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SCHEDULE 10Revocations and Savings

Part II

Housing Payments

Variation and termination of replacement allowances

8.—(1) Subject to sub-paragraph (2), in circumstances in which—

(a)a housing allowance or transitional rent allowance payable as mentioned in paragraph 3(2) or 5(2), or

(b)any of the housing emoluments mentioned in paragraphs 4(1), 6(1)(a) and 7

would, if the revoked provisions had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of a discontinuance would have been that no housing emoluments remained payable, terminated.

(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member’s being married to or sharing accommodation with another member appointed after 31st August 1994.

(3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 35A of the 1988 regulations (which provided for biennial adjustment of housing allowances) or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.