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The Housing Benefit (General) Amendment No. 2 Regulations 1989

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Amendment of regulation 12 of the General Regulations

3.  In regulation 12 of the General Regulations (restrictions on rent increases)–

(a)at the beginning there shall be inserted the words “Subject to paragraph (2),”; and after the words “if it considers” there shall be inserted the words “, whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 121 of the Housing Act 1988 or, as the case may be, section 70 of the Housing (Scotland) Act 1988, or otherwise,”;

(b)at the end of that regulation there shall be added the following paragraphs–

(2) No deduction shall be made under this regulation for a period of 12 months from the date of death of any person to whom paragraph (7) of regulation 11 (restrictions on unreasonable payments) applied or, had a claim been made, would have applied, if the dwelling which the claimant occupies is the same as that occupied by him at that date except where the deduction began before the death occurred.

(3) For the purposes of paragraph (2), a claimant shall be treated as occupying the dwelling if paragraph (8) of regulation 5 (circumstances in which a person is to be treated as occupying a dwelling) is satisfied and for that purpose sub-paragraph (b) of that paragraph shall be treated as if it were omitted..

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