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The Housing Benefit (Social Security Act 1986 Modifications) (Scotland) Regulations 1988

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Modification of section 28 of the Act

4.  Section 28 of the Act (arrangements for housing benefits) shall be modified as follows—

(a)in subsection (1) after paragraph (a) there shall be inserted—

(aa)is to be in the form of a community charge rebate funded and administered by the appropriate levying authority, if it is in respect of payments by way of personal community charges or collective community charge contributions;;

(b)after subsection (2) there shall be inserted—

(2A) Regulations as to housing benefit in the form of a community charge rebate may make in respect of such benefit as regards any case where a person is a member of a married or unmarried couple, or a party to a polygamous marriage, throughout a particular day provision corresponding, with or without modifications, to that which might be made in respect of a community charge benefit by virtue of section 22A or 22B(1) above..

(c)after subsection (3) there shall be inserted—

(3A) For the purposes of this section as it applies to community charge rebates the appropriate levying authority—

(a)in relation to a payment by way of personal community charge is the levying authority to which that payment is made; and

(b)in relation to a payment by way of collective community charge contributions is the levying authority in whose area are situated the premises in respect of residence in which for a contribution period that payment is made.;

(d)after subsection (10) there shall be inserted—

(11) In this section a polygamous marriage means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy..


Sections 22A and 22B were inserted by the Local Government Finance Act 1988, Schedule 10, Paragraph 5.

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