OpenLegislation

Paragraph 28 F1

(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), or

(iii)

paragraph 29(3)(b);

(b)

within F212 weeks of that termination F3... the claimant again becomes entitled to housing benefit;

(c)

in the benefit week in which the claimant again becomes entitled to housing benefit the relevant person F4satisfies the requirements of paragraph 27(1) or is entitled to an employment and support allowance which is not income-related; F5and

F6(d)

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

(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 F7no longer satisfying the requirements of paragraph 27(1)(a) 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;

F8(e)

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

Annotations

Textual amendments

F1

Sch. 4 Pts. 7, 8 added (1.10.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), reg. 1, Sch. 4 para. 1(5)(c)

F2

Word in Sch. 4 para. 28(1)(b) substituted (28.11.2016) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 3(a)

F3

Words in Sch. 4 para. 28(1)(b) omitted (4.4.2020) by virtue of The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 3(b)(i)

F4

Words in Sch. 4 para. 28(1)(c) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/67), regs. 1(1), 6(3)(b)(i)

F5

Word in Sch. 4 para. 28(1)(c) inserted (28.11.2016) by The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 3(b)

F6

Sch. 4 para. 28(1)(d) omitted (28.11.2016) by virtue of The Employment and Support Allowance (Amendment of Linking Rules) Regulations (Northern Ireland) 2016 (S.R. 2016/176), regs. 1(2), 3(c)

F7

Words in Sch. 4 para. 28(3)(c) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/67), regs. 1(1), 6(3)(b)(ii)

F8

Sch. 4 para. 28(3)(e) omitted (4.4.2020) by virtue of The Employment and Support Allowance and the Housing Benefit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/45), regs. 1(1), 3(b)(ii)

Notes on Schedule 4

Modifications

C1

Sch. 4 applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 17(2)