assessed either on the basis of an economic rent, a rent based on the points scheme or at a nominal rent, at the discretion of the NIHE. 3.5 EQUITY SHARING PROPERTIES 3.5.1 The rent of an equity sharing property shall be assessed on the points based system less a proportion allocated for maintenance repairs and insurance, for which the occupant is responsible. The resulting amount shall then be adjusted to reflect the portion of the dwelling actually rented by the occupant. 3.6 TENANT FINANCED IMPROVEMENTS 3.6.1 Where a tenant carries out and pays for an improvement to a dwelling with NIHE's consent, no resulting increase in rental charges shall be levied until the tenancy terminates at which time the new tenant shall be charged the full appropriate rent. 3.6.2 Should the improvement result in a rent decrease (e.g. by combining a living room and dining room into a living room-dinette) the tenant should be given the benefit of the rent decrease. 3.7 RENTAL CHARGES FOR VACANT DWELLINGS (VOIDS) 3.7.1 The NIHE shall include a provision for "voids" in its annual budgets for any of its vacant dwellings which are likely to be occupied in the future. The void charged should be equivalent to the rental charge. 3.7.2 Where a dwelling is closed pending demolition or is severely damaged and unlettable the NIHE shall raise a "nil rent" against the property instead of a void charge. 3.8 GARAGE RENT 3.8.1 The rent of NIHE garages within the curtilage of a dwelling shall be assessed in accordance with the Rent Scheme - points system. Garages outside the curtilage of a dwelling shall attract a market rent to be determined by NIHE. 3.9 COMMERCIAL PROPERTY RENT 3.9.1 Rents of Commercial Property in NIHE's Purpose Built Portfolio which fall to be reviewed at either the Rent Review or Renewal or lease stage will be negotiated and agreed by suitably qualified Chartered Surveyors. All agreed rents will be subject to the approval of NIHE Board. 3.10 GENERAL 3.10.1 The relevant internal procedures relating to the rents of NIHE property shall be adhered to by NIHE in all cases. 4.0 APPROVAL PROCEDURES 4.1 Where NIHE wishes to either introduce a new rent scheme or amend an existing approved scheme it shall make a submission to DSD under Article 17(4) of the 1981 Order seeking its prior approval and setting out the full details of the new scheme/amendments including the reasons for them and the anticipated effect of their implementation. 4.2 Where DSD’s approval is required NIHE shall not enter into commitments of any kind unless and until that approval is obtained. NIHE DWELLLINGS EXEMPTED FROM RENT INCREASES UNDER RENT SCHEME APPROVED UNDER ARTICLE 17(2) OF THE HOUSING (NI) ORDER 1981 Category Conditions Dwellings in Redevelopment Areas and Urban Renewal Areas (RDA's/URA's) The rent for all dwellings tenanted or owner occupied at the date of vesting is determined under the NIHE's Rent Assessment Scheme and then restricted to one third of this charge, unless this is higher than the amount which a previous private landlord could lawfully charge when the rent must be reduced accordingly. Date of Approval 12 February 1985 Dwellings in RDAs subject to short life as yardstick. Rents to be applied using approved Rent Scheme. Actual 25 July rents to be calculated at 331/3 of the amount assessed for 1986 full rehabilitation standard dwelling. Houses with outside WC qualify for further 50p reduction. The revised rents shall not be subject to an annual increase Unimproved or Unimproved or partially improved means the maximum 12 February partially improved facilities available are electricity, a cold water supply to a 1996 dwellings In rural sink and an external WC. areas ie A rent freeze may also be applied to the following dwelling Labourers’ categories from the date of the NIHE's decision not to Cottages, Ulster improve but to dispose of once vacated and in the meantime Cottages, Arcons to provide only a restricted and Orlits maintenance service:i. partially improved labourers cottages with hot and cold water and inside WC; ii. partially improved labourers cottages as in (i) plus electricity; iii. partially improved labourers cottages with hot and cold water and bathroom. Unimproved dwellings in Housing Action Areas (HAAs) Purpose built dwellings where approval has been approval has been given to demolish Rents fixed at level paid at date of declaration of HAA and remain in force until dwellings improved 12 February 1985 The exemption of this category of dwelling from rent increase envisages the early demolition of the properties. Rent freeze given to apply from date of board decision to demolish. 12 February 1985 A rent freeze may be applied retrospectively from the date of the Board's decision to demolish certain 'Orlit' dwellings. 19February 1985 Where 'Orlit' dwellings are not to be improved or replaced 20 February but are instead to be demolished or disposed of and in the interim Aluminium bungalows where approval has been given to demolish a restricted maintenance service is to be introduced, the rent freeze may be applied from the date of the Board's decision to restrict the maintenance service subject to detailed consultation with the tenants concerned. Any decision to carry out maintenance beyond emergency or wind/weather-proofing repairs on Orlits scheduled for demolition should be based firmly on value for money principles. 1985 & 10 June 1987 Where 'Orlit' dwellings are to be replaced and a restricted maintenance service is to apply, the rents may be held at or returned to March 1985 levels whether the decision of the Board has been taken before that date or at some later date during 1985/86 10 May 1985 Rent freeze may apply from the date of a Board decision to clear a site for redevelopment. 12 February 1985 APPROVED RENT SCHEME HOUSE TYPE Detached (House, Bungalow, Rural Cottage) Semi-Detached (House, Bungalow, Rural Cottage) Terraced (House, Bungalow, Rural Cottage) FlatlMaisonette - 2 storeys or less Flat/Maisonette - 3 storeys or more Sheltered Flat Sheltered Bungalow POINTS 12 9 8 5 2 2 3 SIZE/NUMBER OF ROOMS Bathroom with WC Separate Bathroom Internal WC separate from Bathroom Living Room Living Room/Dinette Dining Room Double Bedroom Single Bedroom Bedsitter Kitchen Kitchen/Dinette 3 2 2 3 4 2 3 2 3 3 4 COMMUNAL FACILITIES 1 Person Sheltered Dwelling 2 Person Sheltered Dwelling 3 or more Person Sheltered Dwelling 2 4 6 AGE Pre-1945 Fully Rehabilitated 1945-1955 Fully Rehabilitated 1956-1965 Fully Rehabilitated 1966-1975 Post-1975 1 3 3 4 5 6 7 9 ACCESS SHARED Gallery or Gallery/Scissor without control Gallery or Gallery/Scissor, controlled Communal without control Communal, controlled -7 -5 -2 0 INDEPENDENT Gallery or Gallery/Scissor Blocks Other -5 0 GARAGE A garage within the curtilage of a dwelling 7 ABSENCE OF AMENITIES No Hot or Cold Water Supply whatsoever Outside Pump and Standpipe only No Hot Water Source No Mains Electricity Dwelling not served by mains sewer or septic tank -7 -3 -7 -7 -7 HEATING WHOLE HOUSE HEATING 1 or 2 Bedspace Dwelling 3 or more Bedspace Dwelling 5 or more Bedspace Dwelling 2 4 6 PART HOUSE HEATING 1 or 2 Bedspace Dwelling 3 or 4 Bedspace Dwelling 5 or more Bedspace Dwelling Individually Controlled Heating Communal Heating (eg, District Heating) 1 2 4 1 0 ADAPTATIONS FOR DISABLED PEOPLE Additional facilities provided specifically for a disabled sitting tenant shall not attract a rent increase. NOTE 1:1.1 Whole House Heating is defined as heating the entire house by: Hot water radiators from district heating or group heating schemes, from a solid fuel open fire with a high output back boiler or solid fuel room heater with a high output boiler. (Only in special approved circumstances will free standing boilers be considered). A combination of hot water radiators and electric back-up heating bedrooms. Electric heating by various fixed appliances. 1.2 Whole house heating means that the whole house can be heated and a constant room temperature guaranteed without the necessity of supplementary heat sources, i.e. heat emitter points in each room. This includes dwellings where more than one fuel type is used. If either the bathroom or hall does not have a heat source the system should still be classed as whole house heating. 1.3 Part House Heating is defined as follows: The simultaneous heating of some of the spaces in a dwelling (inclusive of domestic hot water) so as to maintain specified temperatures, based upon calculated heat losses. No heating source or appliance is provided in any of the remaining rooms other than electric socket outlets. NOTE 2:2.1 Controlled access will provide a minimum requirement for an audio or audio/visual system or for security personnel to be employed. DOSSIER OF CONTROLS DoC 20 (2015) TITLE: SUPPORTING PEOPLE BACKGROUND: NIHE shall ensure the operational delivery of the administration of the Supporting People Programme, adhering to the relevant legislation, departmental guidance or policy. The budget is provided by DSD. GOVERNING LEGISLATION/GUIDANCE: The Housing Support Services (2002 order) (Commencement) Order (Northern Ireland) 2003. The Housing Support Services Regulations (Northern Ireland) 2003 which contain the provisions relating to certain housing support services. APPROVAL PROCEDURE: None MONITORING PROCEDURE: The Department’s role is to monitor performance against the PSA target to assist at least 17,000 people per year to live as independently as possible. NIHE are required to report on progress against this target in line with the Department’s Oversight Arrangements Framework. Those reporting arrangements are supported by a bi-monthly NIHE/DSD Supporting People Delivery Group. RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Supporting People. DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 Control Document No.31 – SUPERSEDED BY DoC 20 (2015) SUPPORTING PEOPLE 1.0 STATUTORY PROVISIONS 1.1 The Statutory Provisions governing the function of securing the provision of housing support services to individuals with particular needs, and empowering the Northern Ireland Housing Executive to pay grants to eligible persons towards expenditure incurred by them in providing certain housing support services are detailed in The Housing Support Services (Northern Ireland) Order 2002 1.2 This Article amends section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to exclude payments in respect of housing support services from the charges that are eligible for financial support through housing benefit 1.3 In support of the 2002 Order, the Department has made the following regulations on foot of the powers (specified below) of that Order: i. The Housing Support Services (2002 Order) (Commencement) Order (Northern Ireland) 2003 which brought the 2002 Order into operation. ii. The Housing Support Services Regulations (Northern Ireland) 2003 which contain the provisions relating to the provision of certain housing support services. 2.0 OPERATIVE OR EFFECTIVE DATE 2.1 The terms of this control document supersede those, which were laid down in the draft Control Dossier 31 issued 12 January 2004. The effective date of this revised version of the control document is immediate. 3.0 THE DEPARTMENT’S ROLE 3.1 The Department shall be responsible for legislation and for basic policy. In addition it will give general advice and guidance to the NIHE when appropriate. 3.2 The Departments policy and general guidance shall be compiled following consultation with the NIHE, and with the intention of giving maximum discretion to the NIHE to administer the fund. 3.3 The Department approves the budget for grant and administrative costs and reviews expenditure on a regular basis, as detailed in the Management Statement and Financial Memorandum. 4.0 THE NORTHERN IRELAND HOUSING EXECUTIVE’S ROLE 4.1 The Northern Ireland Housing Executive shall ensure that operational policy and administration of the supporting people fund does not contravene the 2002 Order and associated Regulations or any policy stated by the Department 4.2 Where in the Northern Ireland Housing Executive’s opinion a situation is not covered by any guidance or policy it shall make a comprehensive submission on the matter to the Department to trigger consultation and revision to guidance if appropriate 4.3 The Northern Ireland Housing Executive must be in a position to demonstrate the effectiveness of the administration of the fund. It is essential, therefore, that the Northern Ireland Housing Executive develops and maintains a system which: i ensures that its staff are kept fully informed of current policy procedures; ii provides the Department with regular information about the administrative procedures/systems in place, being proposed or introduced; and iii provides the Department with a copy of Board Approval for all Supporting People schemes at the beginning of each financial year. This will be followed up with details of any significant contract changes in year (including increases, additions or deletions) valued at £50k or more. NOTE: There should be liaison between the Department and the Northern Ireland Housing Executive to ensure that the information and communication system satisfies the needs of all concerned. 4.4 The Northern Ireland Housing Executive must develop/maintain a system of financial planning and control which provides accurate, up to date information to monitor expenditure versus approved budget. DOSSIER OF CONTROLS DoC 21 (2015) TITLE: AFFORDABLE WARMTH SCHEME BACKGROUND: The Department has responsibility for the Fuel Poverty Strategy and NIHE are the Home Energy Conservation Authority for N.I. Under the Affordable Warmth Scheme NIHE, through its network of grant offices, will deliver funding to eligible householders to improve the energy efficiency of owner- occupied and privately rented homes. GOVERNING LEGISLATION/GUIDANCE: This scheme requires the laying of new domestic efficiency grants regulations and this is presently being taken forward APPROVAL PROCEDURE: The Department does not have a role in the approval process MONITORING PROCEDURE: NIHE will submit a monthly return to the Department and attend monthly meetings with the Department RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Fuel Poverty DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015 DOSSIER OF CONTROLS DoC 22 (2015) TITLE: BOILER REPLACEMENT SCHEME BACKGROUND: In September 2012 the Department introduced a boiler replacement scheme to provide grant funding for eligible households to assist them in replacing old inefficient boilers with newer, more energy efficient ones. GOVERNING LEGISLATION/GUIDANCE: The Domestic Energy Efficiency Grants (Amendment) Regulations (Northern Ireland) 2014. APPROVAL PROCEDURE: The Department does not have a role in the approval process MONITORING PROCEDURE: NIHE provides the Department with a monthly return which provides statistical information RESPONSIBLE BUSINESS AREA(S) (DSD): Housing Group - Fuel Poverty DATE OF LAST REVISION TO CONTROL DOCUMENT: June 2015