The Housing Benefit Regulations 2006

[F1 29.— (1) This paragraph applies where— E+W+S

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—

(i) paragraph 27(2)(c);

(ii) paragraph 28(3)(c); or

(iii) sub-paragraph (3)(c) of this paragraph;

(b) F2 ... the relevant person again becomes entitled to an employment and support allowance which is not income-related;

[F3 (c) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations [F4 or regulation 86 of the Employment and Support Allowance Regulations 2013] applies to the relevant person; and]

(d) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, 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 that the relevant person’s entitlement to employment and support allowance takes effect for housing benefit purposes, 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 no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);

(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;

F5 (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 Words in Sch. 3 para. 29(1)(b) omitted (4.4.2020) by virtue of The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020 (S.I. 2020/288), regs. 1, 2(4)(a)

F3 Sch. 3 para. 29(1)(c) substituted (1.5.2012) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012 (S.I. 2012/919), regs. 1(2), 3(d)

F4 Words in Sch. 3 para. 29(1)(c) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 35(9)(b)(ii)

F5 Sch. 3 para. 29(3)(e) omitted (4.4.2020) by virtue of The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020 (S.I. 2020/288), regs. 1, 2(4)(b)