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The Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003

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Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

24.—(1) In regulation 7 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(1) (decisions superseding earlier decisions) there shall be inserted the following paragraph—

“(2A) An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which regulation 12A(1)(d) or (e) of the Housing Benefit Regulations (requirement to refer to rent officers) applies.”.

(2) In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (date from which a decision superseding an earlier decision takes effect) after paragraph (11) there shall be inserted the following paragraphs—

“(12) Except in a case where entitlement to housing benefit ceases, where a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by a relevant authority under regulation 12A(1)(d) or (e) of the Housing Benefit Regulations, any decision to which regulation 7(2A) applies which adopts that determination shall take effect from the first day following the last day of the period mentioned in regulation 12A(1)(d) or (e) of those Regulations.

(13) For the purposes of paragraph (12) “Housing Act functions” has the same meaning as in section 136(1) of the Administration Act.”.

(1)

2001/1002. Relevant amending instruments are S.I. 2002/490 and S.I. 2003/1050.

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