SCHEDULE 3Applicable amounts
F1PART 7Transitional Addition
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 allowanceF2, 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 F9or 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;
e
5th April 2020.
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
within F312 weeks of that termination but before 5th April 2020 the claimant again becomes entitled to housing benefit;
c
F5d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F8no 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;
e
5th April 2020.
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
before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related;
F6c
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 F10or 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;
e
5th April 2020.
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)