Rebates and Allowances: Procedure

New Clause No. 6 – in the House of Commons at 12:00 am on 24th April 1972.

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Amendments made:

No. 96 in page 122, line 24, at end insert: 'and an authority may treat as spouses for the purposes of this sub-paragraph a man and a woman who formerly lived with him in the dwelling as his wife'.

No. 230 in line 25, leave out from beginning to 'spouse' in line 29 and insert: (4) In the following provisions of this Schedule 'tenant' includes, subject to paragraph 14(3C) below, a person treated as a tenant under this paragraph or paragraph 4 or 5 of Schedule 3 above, and.

No. 97 in line 33, after 'allowance' insert: 'whether before or after their rebate scheme or allowance scheme comes into operation'

No. 98 in line 44, leave out 'tenant of his' and insert 'applicant of the

No. 99 in line 46, leave out 'in his' and insert 'of'.

No. 100 in page 123, line 2, leave out 'tenant' and insert 'applicant'.

No. 101 in line 13, leave out from second 'the' to 'during' in line 14 and insert: 'applicant and of any spouse of his

No. 102 in page 124, line 19, leave out 'tenant' and insert 'applicant'.

No. 103 in line 21, leave out 'tenant' and insert 'applicant'.

No. 104 in page 125, line 5, leave out paragraph 7.

No. 105 in line 14, at end insert: 8A. It shall not be the duty of an authority to alter a rebate or allowance under paragraph 5, 6 or 8 above if the alteration would be equal to or less than the amount of the minimum rebate or minimum allowance under the authority's rebate scheme or allowance scheme

No. 231 in line 38, at end insert:

Transitional

10A. Where— (a) the whole or part of a person's rent under a tenancy—(i) was met by a rebate for the rental period immediately preceding that in which the rebate scheme under this Act of the authority who granted him that rebate comes into operation; or(ii) was met, for the rental period immediately preceding that in which the allowance scheme under the Act of the authority in whose area his dwelling is comes into operation, by an allowance granted by virtue of a scheme under a local Act for the payment of such allowances; and(b) the terms on which the rebate or allowance was granted for that rental period are identical with those on which rebates or, as the case may be, allowances are to be granted under the relevant scheme under this Act,the authority may treat him, for all the purposes of this Schedule or Schedule 3 above, as if he were a person to whom they had granted under this Act a rebate or, as the case may be, an allowance for the first rental period after the relevent scheme came into operation.

No. 106 in line 47, leave out sub-paragraph (2).

No. 232 in page 126, line 28, at end insert: 'or Schedule 3 to the Housing Act 1969 or in excess of the amount which is for the time being recoverable under Schedule 6 to this Act'.

No. 107 in page 127, line 22, at end insert: 'and if they alter or confirm it they shall notify the tenant in writing of their reasons for doing so'.

No. 233 in line 24, at end insert: (3A) When an authority determine to treat as the tenant, in pursuance of paragraph 5 of Schedule 3 above, a person who is not the tenant within the meaning of section 26 of this Act, it shall be their duty to notify of that determination both the person who will fall to be treated as the tenant as a result of the determination and the person who would have been considered eligible for a rebate or an allowance but for the determination.(3B) When an authority determine to treat as the tenant, in pursuance of paragraph 4 of Schedule 3 above or paragraph 1 of this Schedule, a person who is not the tenant or, as the case may be, not the sole tenant, within the meaning of section 26 of this Act, it shall be their duty to notify of that determination the person who will fall to be treated as the tenant as a result of it and to take such (if any) steps as they consider reasonable to notify of the determination the person or persons who would have been considered eligible for a rebate or an allowance but for the determination.(3C) The references to the tenant in sub-paragraphs (2) and (3) above shall accordingly be construed as including every person to whom sub-paragraph (3A) or (3B) above applies.

No. 234 in line 36, leave out 'are or have been in receipt of supplementary' and insert: 'may be entitled to receive supplementary benefit or are or have been in receipt of such'.—[Mr. Eyre.]