# The Housing Benefit (General) Amendment Regulations 1990, Schedule 1: TO BE INSERTED AFTER SCHEDULE 1 TO THE GENERAL REGULATIONS “SCHEDULE 1A EXCLUDED TENANCIES Regulation 12A(2)(b) 1 An excluded tenancy is any tenancy to which any of the following paragraphs applies. 2 (1) Subject to sub-paragraphs (2) and (3), where a rent officer has made a determination, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to– (a) the tenancy in respect of which that determination was made; and (b) any other tenancy of the same dwelling on terms which are substantially the same, other than the term relating to the amount of rent, as those terms were at the time of that determination or, if earlier, at the end of the tenancy. (2) Sub-paragraph (1) shall not apply unless the determination mentioned in that sub-paragraph is made within the period of 12 months ending on the date on which the relevant local authority received the claim or notification in question. (3) Sub-paragraph (1) shall not apply where subsequent to the making of the determination mentioned in that sub-paragraph– (a) the number of occupiers of the dwelling has changed and that dwelling is not in a hostel; (b) there has been a substantial change in the condition of the dwelling (including the making of improvements) or the terms of the tenancy other than a term relating to rent; (c) there has been a rent increase under a term of the tenancy and the term under which that increase was made was either included in the tenancy at the time when the application for that determination was made (or was a term substantially the same as such a term) if– (i) that determination was not made under paragraph 1(2) or 2(2) of Schedule 1 to the Order, or, as the case may be, paragraph 1(2) or 2(2) of Schedule 1 to the Scottish Order; and (ii) any re-determination of that determination was not made under the relevant provisions; or (d) in the case of a dwelling which is in a hostel and in respect of which there has been only one increase in rent since that determination was made, if that increase has been made otherwise than under the terms of a tenancy agreement, and during the period beginning on 9th October 1989 and ending on 8th October 1990. 3 This paragraph applies to an assured tenancy, an assured agricultural occupancy or a licence to occupy, where the landlord (or any superior landlord) is a registered housing association, unless the local authority stated in the application for determination that the circumstances set out in regulation 11(2)(a) or (c) exist. 4 (1) Subject to paragraph (2), this paragraph applies to a tenancy entered into before the relevant date where there was, current on that date, a benefit period within the meaning of regulation 66 (benefit period) relating to a claim for housing benefit in relation to the tenancy. (2) This paragraph shall only apply– (a) until a change of circumstances takes effect within the meaning of regulation 68 (date on which change of circumstances is to take effect) after 16th April 1989; or (b) until the benefit period ends or, if it ended before 17th April 1989, the next benefit period ends; whichever first occurs. (3) In sub-paragraph (1) “relevant date” means– (a) except where (b) applies, 1st April 1989; (b) in the case of a tenancy where one of the occupiers of the dwelling immediately before 10th April 1989 is in receipt of income support under the Act and whose applicable amount immediately before that date is calculated in accordance with regulation 10 or regulation 71(1)(b) of, or paragraph 17 of Schedule 7 to, the Income Support (General) Regulations 1987, 10th April 1989. 5 This paragraph applies to a tenancy entered into before– (a) in Scotland, 2nd January 1989, and (b) in any other case, 15th January 1989. 6 This paragraph applies to a regulated tenancy within the meaning of– (a) in Scotland, the Rent (Scotland) Act 1984 and (b) in any other case, the Rent Act 1977. 7 This paragraph applies to a housing association tenancy which– (a) in Scotland, is a tenancy to which Part VI of the Rent (Scotland) Act 1984 applies, and (b) in any other case, is a housing association tenancy to which Part VI of the Rent Act 1977 applies. 8 This paragraph applies to a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976. 9 This paragraph applies to a tenancy at a low tent within the meaning of Part I of the Landlord and Tenant Act 1954 or Schedule 10 to the Local Government and Housing Act 1989. 10 This paragraph applies to a tenancy of any dwelling in a hostel for persons on bail or probation hostel under section 49(1) of the Powers of Criminal Courts Act 1973. 11 This paragraph applies to a tenancy of a housing action trust established under Part III of the Housing Act 1988. 12 In this Schedule– “the Order” means– (a) in respect of a date falling before 2nd April 1990, the Rent Officers (Additional Functions) Order 1989, and (b) in respect of a date falling on or after that date, the Rent Officers (Additional Functions) Order 1990; “rent” has the same meaning– (a) in Scotland, as in section 25 of the Housing (Scotland) Act 1988, except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling; (b) in any other case, as in section 14 of the Housing Act 1988, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling; “the relevant provisions” means– (a) as respects Scotland– (i) in respect of a date falling before 2nd April 1990, Schedule 4 to the Scottish Order as applied by paragraphs 1(2) or 2(2) of Schedule 1 to that Order; (ii) in respect of a date falling after that date, Schedule 3 to the Scottish Order as applied by paragraph 1(2) or 2(2) of Schedule 1 to that Order; (b) in any other case– (i) in respect of a date falling before 2nd April 1990, Schedule 4 to the Order as applied by paragraphs 1(2) or 2(2) of Schedule 1 to that Order; (ii) in respect of a date falling after that date, Schedule 3 to the Order as applied by paragraph 1(2) or 2(2) of Schedule 1 to that Order; “the Scottish Order” means– (a) in respect of a date falling before 1st April 1990, the Rent Officers (Additional Functions) (Scotland) Order 1989 ; and (b) in respect of a date falling on or after that date, the Rent Officers (Additional Functions) (Scotland) Order 1990 and other expressions have the same meaning as in regulation 12(8).”. --- Source: https://www.legislation.gov.uk/uksi/1990/546/schedule/1 (the official version) Page: https://openlegislation.uk/housing-benefit-general-amendment-regulations-1990/schedule-1 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.