21.—(1) Any entitlement to a transitional addition which a person (“T”) may have by virtue of these Regulations terminates on whichever is the earliest of—
(a)the reduction in accordance with regulations 18 to 20 of the amount of the transitional addition to nil [F1and]
(b)subject to [F2paragraphs (2), (3) [F3, (3A)] and (4)] , the termination in accordance with the statutory provisions applied by regulation 16 of T’s entitlement to [F4an employment and support allowance which arises from section 1(2)(a) or (b) of the Act, or to a contributory allowance or to an income-related allowance] ; F5...
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Nothing in paragraph (1)(b) prevents reinstatement of a person’s entitlement to a transitional addition following the reversal on appeal of any determination which results in [F7a termination of the person’s entitlement to which that provision refers] .
[F8(3) Any termination by virtue of paragraph (1)(b) of T’s entitlement to a transitional addition under regulation 10(2)(a) (transitional addition: incapacity benefit or severe disablement allowance) shall instead have effect as a suspension of that entitlement in Case 1.
[F9(3A) Any termination of T’s entitlement to a transitional addition under regulation 10(2)(a) (transitional addition: incapacity benefit or severe disablement allowance) shall instead have effect as a suspension of that entitlement in Case 1A.]
(4) Any termination by virtue of paragraph (1)(b) of T’s entitlement to a transitional addition under regulation 11(2)(a) (transitional addition: income support) shall instead have effect as a suspension of that entitlement in Case 1 or Case 2.
(5) Case 1 is where—
(a)on a subsequent claim made by T for an employment and support allowance, a period of limited capability for work is treated under regulation 145(1) F10... of the Employment and Support Allowance Regulations (linking rules) as a continuation of an earlier period of limited capability for work;
(b)T’s entitlement to an allowance which is referred to in paragraph (1)(b) (“T’s old entitlement”) was in respect of that earlier period; and
(c)F11[F12... in respect of that earlier period, it was terminated—
(i)other than by virtue of a determination that T did not have, or was treated as not having, limited capability for work, or
(ii)by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and, in respect of that subsequent claim, it is determined that T has, or is treated as having, limited capability for work, other than under regulation 30 of those Regulations.]
[F13(5A) Case 1A is where—
(a)T was previously entitled to a contributory allowance;
(b)entitlement to that previous allowance terminated by virtue of section 1A of the Act (duration of contributory allowance);
(c)on a subsequent claim made by T for an employment and support allowance, a period of limited capability for work is treated under regulation 145(1) of the Employment and Support Allowance Regulations (linking rules) as a continuation of an earlier period of limited capability for work; and
(d)it is determined in relation to the subsequent claim that T has, or is treated as having, limited capability for work-related activity.]
(6) Case 2 is where—
(a)the reason for terminating T’s entitlement to an employment and support allowance arising from section 1(2)(b) of the Act (conditions relating to financial position), or to an income-related allowance, as the case may be, was that the condition set out in paragraph 6(1)(f) of Schedule 1 to the Act (no entitlement to income-related allowance where other member of a couple engages in remunerative work) had ceased to be satisfied in T’s case;
(b)the condition referred to in sub-paragraph (a) is subsequently satisfied;
(c)T again becomes entitled to an allowance which is referred to in sub-paragraph (a); and
(d)that entitlement commences before the end of the 12 week period which begins with the date of termination of T’s old entitlement.
(7) In Cases 1 [F14, 1A] and 2, the amount of the transitional addition or additions, as the case may be, to which T becomes entitled from the commencement of T’s subsequent entitlement to an allowance which is referred to in paragraph (1)(b) is to be determined by reference to the amount of the transitional addition or additions, as the case may be, to which T was entitled on the termination of T’s old entitlement, subject to any subsequent adjustment of that amount that would have been made under this Part.]
Textual Amendments
F1Word in reg. 21(1)(a) inserted (4.4.2020) by The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 2(a)
F2Words in reg. 21(1)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(a)(i)
F3Words in reg. 21(1)(b) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(a)
F4Words in reg. 21(1)(b) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(a)(ii)
F5Word in reg. 21(1)(b) omitted (4.4.2020) by virtue of The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 2(b)
F6Reg. 21(1)(c) omitted (4.4.2020) by virtue of The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 2(c)
F7Words in reg. 21(2) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(b)
F8Reg. 21(3)-(7) substituted for reg. 21(3)-(6) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(11)(c)
F9Reg. 21(3A) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(b)
F10Words in reg. 21(5)(a) omitted (28.11.2016) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 5(a)
F11Words in reg. 21(5)(c) omitted (28.11.2016) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 5(b)
F12Reg. 21(5)(c) substituted (1.5.2012) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2012 (S.R. 2012/160), regs. 1, 3
F13Reg. 21(5A) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(c)
F14Words in reg. 21(7) inserted (28.11.2016) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/175), regs. 1(1), 9(3)(d)
Commencement Information
I1Reg. 21 in operation at 1.10.2010, see reg. 1