PART II U.K.TRANSITIONAL PROTECTION

Special provisions for patientsU.K.

11.—(1) Where, immediately before 11th April 1988–

(a)a claimant was a member of a married or unmarried couple for the purposes of paragraph 3(1) of Schedule 1 to the Supplementary Benefits Act 1976 or a spouse of a polygamous marriage; and

(b)he or any partner was entitled to supplementary benefit; and

(c)he was not himself a patient but any partner of his had been a patient for a period of 52 weeks or more,

he shall, subject to regulations 12 to 14 and 16 (special cases and reduction and termination of, and persons not entitled to, transitional additions), be entitled to a transitional addition calculated in accordance with paragraph (2).

(2) 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 [F1and the amount of his partner’s total benefit income in his partner’s second benefit week].

(3) 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.

Textual Amendments

F1Words in reg. 11(2) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 6