The Income Support (Transitional) Regulations 1987

Reduction and termination of transitional and personal expenses addition

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 of the General Regulations increases, by the amount of that increase;

(b) if, in respect of any benefit week subsequent to his second benefit week, he is entitled only to a 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 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.

(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) 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, it he becomes re-entitled to income support within a period of 8 weeks of his ceasing 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 that addition.

(4) 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, it within a period of 8 weeks 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 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.

(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.

(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).