22Transfer of provisional allocation on Secretary’s own initiative

22 Transfer of provisional allocation on Secretary’s own initiative

(1) The Secretary may, on the Secretary’s own initiative, transfer a provisional allocation for a rental dwelling to another person.

Note: A decision under this subsection is reviewable by the Administrative Review Tribunal (see section 71).

(2) However, the Secretary must not transfer the allocation unless the Secretary: (a) is satisfied that the dwelling is not actively rented under the Scheme; and (b) has notified the approved participant that holds the allocation of the Secretary’s intention to transfer the allocation under this section; and (c) has invited the approved participant that holds the allocation to give the Secretary a written submission in relation to the proposed transfer within 28 days; and (d) has taken into account any such submission given by the approved participant that holds the allocation; and (e) is satisfied that the other person: (i) is not a disqualified person; and (ii) has the capacity to properly manage the allocation; and (iii) is a suitable approved participant to hold the allocation; and (iv) has agreed, in writing, to the transfer. (3) If the Secretary transfers the allocation: (a) the Secretary must give written notice of the transfer to: (i) the original approved participant; and (ii) the gaining approved participant; and (b) the notice must state the day on which the transfer has effect, which must be the day the notice is prepared or a later day; and (c) the Secretary may impose additional special conditions on the allocation, so long as the gaining approved participant agrees to the imposition of those conditions before the allocation is transferred.