The Income Support (Transitional) Regulations 1987

Paragraph (2)(b) or (2)(c) shall not apply in the case of a person who, by virtue of regulation 74 of the Jobseeker’s Allowance Regulations 1996, is a person to whom F55section 19(2)(b) of the Jobseekers Act 1995 does not apply.

In this regulation, “remunerative work” means remunerative work for the purposes of the Jobseekers Act 1995.

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A claim for income support may be made on or after 14th March 1988 and before 11th April 1988, and a claim for supplementary benefit made during that period may be treated in addition as a claim for income support.

Paragraph (1) and regulation 4 (deeming of claims for income support by former beneficiaries) shall not apply in the case of a person affected by a trade dispute (that is to say a person in respect of whom the applicable amount or a proportion of the applicable amount falls to be disregarded by virtue of section 23 of the Act).

Subject to the provisions of this regulation, any claim for income support made or treated as made in accordance with paragraph (1) may be determined before 11th April 1988 in accordance with the Act and Regulations made under that Act as if those provisions were in force.

Any claim made or treated as made in accordance with paragraph (1) shall be treated as made for a period commencing on 11th April 1988.

Notwithstanding the provisions of section 165A of the Social Security Act M8,, but subject to regulation 3(2) (persons affected by a trade dispute), in the case of a former beneficiary or a former housing benefit supplement recipient it shall not be a condition of entitlement to income support for a period commencing in the week beginning 11th April 1988 that he makes a claim for such benefit and the provisions of the Act and Regulations made thereunder shall apply, subject to the following provisions of this Part, as if a claim for that benefit had been duly made by the former beneficiary or the former housing benefit supplement recipient in respect of a period commencing on the first day of his second benefit week.

Where by virtue of paragraph (1) a person's entitlement to income support falls to be determined as if a claim for it had been duly made, the claimant's entitlement in respect of a period commencing in the week beginning 11th April 1988 may nevertheless be determined at an earlier date if the claimant is entitled to supplementary benefit at the date of the determination; and any such claim shall be determined in accordance with the Act and Regulations made under that Act as if those provisions were in force.

Where, by virtue of regulation 4 (deeming of claims by former beneficiaries), a person’s entitlement to income support, for a period commencing in the week beginning 11th April 1988, falls to be determined as if a claim for it had been duly made and no determination has been made by that date, the Secretary of State may make a payment on account of income support and the amount of such payment shall be offset by the adjudicating authority in reduction of any income support, any transitional payment of income support under regulation 7 (transitional payments for former beneficiaries) and any addition under Part II, subsequently awarded.

Where a payment on account has been made under paragraph (1) and the adjudicating authority determines that there is no entitlement to income support, or that the entitlement is less than the amount of the payment on account, that authority shall determine the amount of the overpayment.

The amount of any overpayment determined under paragraph (2) shall be recoverable by the Secretary of State by the same procedures and subject to the same conditions as if it were recoverable under section 53(1) of the Act (overpayments).

A payment on account under this regulation may be made by means of an instrument of payment or such other means as appears to the Secretary of State to be appropriate in the circumstances of any particular case and, notwithstanding the repeal of any enactment, may be made by an instrument of payment or book of serial orders issued for the purpose of paying supplementary benefit.

Where, for a period commencing on or after 11th April 1988, it appears that the entitlement of a former beneficiary to income support, or the amount of such benefit to which he is entitled, depends upon the determination of any question by an adjudicating authority and such a question has been so determined in respect of that former beneficiary's entitlement to supplementary benefit immediately before 11th April 1988, that question shall be deemed to have been so determined for the purposes of the said entitlement to income support.

Except in the case of earnings to which paragraph (2) applies or would, but for the exception specified in sub-paragraph (b) thereof, apply, where in the case of a former beneficiary to whom regulation 4 applies a payment of income would, but for this paragraph, fall to be treated as paid under regulation 31(1)(a) of the General Regulations (date on which income treated as paid) before the first day of the benefit week in which he is first entitled to income support, that payment shall be treated as paid on that day and any part of the payment which has been taken into account in determining the former beneficiary's entitlement to supplementary benefit shall, notwithstanding Part V of the General Regulations, be disregarded in determining his entitlement to income support.

Where an adjudicating authority has determined that payment of an amount of supplementary benefit awarded to a former beneficiary for a period immediately preceding 11th April 1988 should be paid to another person or body, such determination shall be deemed also to have been made for the purposes of income support to which the former beneficiary is entitled on or after 11th April 1988.

For the purpose of the application of paragraph 14 of Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes), or paragraph 12 of Schedule 5 to those Regulations (applicable amounts of persons in board and lodging accommodation), to a former beneficiary in respect of whom income support becomes payable for a period immediately following a period in respect of which supplementary benefit was payable, the expression “ close relative ” shall, for so long as he continues to be entitled without interruption to income support, be given the meaning assigned to it immediately before 11th April 1988 by regulation 2 of the Requirements RegulationsM11 (interpretation).

For the purposes of determining a claimant’s entitlement to income support for a period commencing on or after 11th April 1988, regulation 43 of the General Regulations (notional earnings of seasonal workers) shall apply for the purposes of determining a person’s earnings in the period of his off-season or last period of normal employment beginning before that date as if that regulation and Parts IV and V of the General Regulations (applicable amounts and income and capital) were in force throughout that period.

The amount of the transitional payment in respect of any such period shall be equal to the amount of income support payable in arrears for the benefit week or, in the case of a claimant whose entitlement to income support is for a period of less than a benefit week the amount which would have been payable had he been entitled to income support for the benefit week, commencing in the same calendar week as the period of seven days in respect of which the transitional payment is made.

The transitional payment shall be made in advance and, in a case to which paragraph (2)(b) applies, the transitional payment may be made in two instalments if it appears to the Secretary of State to be appropriate in the circumstances of the particular case.

In calculating the income of a former beneficiary for the purpose of determining his entitlement to income support in respect of any day for which that benefit becomes payable to him in arrears there shall be disregarded any supplementary benefit or any transitional payment payable to him under this regulation.

Where a former beneficiary is not entitled to income support on the first day of his second benefit week he shall, notwithstanding the repeal or revocation of any enactment, be entitled to and be paid supplementary benefit for the period commencing on 11th April 1988 and ending with the day 6 days after the first day of his first benefit week except where that benefit week commences on 4th April 1988.

Subject to paragraph (4), the amount of the transitional payment in respect of any such period shall be equal to the amount of income support payable in arrears for the benefit week or, in the case of a claimant whose entitlement to income support is for a period of less than a benefit week, the amount which would have been payable had he been entitled to income support for the benefit week, commencing in the same calendar week as the period of seven days in respect of which the transitional payment is made.

Where a person is entitled to income support for a period falling before the first day of his second benefit week, the amount of the transitional payment shall be reduced by the amount of income support payable for that period.

The transitional payment shall be made in advance and, in a case to which paragraph (2)(a) applies, the transitional payment may be made in two instalments if it appears to the Secretary of State to be appropriate in the circumstances of the particular case.

In calculating the income of a person entitled to a transitional payment under this regulation for the purpose of determining his entitlement to income support in respect of any day for which income support becomes payable to him in arrears there shall be disregarded any transitional payment payable to him under this regulation.

Where paragraph (7) applies, the amount of supplementary benefit to which that person is, for the purposes of Part II, to be treated as entitled shall be equal to the amount which would have been payable in the first benefit week had he been entitled to supplementary benefit for that week.

For the purpose of determining under regulation 4(1) of the General Regulations (temporary absence from Great Britain) whether a claimant is entitled to income support during a period of absence, that provision shall be construed as though there were inserted immediately after the words “entitled to income support” the words “or supplementary benefit”.

For the purpose of determining under regulation 21(4)(b)(ii) of the General Regulations (special cases) whether a local authority has accepted in relation to a former beneficiary the responsibility therein referred to for a period of not less than 2 years immediately before that person attained pensionable age, that provision shall be construed as though there were inserted immediately after the words “under and by virtue of that regulation” the words “or under or by virtue of the Supplementary Benefits Act 1976”.

Where, in relation to supplementary benefit for a former beneficiary in respect of a period immediately before 11th April 1988, his normal requirements fell to be reduced by virtue of regulation 8 of the Requirements Regulations (actual or notional unemployment benefit disqualification), regulation 22 of the General Regulations (reduction of applicable amount in cases of voluntary unemployment) shall apply to the calculation of that former beneficiary's applicable amount on 11th April 1988 with the modification that the relevant period specified in paragraph (6) of that regulation shall be reduced by the number of whole benefit weeks corresponding to the number of such weeks immediately preceding that date during which his normal requirements had been so reduced.

For the purpose of determining whether, in any case, the additional condition for higher pensioner premium or disability premium, specified in paragraph 12(1)(b) of Schedule 2 to the General Regulations (applicable amounts), is satisfied for any period before 24th October 1988, that provision shall be construed as though there were inserted therein, immediately after the reference to the Social Security Act, a reference to the Supplementary Benefits Act 1976.

For the purposes of paragraph 7 of Schedule 3 to the General Regulations (housing costs) any reference to income support shall be construed as if it included a reference to supplementary benefit and in sub-paragraph (2)(a) of that paragraph references to a claimant's income and applicable amount shall be construed as if they included references to his resources and requirements determined for the purposes of entitlement to supplementary benefit.

Where a change of circumstances takes effect in a person's second benefit week which, had it taken effect in his first benefit week, would have resulted in a lesser amount of supplementary benefit being payable in respect of that week, the amount of supplementary benefit to be taken into account for the purpose of calculating his total benefit income in his first benefit week shall be the amount (if any) that would have been payable had the change of circumstances taken effect in that week F4but this paragraph shall not apply where the change of circumstances is the admission to hospital of the person in his second benefit week.

If a former beneficiary's requirements for the purpose of calculating his entitlement to supplementary benefit in respect of his first benefit week include an amount in respect of housing requirements under Part IV of the Requirements Regulations to which he is entitled by virtue of regulation 14(4) of those Regulations (housing requirements) and, in a case to which sub-paragraph (a) of that provision applies, if in that week he has been absent from his home for 52 weeks or more, the amount of supplementary benefit taken into account for the purpose of calculating his total benefit income in that benefit week shall be reduced by the amount of those housing requirements.

In this Part references to a person's income in a benefit week subsequent to his first benefit week are references to his income, and the income of any member of his family which would be treated as his under section 22(5) of the Act, calculated under Part V of the General Regulations (income and capital).

For the purposes of paragraph (1)(a) or (6)(a), where a claimant is a person to whom regulation 8 of the Requirements Regulations or regulation 22 of the General Regulations (reductions in certain cases of unemployment disqualification) applies, the amount of supplementary benefit or income support to be taken into account shall be the amount to which the claimant would have been entitled but for that regulation.

Subject to regulation 12(2), 13(5) or 14 (special provision for persons in residential care or nursing homes and reduction and termination of transitional and personal expenses addition), and except in a case to which paragraph (3) applies, the amount of the transitional addition to which a former beneficiary is entitled under paragraph (1) shall be the difference between his total benefit income in his first and second benefit weeks.

Subject to regulation 14 the amount of the transitional addition applicable to a former beneficiary who in respect of his first benefit week was entitled to a domestic assistance addition of £10 or more shall be the amount (if any) obtained by subtracting from his total benefit income in his first benefit week the amount of his domestic assistance addition, the sum determined under paragraph (4) and, where applicable, (5).

If the amount of the former beneficiary's domestic assistance addition is less than the amount of his severe disability premium, the sum for the purposes of paragraph (3) shall be the amount of the difference between the addition and the premium.

Subject to regulation 14, the amount of the transitional addition to which a claimant is entitled under paragraph (1) shall be the amount (if any) obtained by subtracting from his total benefit income in his first benefit week the amount of his total benefit income in his second benefit week F6and the amount of his partner’s total benefit income in his partner’s second benefit week.

In this regulation, references to a claimant's partner are references to the person who, immediately before 11th April 1988 was the other member of a married or unmarried couple for the purposes of paragraph 3(1) of Schedule 1 to the Supplementary Benefits Act 1976 or was a spouse to whom the former beneficiary was polygamously married.

If a claimant becomes entitled to a transitional addition under paragraph (1) he shall cease to be entitled to any transitional addition to which he would, but for this provision, be entitled under regulation 10 (transitional addition) while not in board and lodging accommodation or a hostel.

Where a claimant who is in board and lodging accommodation or a hostel and who is entitled to a transitional addition under paragraph (1) or regulation 10 (transitional addition) temporarily leaves his board and lodging accommodation or a hostel for a period of 8 weeks or less or, if he becomes a patient, for a period of 14 weeks or less and, in the case of board and lodging accommodation he is entitled to an increase under paragraph 7 of Schedule 5 to the General Regulations, any increase in his applicable amount for the purpose of calculating his entitlement to income support on his return to that accommodation shall be disregarded for the purpose of regulation 14(1) (reduction in transitional addition).

Regulation 14(3) F8and (4) (re-entitlement to a transitional addition after periods of 8 weeks or less) shall apply to a claimant who is in board and lodging accommodation and entitled to an increase under paragraph 7 of Schedule 5 to the General Regulations, or in a hostel and who, in either case was immediately before the period of 8 weeks, entitled to a transitional addition under paragraph (1) or regulation 10 notwithstanding that the amount of the transitional addition to which he is entitled is less than £10.

Subject to paragraph (3) and to regulation 16(1) (persons not entitled to personal expenses addition), a former beneficiary to whom paragraph (1) applies shall be entitled, in addition to any transitional addition to which he may be entitled under paragraph (5) or regulation 10 (transitional addition), to a personal expenses addition of an amount equal to the difference between the amount of the allowance for personal expenses under regulation 9(17)(e) of the Requirements Regulations referred to in paragraph (1) and, if less, the amount of the allowance for personal expenses referred to in paragraph (1)(b).

The amount of the personal expenses addition under paragraph (2), F9(6) or (8) shall be reduced by the amount of any increase in the amount in respect of personal expenses referred to in paragraph (1)(b).

Subject to paragraphs (5) and (8), a claimant who ceases to reside or, if he is a member of a family, who and whose family cease to reside, in a residential care or nursing home F10..., shall cease to be entitled to any transitional addition and personal expenses addition under this Part F11except where he ceases or, as the case may be, he and his family cease, to reside in the home in the circumstances specified in paragraph 16 or 18 of column (1) of Schedule 7 to the General Regulations (applicable amounts in special cases) and he intends or, as the case may be, they intend to return to the home.

A claimant to whom paragraph (5) applies and to whom in respect of his first benefit week an allowance for personal expenses would have been applicable under regulation 9(17)(e) of the Requirements Regulations shall also be entitled to a personal expenses addition of an amount equal to the difference between the amount that his personal expenses allowance would have been in respect of his first benefit week and, if less, the amount in respect of personal expenses applicable under paragraph 13 of Schedule 4 to the General Regulations.

If a claimant becomes entitled to a transitional addition under paragraph (5) he shall cease to be entitled to any transitional addition to which he would, but for this provision, be entitled under regulation 10 (transitional addition) while not in a residential care or nursing home.

Notwithstanding paragraph (1)(a) or (d) where F41regulation 21A or 22 of the General Regulations (reductions in applicable amounts) ceases to apply to the claimant and as a result his applicable amount increases, his transitional addition shall not be reduced by the amount of that increase.

Notwithstanding paragraph (1) (a) or (d) where a person has entered accommodation referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) of the General Regulations (special cases), or a residential care home or nursing home, for a period of 8 weeks or less and as a result his applicable amount increases, his transitional addition shall not be reduced by the amount of that increase.

Notwithstanding paragraph (1)(b), (c) or (e) the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his income or, as the case may be, the reason his income exceeds his applicable amount, is attributable to the receipt of a training allowance.

Notwithstanding paragraph (1)(b), (c) or (e) the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his income or, as the case may be, the reason his income exceeds his applicable amount is attributable to the amendments made by regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No. 2 Regulations 1991.

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 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.

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 15(a), (b) or (c) of the Income Support (General) Amendment No.4 Regulations 1991 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 1st October 1991.

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 3(1) and (2) of the Income-Related Benefits Amendment Regulations 1992 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 5th October 1992.

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 F42or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or his or his partner’s attendance or ceasing to attend at a course at an employment rehabilitation centre established under that section F43of the 1973 Act, his transitional addition shall not be reduced by the amount of that increase.

Notwithstanding paragraph (1)(a) or (d), where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 of the General Regulations (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s transitional addition shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds eight weeks.

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.

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.

The amount of a claimant's personal expenses addition shall be reduced if, in any benefit week, he is entitled only to a personal expenses addition, by the amount of any increase in his income F20but not if, and to the extent that, the increase is attributable to the receipt of a training allowance.

Subject to regulation 16 (persons not entitled to transitional additions), where the amount of a claimant's domestic assistance addition in respect of his first benefit week is £10 or more and is greater than the amount (if any) of the severe disability premium for the purpose of calculating his applicable amount under Part IV of the General Regulations (applicable amounts) F22in his second benefit week, he shall be entitled to a special transitional addition of an amount equal to the difference between his domestic assistance addition and the severe disability premium F23(if any).

Where a claimant is not entitled to income support or a transitional addition, the amount of a special transitional addition under paragraph (1) to which he is entitled shall be reduced by the amount of any increase in his income F21but not if, and to the extent that, the increase is attributable to the receipt of a training allowanceF47or to the receipt of an increase in the weekly rate of child benefit which is attributable to the amendments made by regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No.2 Regulations 1991..

A person without accommodation shall not be entitled to a transitional addition, personal expenses addition or a special transitional addition.

A person who is in board and lodging accommodation or a hostel shall not be entitled to a special transitional addition.

A prisoner within the meaning of regulation 21(3) of the General Regulations (special cases) shall not be entitled to a transitional addition, personal expenses addition or special transitional addition.