79 Measures to reduce under-occupation by housing benefit claimants

Chapter III
Other Welfare Provisions

79  Measures to reduce under-occupation by housing benefit claimants

(1)     The Secretary of State may by regulations make a scheme providing for a housing benefit claimant, where he moves from an under-occupied dwelling in the public or social rented sector to a qualifying dwelling, to be entitled to be paid an amount calculated by reference to the difference between—

(a)     the prescribed payments he was liable to make in respect of his former dwelling, and

(b)     those he is liable to make in respect of his new dwelling.

(2)     In subsection (1) the reference to a qualifying dwelling is to a dwelling (whether in the public or social rented sector or not) which, in relation to the claimant, either—

(a)     is not under-occupied, or

(b)     is under-occupied to a lesser extent than the claimant's former dwelling.

(3)     Regulations under this section may, in particular, make provision—

(a)     as to the circumstances in which, in relation to a housing benefit claimant, a dwelling is or is not to be regarded for the purposes of the scheme as under-occupied or under-occupied to a lesser extent than another dwelling;

(b)     as to the manner in which an amount

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