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26.—(1) The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008(1) are amended as follows.
(2) In regulation 6(a) (which modifies Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations 1996 in relation to certain claimants who are entitled to a relevant benefit on 4th January 2009), after paragraph 4A(3) in the modifications to Schedule 2 insert—
“(4) In determining whether the exemption provided for in sub-paragraph (3) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.
(3) In regulation 11(b) (which modifies Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations 1996 in relation to certain claimants who are entitled to a relevant benefit after 4th January 2009), in paragraph 4A of the modifications to Schedule 2—
(a)in sub-paragraph (2) for “(6)” substitute “(7)”; and
(b)after sub-paragraph (6) insert–
“(7) In determining whether the exemption provided for in sub-paragraph (6) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.
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