The Housing Benefit Regulations 2006

[F1 28.— (1) This paragraph applies where— E+W+S

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the termination of the claimant’s award of housing benefit, under—

(i) paragraph 27(2)(b);

(ii) sub-paragraph (3)(b) of this paragraph; or

(iii) paragraph 29(3)(b);

(b) within [F2 12] weeks of that termination F3 ... the claimant again becomes entitled to housing benefit;

(c) in the benefit week in which the claimant again becomes entitled to housing benefit the relevant person [F4 satisfies the requirements of paragraph 27(1) or] is entitled to an employment and support allowance which is not income-related [F5 and];

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) at the date on which the claimant again becomes entitled to housing benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to housing benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person [F7 no longer satisfying the requirements of paragraph 27(1) or] no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

F8 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Sch. 3 Pts. 7, 8 added (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 5 para. 69(5)(c) (with reg. 3)

F2 Word in Sch. 3 para. 28(1)(b) substituted (1.5.2012) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012 (S.I. 2012/919), regs. 1(2), 3(a)

F3 Words in Sch. 3 para. 28(1)(b) omitted (4.4.2020) by virtue of The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020 (S.I. 2020/288), regs. 1, 2(3)(a)

F4 Words in Sch. 3 para. 28(1)(c) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 7(4)(b)(i)

F5 Word in Sch. 3 para. 28(1)(c) inserted (1.5.2012) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012 (S.I. 2012/919), regs. 1(2), 3(b)

F6 Sch. 3 para. 28(1)(d) omitted (1.5.2012) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012 (S.I. 2012/919), regs. 1(2), 3(c)

F7 Words in Sch. 3 para. 28(3)(c) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 7(4)(b)(ii)

F8 Sch. 3 para. 28(3)(e) omitted (4.4.2020) by virtue of The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020 (S.I. 2020/288), regs. 1, 2(3)(b)