SCHEDULE 3Applicable amounts
C1C2C3C4C5C7C10PART 1Personal allowances
Sch. 3 Pt. 1 modified (1.4.2008 for specified purposes, 7.4.2008 in so far as not already in force) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(j), 19(7), Sch. 6
Sch. 3 Pt. 1 modified (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I., in force in so far as not already in force and with effect in accordance with art. 1(3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(i), 19(7), Sch. 5
Sch. 3 Pt. 1 modified (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(6), Sch. 5
Sch. 3 Pt. 1 sums amended and confirmed (coming into force in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2011 (S.I. 2011/821), arts. 1(2)(j), 20(6), Sch. 5
Sch. 3 Pt. 1 sums amended and confirmed (1.4.2012 for specified purposes, 2.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(j), 20(6), Sch. 5
Sch. 3 Pt. 1 sums amended and confirmed (1.4.2013) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(a), 19(1)(6), Sch. 5
1
The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 22F109(1)(a) and 23F109(1)(a) and (b)—
F118Column (1) | Column (2) | ||||
|---|---|---|---|---|---|
Person or couple | Amount | ||||
(1) | A single claimant who— | (1) | |||
(a) | is entitled to main phase employment and support allowance; | (a) | F123£74.70; | ||
(b) | is aged not less than 25; | (b) | F124£74.70; | ||
(c) | is aged less than 25. | (c) | F125£59.20. | ||
(2) | Lone parent who— | (2) | |||
(a) | is entitled to main phase employment and support allowance; | (a) | F126£74.70; | ||
(b) | is aged not less than 18; | (b) | F127£74.70; | ||
(c) | is aged less than 18. | (c) | F128£59.20. | ||
(3) | Couple where— | (3) | |||
(a) | the claimant is entitled to main phase employment and support allowance; | (a) | F129£117.40; | ||
(b) | at least one member is aged not less than 18; | (b) | F130£117.40; | ||
(c) | both members are aged less than 18. | (c) | F131£89.45. | ||
C3F391A
For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if—
a
each of the conditions in paragraph 21 is satisfied in relation to the claimant personally F112or the claimant is personally a member of the work-related activity group; or
b
the claimant personally is entitled to a converted employment and support allowanceF47, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).
2
C121
The amount specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 22F108(1)(b) and 23F108(1)(c)—
Column (1) | Column (2) |
|---|---|
Child or young person | Amount |
Persons in respect of the period— |
|
|
|
|
|
2
In column (1) of the table in paragraph (1), “the first Monday in September” means the Monday which first occurs in the month of September in any year.
PART 2Family premium
C11C163
F981
F45...The amount for the purposes of regulations 22(c) and 23(d) in respect of a family of which at least one member is a child or young person shall be—
F462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—
a
who was entitled to housing benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under F9sub-paragraph (1)(a) as in force on that date; or
b
who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent free period as defined in regulation 81(1) (rent free periods) and his applicable amount on that date would have included the amount applicable under F9sub-paragraph (1)(a) as in force on that date; or
c
on becoming entitled to housing benefit where that lone parent—
i
had been treated as entitled to that benefit in accordance with sub-paragraph (5)(a) as at the day before the date of claim for that benefit; and
ii
was entitled to council tax benefit as at the date of claim for housing benefit,
and in respect of whom, all of the conditions specified in sub-paragraph (4) have continued to apply.
4
The conditions specified for the purposes of sub-paragraph (3) are that, in respect of the period commencing on 6th April 1998—
a
the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to housing benefit;
b
the claimant has not ceased to be a lone parent;
c
where the claimant was entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has F29continuously, since that date, been entitled to income support, an income-based jobseeker's allowance or an income-related employment and support allowance or a combination of those benefits;
d
where the claimant was not entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has not become entitled to F30income support, an income-based jobseeker's allowance or an income-related employment and support allowance; and
5
For the purposes of sub-paragraphs (3)(c)(i) and (4)(a), a claimant shall be treated as entitled to housing benefit—
a
during any period where he was not, or had ceased to be, so entitled and throughout that period, he had been awarded council tax benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit Regulations 2006 (lone parent rate of family premium); or
b
during any rent free period as defined for the purposes of regulation 81(1).
PART 3Premiums
4
5
Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.
F116
- The following premiums, namely—
a
a severe disability premium to which paragraph 14 applies;
b
an enhanced disability premium to which paragraph 15 applies;
c
a disabled child premium to which paragraph 16 applies; and
d
a carer premium to which paragraph 17 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
7
1
Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—
a
in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 M1 applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and
b
any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the 1973 Act, or by F33Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 M2 or for any period during which he is in receipt of a training allowance.
2
For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of carer's allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, F59the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF138, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF61, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF145, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F62or armed forces independence payment.
Bereavement premiumF78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensioner Premium for persons under 75F149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensioner Premium for persons 75 and overF1510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Higher Pensioner PremiumF1611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disability Premium12
The condition is that—
a
where the claimant is a single claimant or a lone parent, F35has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13 is satisfied; or
b
where the claimant has a partner, either—
i
the claimant F35has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13(1)(a) or (b) is satisfied by him; or
ii
his partner F35has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13(1)(a) is satisfied by his partner.
F12Additional Condition for the...F13Disability Premium13
1
Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 11 and 12 is that either—
a
the claimant or, as the case may be, his partner—
i
is in receipt of one or more of the following benefits: attendance allowance, disability living allowanceF139, child disability payment, F64personal independence payment, F146adult disability payment,F65 armed forces independence payment, the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit Regulations, mobility supplement, long-term incapacity benefit under Part 2 of the Act or severe disablement allowance under Part 3 of the Act but, in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him; or
ii
was in receipt of long-term incapacity benefit under Part 2 of the Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act F97or a state pension under Part 1 of the Pensions Act 2014 and the claimant has since remained continuously entitled to housing benefit and, if the long-term incapacity benefit was payable to his partner, the partner is still a member of the family; or
F77iii
F1...was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of F2regulation 28(11)(e) (treatment of child care charges); or
F77iiia
was in receipt of personal independence payment that is no longer payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act.
F147iiib
was in receipt of adult disability payment that is no longer payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
iv
is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 M3 (other services) or, in Scotland by the Scottish Ministers, under section 46 of the National Health Service (Scotland) Act 1978 M4 (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland by the Scottish Ministers, under section 46 of the Act of 1978; or
F82v
is certified as severely sight impaired or blind by a consultant ophthalmologist; or
b
the claimant—
i
is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work); and
ii
has been incapable, or has been treated as incapable, of work for a continuous period of not less than—
aa
in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Act M5, 196 days;
bb
in any other case, 364 days.
F832
For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified
3
For the purposes of sub-paragraph (1)(b), once F17... the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).
F184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the 1973 Act M6 or for any period during which he is in receipt of a training allowance.
6
For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.
7
For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.
8
In the case of a claimant who is a welfare to work beneficiary F19(a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the Act)—
a
the reference to a period of 8 weeks in sub-paragraph (3); and
b
the reference to a period of 56 days in sub-paragraph (6),
shall in each case be treated as a reference to a period of F5104 weeks.
F249
The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work F25...
Severe Disability Premium14
1
The condition is that the claimant is a severely disabled person.
2
For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—
a
in the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—
i
he is in receipt of attendance allowance, F66the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF140, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF148, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF149, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F72or armed forces independence payment; and
ii
subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and
iii
no person is entitled to, and in receipt of, a carer's allowance under section 70 of the Act F88or has an award of universal credit which includes the carer element in respect of caring for him;
b
in the case of a claimant who has a partner—
i
the claimant is in receipt of attendance allowance, F67the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF141, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF150, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF151, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F73or armed forces independence payment; and
ii
iii
subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,
and either a person is F32entitled to and in receipt of a carer's allowance F88or has an award of universal credit which includes the carer element in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance F89or has such an award of universal credit in respect of caring for either member of a couple or any partner of a polygamous marriage.
3
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is F84severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
4
For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—
a
a person receiving attendance allowance, F69the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF142, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF152, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF153, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F71or armed forces independence payment; or
b
a person who is F85severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2).
5
For the purposes of sub-paragraph (2)(b) a person shall be treated—
a
as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
b
as being entitled to and in receipt of a carer's allowance F93or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled F94or have such an award of universal credit and in receipt.
F70c
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act, if he would, but for F78payment ceasing by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receipt.
F154d
as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022, if he would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt
6
7
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance F90or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance F91or had such an award of universal credit but for the application of a restriction under section F346B or 7 of the Social Security Fraud Act 2001 M7 (loss of benefit provisions).
Enhanced disability premium15
F261
Subject to sub-paragraph (2), the condition is that—
a
F27the Secretary of State has decided that the claimant has, or is to be treated as having, limited capability for work-related activity; or
b
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the Act in respect of—
i
the claimant; or
ii
a member of the claimant's family,
F143ba
the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations in respect of—
i
the claimant; or
ii
a member of the claimant’s family; or
c
the enhanced rate of the daily living component of personal independence payment is F79payable, or has ceased to be payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act, in respect of—
i
the claimant; or
ii
a member of the claimant’s family,
F155ca
the enhanced rate of the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 in respect of—
i
the claimant; or
ii
a member of the claimant’s family,
who has not attained the qualifying age for state pension credit; or
d
armed forces independence payment is payable in respect of (i) the claimant, or (ii) a member of the claimant’s family, who has not attained the qualifying age for state pension credit,
F411A
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant F44or partner is entitled to child benefit in respect of that person under section 145A of the Act (entitlement to child benefit after death of child or qualifying young person).
2
F42An enhanced disability premium shall not be applicable in respect ofF42The condition is not satisfied if the person to whom sub-paragraph (1) refers is—
a
a claimant who—
i
is not a member of a couple or a polygamous marriage; and
ii
is a patient within the meaning of F3regulation 28(11)(e) and has been for a period of more than 52 weeks; or
b
a member of a couple or a polygamous marriage where each member is a patient within the meaning of F28regulation 28(11)(e) and has been for a period of more than 52 weeks.
Disabled child premium16
The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—
a
is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or
F144aa
is in receipt of child disability payment; or
b
is F86severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13; or
F43c
is a child or young person in respect of whom section 145A of the Act (entitlement to child benefit after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s deathF57; or
d
F157da
is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 be so in receipt, provided that the young person continues to be a member of the family; or
e
is a young person who is in receipt of armed forces independence payment.
Carer premium17
1
The condition is that the claimant or his partner is, or both of them are, entitled to a carer's allowance under section 70 of the Act.
2
Where a carer premium is awarded but—
a
the person in respect of whose care the carer's allowance has been awarded dies; or
b
in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer's allowance,
the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).
3
The relevant date for the purposes of sub-paragraph (2) shall be—
a
where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer's allowance has been awarded or the date of death if the death occurred on a Sunday;
b
in any other case, the date on which the person who has been entitled to a carer's allowance ceases to be entitled to that allowance.
4
Where a person who has been entitled to a carer's allowance ceases to be entitled to that allowance and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—
a
the person in respect of whose care the carer's allowance has been awarded dies;
b
in any other case, the person who has been entitled to a carer's allowance ceased to be entitled to that allowance.
Persons in receipt of concessionary payments18
For the purpose of determining whether a premium is applicable to a person under paragraphs 13 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.
Person in receipt of benefit19
For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.
PART 4Amounts of premiums specified in Part 3
Sch. 3 para. 20(1) revoked (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), reg. 1(1), Sch.
Sch. 3 para. 20(2) omitted (19.5.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(10)(i)
Sch. 3 para. 20(3) omitted (19.5.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(10)(i)
Sch. 3 para. 20(4) omitted (19.5.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/1042), regs. 1(2), 3(10)(i)
Sums in Sch. 3 Pt. 4 para. 20(5) substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(8), Sch. 5
Sums in Sch. 3 Pt. 4 para. 20(6) substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(8), Sch. 5
Words in Sch. 3 para. 20(6)(b)(i) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(3)(a)
Words in Sch. 3 para. 20(6)(b)(ii) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 17(3)(b)
Sum in Sch. 3 Pt. 4 para. 20(7) substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(8), Sch. 5
Sum in Sch. 3 Pt. 4 para. 20(8) substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(8), Sch. 5
Words in Sch. 3 para. 20(9) omitted (1.11.2010) by virtue of The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/2449), regs. 1(2), 2(8)(b)
Sums in Sch. 3 Pt. 4 para. 20(9) substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(8), Sch. 5
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F23PART 5The F99component
Sch. 3 Pts. 5, 6 added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 23(d)
Word in Sch. 3 Pt. 5 heading substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(7)(a)(i) (with Sch. 2 paras. 1-7)
F5421
1
Subject to paragraph 22, the claimant is entitled toF101the component in paragraph 24 if—
a
the claimant or the claimant’s partner has made a claim for employment and support allowance;
b
F102the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and
c
one of the following applies—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;
ii
iii
the conditions in sub-paragraph (2) apply.
2
The conditions referred to in sub-paragraph (1)(c)(iii) are—
a
neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;
b
either is or both are entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work or limited capability for work); and
c
paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.
F3721A
Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowanceF48, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).
22
1
The claimant has no entitlement under paragraph F104... 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.
2
Where the claimant and the claimant’s partner each satisfies paragraph F105... 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.
The work-related activity componentF10623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The support component24
The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.
F137PART 6Amount of F100component
Sum in Sch. 3 para. 25 substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up Rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(9)(a)
Word in Sch. 3 Pt. 6 heading substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(7)(b)(i) (with Sch. 2 paras. 1-7)
25
26
The amount of the support component is F122£39.40.
F38PART 7Transitional Addition
Sch. 3 Pts. 7, 8 added (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 5 para. 69(5)(c) (with reg. 3)
27
1
The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant’s partner (“the relevant person”)—
a
is entitled to a converted employment and support allowanceF49, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance); or
b
is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—
i
is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations F75or regulation 26 of the Employment and Support Allowance Regulations 2013, in either case as modified by the Employment and Support Allowance (Existing Awards) Regulations; and
ii
is not in receipt of an income-related employment and support allowance,
unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil.
2
The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—
a
the reduction of the transitional addition to nil in accordance with paragraph 31;
b
the termination of the claimant’s award of housing benefit;
c
the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;
d
the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
F113e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
1
This paragraph applies where—
a
the claimant’s entitlement to a transitional addition ends, by virtue of the termination of the claimant’s award of housing benefit, under—
i
paragraph 27(2)(b);
ii
sub-paragraph (3)(b) of this paragraph; or
iii
paragraph 29(3)(b);
b
c
F52d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
at the date on which the claimant again becomes entitled to housing benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.
2
Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to housing benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.
3
The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—
a
the reduction of the transitional addition to nil in accordance with paragraph 31;
b
the termination of the claimant’s award of housing benefit;
c
the relevant person F56no longer satisfying the requirements of paragraph 27(1) or no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);
d
the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
F115e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
1
This paragraph applies where—
a
the claimant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—
i
paragraph 27(2)(c);
ii
paragraph 28(3)(c); or
iii
sub-paragraph (3)(c) of this paragraph;
b
F116... the relevant person again becomes entitled to an employment and support allowance which is not income-related;
F53c
at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations F76or regulation 86 of the Employment and Support Allowance Regulations 2013 applies to the relevant person; and
d
at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.
2
Where this paragraph applies, the claimant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for housing benefit purposes, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.
3
The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—
a
the reduction of the transitional addition to nil in accordance with paragraph 31;
b
the termination of the claimant’s award of housing benefit;
c
the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);
d
the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
F117e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 8Amount of transitional addition
30
1
Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.
2
Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person—
a
Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and
b
Amount B is the basic amount that applied on that day as a result of that decision.
3
Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations—
a
Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and
b
Amount B is the basic amount that applied on that day as a result of the relevant person being so treated.
4
31
1
Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant’s basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D.
2
If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil.
3
Amount C is the basic amount that applies as a result of the increase.
4
Amount D is the basic amount that applied immediately before the increase.
Sch. 3 Pt. 1 modified (1.4.2007 for specified purposes, 2.4.2007 in so far as not already in force) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(j), 19(6), Sch. 6