The Housing Benefit (General) Amendment Regulations 1993

Amendment of Schedule 1A to the 1987 Regulations

12.  In paragraph 2 of Schedule 1A to the 1987 Regulations (excluded tenancies)(1)—

(a) in sub-paragraph (1) for the words “(2) and (3)” there shall be substituted the words “(2) to (5)”;

(b) after sub-paragraph (3) there shall be added the following sub-paragraphs—

“(4) Except where the appropriate local authority has previously applied to a rent officer pursuant to this sub-paragraph in respect of the tenancy, sub-paragraph (1) shall not apply where—

(a) subsequent to the making of the determination mentioned in that sub-paragraph there has been a rent increase in respect of the tenancy during the period beginning on 1st April 1993 and ending on 31st March 1994; and

(b) at the date of that increase the claimant was not liable to pay council tax by virtue of regulations made under section 8 of the Local Government Finance Act 1992 (liability to council tax in prescribed cases)(2); and

(c) the rent increase does not come within head (c) of sub-paragraph (3).

(5) In sub-paragraph (1) “determination” does not include a determination made as a result of an application to a rent officer pursuant to sub-paragraph (4).”.

(1)

Schedule 1A was inserted by S.I. 1990/546. Relevant amending instrument is S.I. 1991/235.

(2)

1992 c. 14.