The Income Support (Transitional) Regulations 1987

Changes over time for: Section 14

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01/01/2015- Amendment

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The Income Support (Transitional) Regulations 1987, Section 14 is up to date with all changes known to be in force on or before 09 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Regulation 14:

Instrument applied by 1997 c. 27 s. 8 Sch.2 Note 1(2)

Reduction and termination of transitional and personal expenses additionU.K.

14.—(1) The amount of a claimant's transitional addition shall be reduced–

(a)if, in respect of any benefit week subsequent to his second benefit week, he is entitled to income support as well as a transitional addition and his applicable amount under Part IV [F1or VI] of the General Regulations increases, by the amount of that increase [F2but this sub-paragraph shall not apply to an increase to which regulation 13(3) applies (increase in personal expenses)];

(b)if, in respect of any benefit week subsequent to his second benefit week, he is entitled only to a transitional addition [F3or, as the case may be, to a transitional addition and special transitional addition], by the amount of any increase in his income.

(c)if, in respect of any benefit week subsequent to his second benefit week, he is entitled only to a transitional addition and personal expenses addition under regulation 13(2) (special provision for persons in residential care or nursing homes), by the amount of any increase in his income;

(d)if, in respect of any benefit week subsequent to his second benefit week he becomes entitled to income support as a result of an increase in his applicable amount under Part IV [F4or VI] of the General Regulations and immediately before that increase he was entitled only to a transitional addition, by the amount of that increase less the amount by which his income exceeded his applicable amount prior to that increase;

(e)if, in respect of any benefit week subsequent to his second benefit week he ceases to be entitled to income support because his income exceeds his applicable amount, by the amount by which his income exceeds the applicable amount.

[F5(1A) Notwithstanding paragraph (1)(a) or (d) where [F6regulation 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.

(1B) 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.]

[F7(1C) 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.]

[F8(1CA) 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. ]

[F9(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 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.

[F10(1DA) 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.]

[F11(1DZA) 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.]

(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 [F12or 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 [F13of the 1973 Act], 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.]

[F14(1G) 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.]

(2) A claimant shall cease to be entitled to a transitional addition if–

(a)in the case of a claimant who is entitled to income support as well as a transitional addition–

(i)subject to regulation 15(4) (special transitional addition), he ceases to be entitled to income support for a reason other than that his applicable amount under Part IV of the General Regulations (applicable amounts) does not exceed his income; or

(ii)the amount of his transitional addition is reduced to nil by virtue of paragraph (1); or

(b)in the case of a claimant to whom paragraph (1)(b), (c) or (e) applies–

(i)subject to regulation 15(4), he would no longer, if he claimed, be entitled to income support for a reason other than that his applicable amount under Part IV of the General Regulations does not exceed his income; or

(ii)the amount of his transitional addition is reduced to nil by virtue of paragraph (1).

(3) [F15Except where paragraph (3A) applies,] a claimant who either–

(a)has ceased to be entitled to income support but remained entitled to a transitional addition; or

(b)has ceased to be entitled to income support and a transitional addition,

and immediately before he so ceased he was entitled to a transitional addition of £10 or more shall, [F16if he becomes re-entitled to income support not more than 8 weeks after the day on which he has ceased to be so entitled, in the benefit week in which he becomes re-entitled, 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.]

[F17(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.]

(4) [F18Except where paragraph (4A) applies,] a claimant who, was entitled only to a transitional addition of £10 or more and who has ceased to be entitled to such an addition–

(a)for a reason other than that his income exceeds his applicable amount; or

(b)because his income exceeds his applicable amount and the amount of his transitional addition,

shall, [F19if not more than 8 weeks after the day on which he ceased to be so entitled neither the reason in sub-paragraph (a) nor (b) applies to him, 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 neither sub-paragraph applies to him, or the amount to which he was previously entitled, whichever is the lower.]

[F20(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.]

(5) 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 [F21but not if, and to the extent that, the increase is attributable to the receipt of a training allowance].

(6) A claimant shall cease to be entitled to a personal expenses addition if–

(a)in the case of a claimant who is entitled to income support as well as a personal expenses addition–

(i)he ceases to be entitled to income support for a reason other than that his applicable amount under Part IV of the General Regulations (applicable amounts) does not exceed his income; or

(ii)the amount of his personal expenses addition is reduced to nil by virtue of paragraph (5) or regulation 13(3).

(b)in the case of a claimant who is entitled only to a personal expenses addition–

(i)he would no longer, if he claimed, be entitled to income support for a reason other than that his applicable amount under Part IV of the General Regulations does not exceed his income; or

(ii)the amount of his personal expenses addition is reduced to nil by virtue of paragraph (5) or regulation 13(3).

Textual Amendments

F1Words in reg. 14(1)(a) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(a)

F2Words in reg. 14(1)(a) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(a)

F3Words in reg. 14(1)(b) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(b)

F4Words in reg. 14(1)(d) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(a)

F5Reg. 14(1A)(1B) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(c)

F6Words in reg. 14(1A) substituted (17.12.1990) by The Income Support (General and Transitional) Amendment Regulations 1990 (S.I. 1990/2324), regs. 1(1), 6

F7Reg. 14(1C) added (11.4.1988) by The Income Support (Transitional) Amendment No. 2 Regulations 1988 (S.I. 1988/670), regs. 1(1), 2(2)(a)

F8Reg. 14(1CA) inserted (7.10.1991) by The Income Support (Transitional) Amendment Regulations 1991 (S.I. 1991/1600), regs. 1(1), 2(2)

F9Reg. 14(1D)-(1F) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(b)

F10Reg. 14(1DA) inserted (7.10.1991) by The Income Support (Transitional) Amendment Regulations 1991 (S.I. 1991/1600), regs. 1(1), 2(3)