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The Welfare Reform Act 2007 (Commencement No.4, and Savings and Transitional Provisions) Order 2007

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Transitional provisions and savings in relation to section 130(4) of the Contributions and Benefits Act and extended payments

4.  (1)  Notwithstanding article 2, regulations 72 and 73 of, and Schedules 7 and 8 to, the Regulations, and regulation 53 of, and Schedule 7 to, the Housing Benefit (State Pension Credit) Regulations shall continue to have effect in relation to the period ending on 6th October 2008 or such later date as is provided by paragraphs (2) or (3).

(2) Where an extended payment award is determined before 6th October 2008 and the extended payment period will end after that date, the date shall be the end of that extended payment period.

(3) Where a claim for an extended payment is made or treated as made on a date before 6th October 2008 but the extended payment award was not determined by that date, the date shall be the end of that extended payment period.

(4) In this Article—

“extended payment” means a payment of housing benefit pursuant to—

(a)

regulation 72 of the Regulations (extended payments);

(b)

regulation 73 of the Regulations (extended payments (severe disablement allowance and incapacity benefit)); or

(c)

regulation 53 of the Housing Benefit (State Pension Credit) Regulations (extended payments severe disablement allowance and incapacity benefit),

where the date on which the claimant ceased to be entitled to housing benefit in accordance with regulation 77 or 78 of the Regulations or regulation 58 of the Housing Benefit (State Pension Credit) Regulations was before 6th October 2008; and

“extended payment period” means the period during which a person is entitled to housing benefit in accordance with regulation 72(6) or 73(6) of the Regulations or regulation 53(6) of the Housing Benefit (State Pension Credit) Regulations.

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