10Application of additional sum in certain cases

10 Application of additional sum in certain cases

(1)  Where the Treasurer is satisfied, on a recommendation made to him by the committee, that, in relation to any additional sum to which an owner has or may become entitled in respect of the acquisition of any land under this Act –

(a) any dwelling-house that was erected on that land was used as a dwelling by the owner or his spouse;

(b) it is just and reasonable that the additional sum should be applied in the provision of accommodation for a person referred to in paragraph (a) of this subsection (in this section referred to as "the selected person"); and

(c) it is reasonable to expect that, if the additional sum is paid to the person who would otherwise be entitled to receive payment thereof, it will not or may not be applied in the provision of accommodation that will be reasonably available for the use of the selected person as a dwelling –

the Treasurer may make a direction under this section requiring the additional sum to be applied in the provision of accommodation for the selected person, and such a direction is referred to in this section as a direction in respect of that additional sum made in favour of that person.

(2)  A direction made under this section may be revoked by the Treasurer on the recommendation of the committee, but the revocation of such a direction does not prejudice or affect anything done thereunder or prevent the making of a further direction under this section.

(3)  Before making a recommendation to the Treasurer under this section with respect to an additional sum the committee shall serve notice on the owner, and, if the recommendation is for the revocation of a direction under this section, on the selected person in whose favour the direction was made, specifying the recommendation that it is intended to make and shall consider any representations that may be made to the committee by a person upon which such a notice is served within one month of the service thereof.

(4)  A direction may be made under this section in respect of an additional sum, notwithstanding that the entitlement to that additional sum has not been admitted or established or that the amount of that additional sum has not been determined.

(5)  A direction under this section may specify the additional sum to which it relates by reference to the owner who apart from this section has or may become entitled to that sum or to the estate or interest in respect of which the entitlement to the additional sum has arisen or may arise.