The Income Support (Transitional) Amendment Regulations 1989

Amendment of regulation 14 of the Transitional Regulations

3.  In regulation 14 of the Transitional Regulations (reduction and termination of transitional and personal expenses addition)–

(a) in paragraph (1) in sub-paragraphs (a) and (d) after the reference“Part IV” there shall be inserted in each of those sub-paragraphs the reference“or VI”;

(b) after paragraph (1C) there shall be inserted the following paragraphs–

“(1D) Notwithstanding paragraph (1)(a) or (d), the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his applicable amount is attributable to the amendments made by regulation 5(a) and (c) of the Income Support (General) Amendment Regulations 1989(1) and that increase in his applicable amount takes effect in his benefit week beginning on a day during the period of 7 days commencing on 9th October 1989.

(1E) Notwithstanding paragraph (1)(a) or (d), where a claimant’s applicable amount increases by virtue of his or his partner’s participation or ceasing to participate in arrangements for training made under section 2 of the Employment and Training Act 1973(2) or his or his partner’s attendance or ceasing to attend at a course at an employment rehabilitation centre established under that section, his transitional addition shall not be reduced by the amount of that increase.

(1F) Notwithstanding paragraph (1)(a) or (d), where–

(a) a claimant has ceased to be entitled to a transitional addition because he or his partner becomes engaged in remunerative work and immediately before he so ceased a higher pensioner premium or a disability premium was applicable to him under paragraph 10 or, as the case may be, 11 of Schedule 2 to the General Regulations (applicable amounts); and

(b) he becomes re-entitled to that addition by virtue of paragraph (3A) or (4A) or regulation 15(4) (special transitional addition), his transitional addition shall not be reduced if the higher pensioner premium or the disability premium again becomes applicable to him to the extent that any increase in his applicable amount is attributable to that premium.”;

(c) in paragraph (3) at the beginning there shall be inserted the words“Except where paragraph (3A) applies,”;

(d) after paragraph (3) there shall be inserted the following paragraph–

“(3A) A claimant who has ceased to be entitled to income support and a transitional addition because he or his partner has become engaged in remunerative work shall, if during the permitted period determined in accordance with regulation 2A (permitted period) beginning with the day after the day on which he ceased to be so entitled he or his partner has ceased to be engaged in that work, be re-entitled to a transitional addition of an amount equal to the amount of the transitional addition to which he was previously entitled subject to any reduction in that amount which would have occurred under paragraph (1)(a) had he remained entitled to income support.”;

(e) in paragraph (4) at the beginning there shall be inserted the words“Except where paragraph (4A) applies,”;

(f) after paragraph (4) there shall be inserted the following paragraph–

“(4A) A claimant who was entitled only to a transitional addition and who has ceased to be entitled to such an addition because he or his partner became engaged in remunerative work shall, if during the permitted period determined in accordance with regulation 2A beginning with the day after the day on which he has ceased to be so entitled he or his partner ceased to be engaged in that work, be re-entitled to a transitional addition of an amount equal to the amount by which his total benefit income in his first benefit week exceeds his total benefit income in the benefit week in which he becomes re-entitled, or the amount to which he was previously entitled, whichever is the lower.”.

(1)

S.I. 1989/534.

(2)

1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25(1).