# The Housing Benefit (General) Amendment (No. 3) Regulations 1999, Regulation 11: Savings


(1) In paragraph (1) of regulation 12 of the Housing Benefit Regulations as saved by paragraph (3) of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 (“the 1997 Regulations”) for the word “may” where it first appears there shall be substituted the word “shall”.
(2) In a case where the claimant is a person who meets the conditions specified in paragraph (3) the appropriate authority shall, when calculating 50 per cent. of the amount by which the relevant rent exceeds the local reference rent, deduct from the relevant rent the following charges determined by the rent officer as eligible to be met by housing benefit—
(a) charges in respect of the cleaning of rooms and windows other than those eligible by virtue of sub-paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1;
(b) charges in respect of the provision of an emergency alarm system; or
(c) charges in respect of general counselling or any other support.
(3) The conditions of this paragraph are that the claimant is a person—
(a) in respect of whom sub-paragraph (c) of paragraph (2) of regulation 3 of the 1997 Regulations does not have effect, by virtue of paragraph (1) of regulation 4 (savings) of those Regulations; and
(b) whose maximum rent falls to be adjusted in accordance with paragraph (5A) of regulation 11 of the Housing Benefit Regulations.
(4) In a case where the claimant is a person to whom paragraph (3) of regulation 4 (savings) of the 1997 Regulations applies the appropriate authority shall apply regulation 12 as if—
(i) in paragraph (1) after the words “paragraph (2)” there were inserted the words “and paragraph (2A)”; and
(ii) after paragraph (2) there were inserted the following paragraph—
“(2A) This regulation shall not apply to any increase in a claimant’s eligible rent in respect of those service charges specified in the exceptions provided in sub-paragraphs (a)(iv)(cc), (c) or (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation).”.

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Source: https://www.legislation.gov.uk/uksi/1999/2734/regulation/11 (the official version)
Page: https://openlegislation.uk/housing-benefit-general-amendment-no-3-regulations-1999/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

