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The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulation 1995

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Amendment of regulation 35 of the Housing Benefit Regulations

5.—(1) Regulation 35 of the Housing Benefit Regulations(1) (notional income) shall be amended in accordance with the following provisions of this regulation.

(2) After paragraph (4) there shall be inserted the following paragraph—

“(4A) Where a claimant is in receipt of sickness benefit or invalidity pension up to and including 12th April 1995, the appropriate authority shall treat the claimant as possessing incapacity benefit—

(i)in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), from 1st April 1995 to 12th April 1995;

(ii)in any other case, from 3rd April 1995 to 12th April 1995,

at the rate at which incapacity benefit is payable to him from 13th April 1995.”.

(3) In paragraph (6), for the words “paragraphs (1) to (4)” there shall be substituted the words “paragraphs (1) to (4A)”.

(1)

S.I. 1987/1971; relevant amending instruments are S.I. 1988/1971, 1990/127, 546, 1991/1175, 1599, 1992/1101, 2148, 1993/317, 963, 1249 and 1994/578.

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