SCHEDULE 3Transitional and savings provisions

Frequency of payment of rent allowance

7.—(1) The regulations specified in sub-paragraphs (3) to (5) shall apply in accordance with the amendments specified in those sub-paragraphs where—

(a)the claimant 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 6 October 1996;

(b)regulation 11 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1996(1) (saving provision for payment of benefit) applied in the case of payments made to the claimant immediately before the consolidating Regulations came into operation; and

(c)the claimant continues to be entitled to and in receipt of housing benefit on account of such occupation of that dwelling.

(2) In this paragraph, “claimant” includes 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 that this paragraph or regulation 11 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1996 applied to that deceased person on the day of his death.

(3) Regulation 87 of the Housing Benefit Regulations (time and manner of payment) shall have effect as if, in paragraph (3), for “Subject to regulations 89 to 94” there were substituted “Subject to regulations 90 to 94”.

(4) Regulation 68 of the Housing Benefit (State Pension Credit) Regulations (time and manner of payment) shall have effect as if, in paragraph (3), for “Subject to regulations 70 to 75,” there were substituted “Subject to regulations 71 to 75”.

(5) Regulation 89 of the Housing Benefit Regulations and regulation 70 of the Housing Benefit (State Pension Credit) Regulations (frequency of payment of a rent allowance) shall both have effect as if—

(a)for paragraph (2), there were substituted—

(2) A payment of a rent allowance in accordance with paragraph (1) shall be made insofar as it is practicable to do so, two weeks before the end of the period in respect of which it is made unless the liability to pay rent of the person entitled is in respect of a past period, in which case payment of the rent allowance may be made at the end of that period.;

(b)paragraphs (3) and (4) were omitted;

(c)in paragraphs (5) and (6), “Except in a case to which paragraph (3) applies,” were omitted; and

(d)in paragraph (7) “Subject to paragraphs (2), (3) and (5),” were omitted.