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Version Superseded: 06/03/2006
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4.—(1) The Housing Benefit (General) Regulations 1987(1) shall be amended in accordance with this Regulation.
(2) In regulations 34(1), 37 and 45(1) (capital treated as income, capital limit and calculation of tariff income from capital) for the figure “£8,000” there shall be substituted the figure “£16,000”.
(3) In regulation 65 (date on which entitlement is to commence)—
(a)in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (3)”;
(b)after paragraph (2) there shall be added the following paragraph—
“(3) Where a person’s claim is treated as made on a date determined in accordance with paragraph (17) of regulation 72, he shall be entitled to housing benefit from the benefit week in which the claim is treated as made.”.
(4) In regulation 72 (time and manner in which claims are to be made)—
(a)in paragraph (5) at the beginning there shall be inserted the words “Subject to paragraphs (11), (16) and (17),”;
(b)after paragraph (15) there shall be added the following paragraphs—
“(16) Where—
(a)on or after 1st April 1990 a claimant satisfies the capital condition in section 22(6) of the Act for housing benefit and he would not have satisified that condition had the amount prescribed under regulation 37 been £8,000; and
(b)a claim for that benefit is received from him at the appropriate DSS office or the designated office not later than 27th May 1990,
the claim shall be treated as made on the date determined in accordance with paragraph (17).
(17) For the purposes of paragraph (16), where—
(a)the claimant satisfies the other conditions of entitlement to housing benefit in the benefit week in which he satisfies the capital condition, the date shall be the date on which he satisified that condition;
(b)the claimant does not satisfy the other conditions of entitlement to housing benefit in the benefit week in which he satisfies the capital condition, the date shall be the first day of the benefit week in which he satisfies the conditions of entitlement to that benefit.”.
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