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Regulation 12 Special provisions for persons in board and lodging accommodation and hostels

United Kingdom

(1)

Where a claimant is temporarily absent for F1a period not exceeding 13 weeks which includes his first or second benefit week (or both) from his board and lodging accommodation or his hostel and, in the case of board and lodging accommodation was immediately before his absence entitled to an increase under regulation 9(7) of the Requirements Regulations M1 (modifications of requirements of boarders), he shall, notwithstanding regulation 14 (reduction and termination of transitional addition), on his return to that accommodation be entitled to a transitional addition of an amount equal to the difference between–

(a)

the amount that his total benefit income in his first benefit week would have been had he been entitled in respect of that week to supplementary benefit on the basis that he was in that board and lodging accommodation or hostel; and, if less,

(b)

the amount of his total benefit income in the first complete benefit week in respect of which his applicable amount for the purpose of calculating his entitlement to income support is to be calculated under Schedule 5 to the General Regulations (applicable amounts for persons in board and lodging accommodation and hostels).

(2)

If a claimant becomes entitled to a transitional addition under paragraph (1) he shall cease to be entitled to any transitional addition to which he would, but for this provision, be entitled under regulation 10 (transitional addition) while not in board and lodging accommodation or a hostel.

(3)

Where a claimant who is in board and lodging accommodation or a hostel and who is entitled to a transitional addition under paragraph (1) or regulation 10 (transitional addition) temporarily leaves his board and lodging accommodation or a hostel for a period of 8 weeks or less or, if he becomes a patient, for a period of 14 weeks or less and, in the case of board and lodging accommodation he is entitled to an increase under paragraph 7 of Schedule 5 to the General Regulations, any increase in his applicable amount for the purpose of calculating his entitlement to income support on his return to that accommodation shall be disregarded for the purpose of regulation 14(1) (reduction in transitional addition).

(4)

Regulation 14(3) F2and (4) (re-entitlement to a transitional addition after periods of 8 weeks or less) shall apply to a claimant who is in board and lodging accommodation and entitled to an increase under paragraph 7 of Schedule 5 to the General Regulations, or in a hostel and who, in either case was immediately before the period of 8 weeks, entitled to a transitional addition under paragraph (1) or regulation 10 notwithstanding that the amount of the transitional addition to which he is entitled is less than £10.

Annotations

Textual amendments

F1

Words in reg. 12(1) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 7(a)

F2

Words in reg. 12(4) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 7(b)

Marginal citations

M1

S.I. 1983/1399; the relevant amending instruments are S.I. 1985/1835 and 1986/1292.