Paragraph 25

(1)

The applicant is entitled to the transitional addition calculated in accordance with paragraph 28 where the applicant or the applicant’s partner (“the relevant person”)—

(a)

is entitled to a converted employment and support allowance; or

(b)

is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No 2) Regulations 2010^f1 F1or regulation 26 of the Employment and Support Allowance Regulations 2013 and—

(i)

is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations 2008 as modified by the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No 2) Regulations 2010; 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 28 of this Schedule would be nil.

(2)

The applicant’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 29 of this Schedule;

(b)

the termination of the applicant’s award of reduction under this scheme;

(c)

the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;

(d)

the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e)

5 April 2020.

Annotations

Textual amendments

F1: Words in Sch. Scheme Sch. 3 para. 25(1)(b)(i) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 28(h)

Footnotes

f1: S.I. 2010/1907.