Regulation 10 Transitionally Protected Period

The transitionally protected period commences in the case of any particular claimant on the first day in the benefit week which commences in his case on or after 7th October 1996 and applies to a claimant—

The transitionally protected period ends in the case of any particular claimant on the last day in the benefit week which includes 6th April 1997 or, if earlier, on the termination of any period of entitlement to a contribution-based jobseeker’s allowance which does not link, in accordance with this regulation, with any subsequent period of entitlement to a contribution-based jobseeker’s allowance.

For the purposes of determining whether in any particular case the transitionally protected period has ended, periods of entitlement to a contribution-based jobseeker’s allowance—

and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.

Where a person—

that dependency increase shall be payable as an addition to the person’s contribution-based jobseeker’s allowance but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day, and the provisions of Part III of the Social Security (Dependency) Regulations 1977 M1 and Part III of the Social Security (Hospital In-Patients) Regulations 1975 M2 as they apply to unemployment benefit as in force on 6th October 1996 shall apply to it.

Where a person had not attained the age of 55 on the relevant day then for any week falling within the transitionally protected period in which he has still not attained that age section 30 of the Benefits Act shall apply in his case as if it had not been repealed, and the deductions prescribed under section 4(1)(b) in so far as they relate to pension payments shall not be made.

In the case of a person who, on the relevant day—

his continuing entitlement to a contribution-based jobseeker’s allowance shall be determined in the transitionally protected period as if those provisions of the Benefits Act continued to apply in his case and the requirement of section 1(2)(h) did not apply, but subject to section 5(1) and regulation 9 (further provisions applying to a continuing entitlement to a jobseeker’s allowance).

In the transitionally protected period, where the weekly amount payable in accordance with section 4(1)(a) is less than the amount of unemployment benefit payable in the claimant’s case for the benefit week which includes the relevant day or which would have been payable in that week, but for any adjustments made in that week, in accordance with paragraph 1 of F1Part I of Schedule 4 to the Benefits Act, the age-related amount applicable in that case shall be an amount equal to the amount formerly payable by way of unemployment benefit under that provision.

In paragraph (7) the reference to the amount of unemployment benefit includes a reference to the amount of unemployment benefit which would have been payable had not the claimant been summoned as a juror or been undergoing training.

Where a person is entitled to an income-based jobseeker’s allowance, an amount equal to any dependency increase payable to him in accordance with section 82 of the Benefits Act in respect of an adult dependant for the relevant day who does not reside with him, or any dependency increase payable to him in accordance with section 80(2)(a) of the Benefits Act in respect of the relevant day in respect of a child who does not reside with him, shall be—

but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day, or until the end of the benefit week which for him includes 7th April 1997, whichever is the earlier.

In a case where unemployment benefit was payable in respect of the relevant day and the benefit included an increase for an adult dependant, continuing entitlement to the benefit and the increase shall be determined as if the provisions of regulation 14(1)(b) of the Social Security (Overlapping Benefits) Regulations 1979 M3 continued to apply, notwithstanding that those provisions have ceased to have effect.

In the transitionally protected period, the provisions of regulation 14(2) of the Social Security (Overlapping Benefits) Regulations 1979 shall continue to apply in order to adjust the amount of unemployment benefit payable to a claimant for part of a week, notwithstanding that those provisions have ceased to have effect.