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Link to original content: http://www.legislation.gov.uk/id/uksi/1995/1644/regulation/9/3
The Housing Benefit (General) Amendment Regulations 1995

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The Housing Benefit (General) Amendment Regulations 1995

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Amendment of Schedule 1A to the Principal Regulations

9.—(1) Schedule 1A to the Principal Regulations shall be amended in accordance with the following paragraphs.

(2) For paragraph 3 there shall be substituted—

3.(1) This paragraph applies where the landlord is a registered housing association, none of the other paragraphs of this Schedule apply, and the local authority consider that either

(a)the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or

(b)the rent payable for that dwelling is unreasonably high.

(2) Where this paragraph applies, the authority shall state in the application for a determination that the circumstances set out in sub-paragraph (1) above exist..

(3) In paragraph 12(1) there shall be added, at the end, the phrase—

and, in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 12A(1)(c), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling..

(1)

Paragraph 12 was amended by S.I. 1990/1775 and 1993/1249.

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