The Housing Benefit (General) Amendment Regulations 1996

Saving provision for payment of benefit

11.—(1) Regulations 6 and 7 of these Regulations shall not apply to a claimant who—

(a) was entitled to and in receipt of housing benefit on account of his liability to make payments in respect of a dwelling, which he occupied or was treated as occupying as his home, on the relevant date; and

(b) continues to be entitled and in receipt of housing benefit on account of his liability in respect of such occupation of that dwelling.

(2) In a case to which paragraph (1) above applies, payment of housing benefit shall continue to be made to such a claimant in accordance with regulations 88 and 90 of the principal Regulations, as in force on the relevant date.

(3) In this regulation “claimant” shall be taken to include the deceased partner of a claimant in any case where a claim is made by the surviving partner within 4 weeks of the death, provided—

(a) this regulation applied to that deceased partner on the day of his death; or

(b) that death occurred on or after 30th September 1996 and this regulation would have applied to the deceased partner had he died after the relevant date.