The Housing Benefit (General) Amendment Regulations 1995

Amendment of Schedule 1A to the Principal Regulations

9.—(1) Schedule 1A to the Principal Regulations shall be amended in accordance with the following paragraphs.

(2) For paragraph 3 there shall be substituted—

“3.— (1) This paragraph applies where the landlord is a registered housing association, none of the other paragraphs of this Schedule apply, and the local authority consider that either

(a) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or

(b) the rent payable for that dwelling is unreasonably high.

(2) Where this paragraph applies, the authority shall state in the application for a determination that the circumstances set out in sub-paragraph (1) above exist.”.

(3) In paragraph 12(1) there shall be added, at the end, the phrase—

“and, in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 12A(1)(c), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.”.

(1)

Paragraph 12 was amended by S.I. 1990/1775 and 1993/1249.