The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

The notice commencing the conversion phase

4.—(1) Subject to paragraph (5), the Secretary of State may at any time issue a notice to any person who is entitled to an existing award.

(2) Any person to whom such a notice is issued is referred to in these Regulations as a notified person.

(3) The notice must inform the notified person—

(a) that an existing award is to be converted into an award of an employment and support allowance if certain conditions are satisfied;

(b) that, if those conditions are not satisfied, the existing award will not be converted and will terminate by virtue of these Regulations;

(c) of the requirements that must be met in order to satisfy those conditions; and

(d) of such other matters as the Secretary of State considers appropriate.

(4) The issue of the notice to a notified person begins the conversion phase in relation to that person, with effect from the date of issue.

(5) No notice may be issued to any person—

(a) who reaches pensionable age at any time before 6th April 2014; or

(b) at any time when payment of the existing award to the person is subject to adjustment under regulation 4 of the Social Security (Transitional Payments) Regulations 2009(1) (adjustment of subsequent payments following an adjusting payment of benefit).

(6) Where a person is entitled to—

(a) an existing award of incapacity benefit or severe disablement allowance; and

(b) an existing award of income support,

the notice issued to the person under this regulation shall have effect in relation to both such awards.

(1)

S.I. 2009/609.