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1240/5(2071)
QUESTIONS TO BE ASKED OF THE PRESIDENT OF THE HOUSING COMMITTEE ON TUESDAY 16th MARCH 2004, BY DEPUTY G.P. SOUTHERN OF ST. HELIER
Question 1
Would the President inform members why the proposals in P.74/2003 relating to the cessation of rental subsidy for tenants with savings over £50,000 were not originally referred to the Law Officers in respect of the powers they gave to the Committee?
Answer
The rent subsidy schemes are not enshrined in law but operate under States' and Housing Committee policy. As it is States' policy which was changed by approval of P.74/2003 in July last year, the Committee saw no reason to refer the matter to the Law Officers.
The Committee has not referred to the Law Officers for an opinion on whether cessation of rent subsidy for tenants with savings over £50,000 is ultra vires. The Committee has recently sought the opinion of the Law Officers on a different matter relating to the rights of tenants who have assets of over £50,000, but who then dispose of a sufficient amount to bring those assets below that level, thus enabling themselves to claim eligibility for rental subsidy.
Question 2
Given that this matter is currently awaiting a legal opinion from the Law Officers on vires, will the Committee agree –
(a ) n ot to apply maximum rents to those affected until the ruling is delivered, or
(b ) to invest the rental income of those affected so that interest can be paid in the event of a negative
outcome?
Answer No.