The Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) Amendment Regulations 2004

Amendment of Schedule 1A to the Housing Benefit Regulations

20.  In Schedule 1A(1) to the Housing Benefit Regulations (excluded tenancies)—

(a) for paragraph 2(2) there shall be substituted—

“(2) For the purposes of any claim, notification, request or application under regulation 12A(1) (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer’s determination made in consequence of an earlier claim, notification, request or application (“the earlier application”) where—

(a) the earlier and later applications were made in respect of the same claimant or different claimants; and

(b) the earlier application was made more than 52 weeks before the later application was made.”; and

(b) paragraphs 2(2A) and (3)(d) and 4 shall be omitted.

(1)

Schedule 1A was inserted by S.I. 1990/546; relevant amending instruments are S.I. 1991/235, 1992/432, 1993/317 and 1249, 1995/560 and 2868, 1996/965, 1997/852, 1998/563, 2001/487, 1324 and 1605, 2002/2322 and 2003/1338.