PART IITRANSITIONAL PROTECTION
Special transitional additionC1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C1815
1
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) F2in 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 F3(if any).
2
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 F1but not if, and to the extent that, the increase is attributable to the receipt of a training allowanceF11or 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..
3
Subject to paragraph (4) a claimant shall cease to be entitled to a special transitional addition under paragraph (1) if–
a
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
b
his applicable amount for the purposes of calculating his entitlement to income support falls to be determined under Schedule 4 to, or paragraphs 1 to 4, 13 and 18 of Schedule 7 to, the General Regulations (applicable amounts for persons in residential care and nursing homes or residential accommodation or hospital patients); F4or
c
in the case of a claimant who is entitled to income support as well as a transitional addition he ceases to be entitled to income support and a transitional addition for a reason other than that his applicable amount under Part IV of the General Regulations does not exceed his income; or
d
in the case of a claimant who is entitled to a transitional addition and a special transitional addition he would not, 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
e
he would, but for this sub-paragraph, be entitled only to a special transitional addition and he would not, if he claimed, be entitled to income support for a reason other than that his applicable amount does not exceed his income; or
f
the amount of his special transitional addition is reduced to nil by virtue of paragraph (2).
4
Where a claimant ceases to be entitled to a special transitional addition–
F5a
by virtue of paragraph (3)(a), (c), (d) or (e) he shall be re-entitled to such an addition of the same amount as previously if, F8during 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 becomes re-entitled to income support or a transitional addition;
b
by virtue of paragraph (3)(b) he shall be re-entitled to such an addition of the same amount as previously if, F6F9during the permitted period determined in accordance with regulation 2A (permitted period) beginning with the day after the day on which his applicable amount fell to be determined under the provisions of the General Regulations referred to in paragraph (3)(b), those provisions ceased to apply to him.
F7c
by virtue of paragraph (3)(f) he shall be re-entitled to such an addition of the same amount as previously if F10during 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 the reason for the cessation ceased to apply to him.