Paragraph 27 F1

England, Wales and Scotland

(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 F3or 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;

F4(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: 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)
F2: Words in Sch. 3 para. 27(1)(a) inserted (E.W.S.) (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 7(1)(2)(c)
F3: Words in Sch. 3 para. 27(1)(b)(i) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 35(9)(b)(i)
F4: Sch. 3 para. 27(2)(e) omitted (4.4.2020) by virtue of The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020 (S.I. 2020/288), regs. 1, 2(2)