# The Housing Benefit (Transitional) Regulations 1987, Regulation 3: Waiver of claims for housing benefit by former recipients


(1) Notwithstanding the provisions of section 165A of the Social Security Act 1975 (necessity of claims for entitlement to benefit), the appropriate authority may determine that it shall not be a condition of entitlement to housing benefit under the new scheme for a former housing benefit receipient that a claim for such benefit has been made; and where it so determines the provisions of the Act and regulations made thereunder shall apply, subject to the following provisions of these Regulations, as if a claim for that benefit had been duly made by the former housing benefit recipient in respect of a period commencing on the relevant date.
(2) Where by virtue of paragraph (1) a person's entitlement to housing benefit falls to be determined as if a claim for it had been duly made in respect of a period commencing on the relevant date, it may nevertheless be determined at an earlier date if the former housing benefit recipient is entitled to a rebate or allowance under an old scheme at the date of the determination; any entitlement under the new scheme shall be determined in accordance with the Act and Regulations made under the Act as if those provisions were in force.
(3) A determination which is made awarding housing benefit under the new scheme under paragraph (2)—
(a) may award that benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement to housing benefit will be satisfied from that date;
(b) shall be subject to the conditions for entitlement being satisfied on the relevant date;
(c) may be reviewed if any question arises as to the satisfaction of those conditions.

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Source: https://www.legislation.gov.uk/uksi/1987/1972/regulation/3 (the official version)
Page: https://openlegislation.uk/housing-benefit-transitional-regulations-1987/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.