The Housing Benefit (General) Amendment Regulations 1995

Amendment of regulation 79 of the Principal Regulations

8.—(1) Regulation 79 of the Principal Regulations (review of determinations)(1)shall be amended in accordance with the following paragraphs.

(2) In paragraph (3)(b) for the words “or (2)” there shall be substituted the words “(2) or (5B)(b)”.

(3) After paragraph (4) there shall be inserted a new paragraph (4A)—

“(4A) Where paragraph (3) applies and the representations referred to in that paragraph relate, in whole or in part, to a rent officer’s determination or redetermination in exercise of the Housing Act functions, the authority shall, within 7 days of receiving those representations, request the rent officer to make a redetermination or, as the case may be, a further redetermination in exercise of those functions and

(a) a copy of those representations shall accompany the local authority’s request; and

(b) the period of 14 days referred to in paragraph (2) shall not begin to run until the authority has received a redetermination in response to that request.”.

(4) After paragraph (5A)(2) there shall be inserted a new paragraph (5B)—

“(5B) Where a determination has been revised in consequence of a redetermination by a rent officer in exercise of the Housing Act functions and that redetermination has led to—

(a) a reduction in the maximum rent, the redetermination shall be a change of circumstance;

(b) an increase in the maximum rent, the redetermination shall have effect in place of the original determination.”.

(1)

Relevant amendments are S.I. 1990/1549 and 1992/432.

(2)

Paragraph (5A) was added by S.I. 1990/1549.