EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Housing Benefit Regulations 2006.
The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907) (the “Existing Awards Regulations”) make provision for the payment of a transitional addition to certain claimants whose existing awards of income support, incapacity benefit or severe disablement allowance have been converted to an award of an employment and support allowance (“ESA”). Regulation 21 of the Existing Awards Regulations provides for the termination of the transitional addition.
Regulation 2 of the Employment and Support Allowance (Transitional Provisions) Regulations 2020 (S.I. 2020/102) removes the end date of 5th April 2020 for the payment of transitional additions to ESA claimants. Payment of a claimant’s transitional addition will now end when it reduces to nil or when the claimant’s entitlement to ESA comes to an end.
These Regulations ensure that those ESA claimants who also receive a transitional amount of Housing Benefit (paid so that their applicable amount of Housing Benefit was not reduced when their award was converted to ESA) will continue to do so after 5th April 2020.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.