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12.—(1) Regulation 96 of the 1987 Regulations (payment on death of the person entitled) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) there shall be inserted at the beginning the words “Subject to paragraphs (3) and (5)” and after the words “entitled to an allowance” there shall be inserted the words “, including any payment withheld under regulation 95(1) or (2),”.
(3) In paragraph (3) for the words “A payment under paragraph (1) may not be made unless” there shall be substituted the words “A payment under paragraph (1) or (5) shall not be made unless the landlord,”.
(4) After paragraph (4) there shall be added the following paragraph—
“(5) Subject to paragraph (3), where the appropriate authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance was payable to his landlord in accordance with regulation 93(1) or 94, that authority shall pay to that landlord so much of that allowance as does not exceed the amount of rent outstanding at the date of the person’s death.”.
Regulation 93 was amended by S.I. 1990/546, Schedule 2, Part II.
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