Legislation – The Financial Assistance (Coronavirus) (Soft Play Businesses) Regulations (Northern Ireland) 2021
Which version?
Latest available (Revised)
Original (As enacted)
SCHEDULEThe Coronavirus Financial Assistance (Soft Play Businesses) Scheme 2021
Citation and interpretation
1.
This Scheme may be cited as the Coronavirus Financial Assistance (Industrial Business) Scheme 2021 and applies in respect of the financial year ending on 31st March 2021.
2.
In this Scheme:—
“application” means an application under paragraph 3;
“Department” means the Department of Finance;
“financial assistance” means financial assistance provided in accordance with this scheme;
“hereditament” means a hereditament as defined by Article 2(2) of the Rates Order;
“higher rate” will be a payment of £1,600 for any 7 day period within a qualifying period, and a single payment of £229 for each day, within any period of less than 7 days, that may follow such a 7 day period;
“lower rate” will be a payment of £800 for any 7 day period within a qualifying period, and a single payment of £114 for each day, within any period of less than 7 days, that may follow such a 7 day period;
“net annual value” means a net annual value as defined by Article 2(2) of the Rates Order;
“occupier” means a person who carries on a soft play business in a restricted hereditament;
“qualifying period” means the period beginning on 3rd July 2020 and ending on 13th September 2020;
“restricted hereditament” means a hereditament within which an occupier carries on a soft play business;
“soft play business” means a business wholly or mainly used for the purposes of the provision of soft play facilities;
“standard rate” will be a payment of £1,200 for any 7 day period within a qualifying period, and a single payment of £171 for each day, within any period of less than 7 days, that may follow such a 7 day period;
Eligibility
3.
(1)
No award shall be granted except on an application made to the Department, and any such application shall contain information and be provided in the format that the Department has requested.
(2)
4.
A person is eligible under paragraph 3 for financial assistance payable at the lower rate if, during the qualifying period, they were the occupier of a restricted hereditament whose net annual value does not exceed £15,000.
5.
A person is eligible under paragraph 3 for financial assistance at the standard rate if, during the qualifying period, they were the occupier of a restricted hereditament whose net annual value exceeds £15,000 but does not exceed £51,000.
6.
A person is eligible under paragraph 3 for financial assistance at the higher rate if during the qualifying period they were the occupier of a restricted hereditament whose net annual value exceeds £51,000.
7.
(1)
Paragraphs 4,5 and 6 shall not apply–
(a)
where the occupier has not been provided with support under the Rates (Coronavirus) (Emergency Relief) (No. 2) Regulations (Northern Ireland) 2020;
(b)
where the occupier is a Northern Ireland department or a Minister of the Crown or any officer or body exercising functions on behalf of the Crown;
(c)
where the occupier is a body established by or under a statutory provision or by a statutory undertaker;
(d)
(e)
(f)
in respect of any hereditament, where the person entitled to possession of that hereditament is so entitled in the capacity of liquidator by virtue of an order made under Article 98 or Article 123 of the Insolvency Order;
(g)
in respect of any hereditament where there subsists in respect of the estate of the person entitled to possession of that hereditament, a bankruptcy order within the meaning of Parts I and VIII to X of the Insolvency Order;
(h)
in respect of any hereditament where the person entitled to possession of that hereditament is—
(i)
(ii)
a company which is subject to a winding-up order made under the Insolvency Order or which is being wound up voluntarily under that Order.
Information
8.
(1)
In addition to any application, the Department may use information obtained for the purposes of the Rates Order, or provided by a district council for the purposes of these Regulations, in determining whether a person is eligible for Coronavirus Financial Assistance (Soft Play Businesses) support.
(2)
The Department may request and obtain information held by a district council for the purposes of determining whether a person is eligible for Coronavirus Financial Assistance (Soft Play Businesses) support.
(3)
The Department may share information in relation to eligibility for Coronavirus Financial Assistance (Soft Play Businesses) support with another Northern Ireland department.
Award of Financial Assistance under this scheme
9.
(1)
Where the Department is satisfied that the person eligible under paragraph 3 is eligible for the purposes of paragraphs 4, 5 or 6, it shall award Coronavirus Financial Assistance (Soft Play Businesses) support in accordance with this Scheme.
(2)
A person to whom sub-paragraph (1) applies may choose to forgo any award under this Scheme by providing written notification to the Department.
Discontinuance of award
10.
Where the Department is no longer satisfied that an award made in accordance with paragraph 9 is properly payable, payment shall be suspended while the matter is investigated, and shall be discontinued thereafter unless the Department is satisfied that the occupier is eligible for the assistance applied for.
Recovery
11.
(1)
Any amount of award made in accordance with paragraph 9, and which is subsequently found to have been paid contrary to that paragraph, shall be recoverable by the Department from any person to whom such an award was made.
(2)
For the purposes of sub-paragraph (1), the Department may recover an amount as an offset against any previous award of Covid-19 financial assistance.