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The Housing Benefit (General) Amendment Regulations 1995

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Transitional Provisions

11.—(1) Subject to the following provisions of this regulation, in any case where, pursuant to the provisions of either—

(a)paragraph 2 of Schedule 1A (excluded tenancies) to the Principal Regulations; or

(b)regulation 12A(2)(a) of the Principal Regulations (requirement to refer to rent officers),

an application to a rent officer for a determination in exercise of the Housing Act functions is not required, an authority shall nonetheless apply to a rent officer for such a determination.

(2) Paragraph (1) shall not apply in a case where that application to a rent officer would be due to the receipt of a claim for a rent allowance from a person to whom regulation 10 (saving provision) applies.

(3) Paragraph (1) shall not apply in a case where the rent officer has already made a determination in the exercise of the Housing Act functions, pursuant to an application made under paragraph (1), in respect of that dwelling or of a dwelling in a hostel which is a similar dwelling to the dwelling in respect of which such an application to the rent officer would be made.

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