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

Transitional provision for rent officer referrals

27.—(1) If, on 5th April 2004, more than 52 weeks have elapsed since the relevant authority last made an application in relation to a claimant's, or his partner's, claim for or award of, housing benefit for a determination in accordance with regulation 12A(1) of the Housing Benefit Regulations (requirement to refer to rent officers), the relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions as soon as is practicable after 5th April 2004.

(2) Any application made under paragraph (1) above shall be subject to regulation 12A(1A) and (7A) of the Housing Benefit Regulations.

(3) An appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraph (1) applies.

(4) Where an appropriate relevant authority makes a decision under paragraph (3), which adopts the determination made in consequence of the application made under paragraph (1), the decision shall take effect—

(a) in a case where the amount of the determination has increased or remains unchanged, on 5th April 2004; or

(b) in a case where the amount of the determination has decreased, the first day of the benefit week following the date on which that determination was received by a relevant authority.