The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

(2) In the application of this Schedule to a beneficiary whose award of an employment and support allowance is by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (“the 2010 Regulations”), any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under those Regulations. (3) Where a specified benefit awarded to a beneficiary is subject to conversion under the 2010 Regulations and— (a) immediately before the effective date of the conversion decision made in relation to the beneficiary, any deduction is being made in accordance with this Schedule from sums payable to the beneficiary by way of the specified benefit; and (b) with effect from that date, the award of specified benefit is converted into an award of an employment and support allowance under the 2010 Regulations, any deduction falling within paragraph (a) shall have effect as a deduction from the employment and support allowance to which the beneficiary is entitled.

Community Charges (Deductions from Income Support) (No. 2) Regulations 1990

23

Regulation 1 of the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 (citation, commencement and interpretation) is to be read as if, after paragraph (2), there were inserted—

(2A) In the application of these Regulations to a debtor whose entitlement to an employment and support allowance is by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (“the 2010 Regulations”), any reference to an employment and support allowance includes any transitional addition to which the debtor is entitled under those Regulations. (2B) Where a debtor's award of income support is subject to conversion under the 2010 Regulations and— (a) immediately before the effective date of the conversion decision made in relation to the debtor, any deduction is being made under these Regulations from sums payable to the debtor by way of income support; and (b) with effect from that date, the award of income support is converted into an award of an employment and support allowance under the 2010 Regulations, any deduction falling within sub-paragraph (a) shall have effect as a deduction from the employment and support allowance to which the debtor is entitled.

Fines (Deductions from Income Support) Regulations 1992

24

Regulation 1 of the Fines (Deductions from Income Support) Regulations 1992 (citation, commencement and interpretation) is to be read as if, after paragraph (2), there were inserted—

(2A) In the application of these Regulations to an offender whose entitlement to an employment and support allowance is by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (“the 2010 Regulations”), any reference to an employment and support allowance includes any transitional addition to which the offender is entitled under those Regulations. (2B) Where an offender's award of income support is subject to conversion under the 2010 Regulations and— (a) immediately before the effective date of the conversion decision made in relation to the offender, any deduction is being made under these Regulations from sums payable to the offender by way of income support; and (b) with effect from that date, the award of income support is converted into an award of an employment and support allowance under the 2010 Regulations, any deduction falling within sub-paragraph (a) shall have effect as a deduction from the employment and support allowance to which the offender is entitled.

Council Tax (Deductions from Income Support) Regulations 1993

25

Regulation 1 of the Council Tax (Deductions from Income Support) Regulations 1993 (citation, commencement and interpretation) is to be read as if, after paragraph (2), there were inserted—

(2A) In the application of these Regulations to a debtor whose entitlement to an employment and support allowance is by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (“the 2010 Regulations”), any reference to an employment and support allowance includes any transitional addition to which the debtor is entitled under those Regulations. (2B) Where a debtor's award of income support is subject to conversion under the 2010 Regulations and— (a) immediately before the effective date of the conversion decision made in relation to the debtor, any deduction is being made under these Regulations from sums payable to the debtor by way of income support; and (b) on that date, the award of income support is converted into an award of an employment and support allowance under the 2010 Regulations, any deduction falling within sub-paragraph (a) shall have effect as a deduction from the employment and support allowance to which the debtor is entitled.

Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001

26

Regulation 5A of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001 (earnings factor credits eligibility for pensioners to whom employment and support allowance was payable) is to be read as if—

• (a) the word “or” at the end of paragraph (2)(b) were omitted; and

• (b) after that paragraph (2)(b), there were inserted—

(ba) that allowance was an employment and support allowance to which the pensioner was entitled by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 and either— (i) long-term incapacity benefit or severe disablement allowance was payable to the pensioner immediately before its conversion into an employment and support allowance in accordance with those Regulations; or (ii) the condition in sub-paragraph (b) was satisfied; or

SCHEDULE 3 — List of regulations that apply after the conversion phase

The regulations referred to in regulation 16(2)(e)(iii) are—

• The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974⁶⁰

• The Social Security (Benefit) (Members of the Forces) Regulations 1975⁶¹

• The Social Security (Airmen’s Benefits) Regulations 1975⁶²

• The Social Security (Mariners’ Benefits) Regulations 1975⁶³

• The Social Security (Credits) Regulations 1975⁶⁴

• The Social Security (Medical Evidence) Regulations 1976⁶⁵

• The Social Security (Overlapping Benefits) Regulations 1979⁶⁶

• The Statutory Sick Pay (General) Regulations 1982⁶⁷

• The Statutory Maternity Pay (General) Regulations 1986⁶⁸

• The Income Support (General) Regulations 1987⁶⁹

• The Social Security (Claims and Payments) Regulations 1987⁷⁰

• The Social Fund (Recovery by Deductions from Benefits) Regulations 1988⁷¹

• The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988⁷²

• The Social Fund Cold Weather Payments (General) Regulations 1988⁷³

• The Community Charges (Deductions from Income Support) (No.2) Regulations 1990⁷⁴

• The Child Support (Maintenance Assessment Procedure) Regulations 1992⁷⁵

• The Child Support (Maintenance Assessments and Special Cases) Regulations 1992⁷⁶

• The Fines (Deductions from Income Support) Regulations 1992⁷⁷

• The Council Tax (Deductions from Income Support) Regulations 1993⁷⁸

• The Jobseeker’s Allowance Regulations 1996⁷⁹

• The Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996⁸⁰

• The Child Support Departure Direction and Consequential Amendments Regulations 1996⁸¹

• The Social Security and Child Support (Decisions and Appeals) Regulations 1999⁸²

• The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000⁸³

• The Social Fund Winter Fuel Payment Regulations 2000⁸⁴

• The Child Support (Maintenance Calculations and Special Cases) Regulations 2000⁸⁵

• The Child Support (Variations) Regulations 2000⁸⁶

• The Child Support (Maintenance Calculation Procedure) Regulations 2000⁸⁷

• The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001⁸⁸

• The Children (Leaving Care) Social Security Benefits Regulations 2001⁸⁹

• The Social Security (Loss of Benefit) Regulations 2001⁹⁰

• The State Pension Credit Regulations 2002⁹¹

• The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003⁹²

• The Age-Related Payments Regulations 2005⁹³

• The Social Fund Maternity and Funeral Expenses (General) Regulations 2005⁹⁴

SCHEDULE 4 — Consequential amendments

The Social Security (Claims and Payments) Regulations 1987

1

In paragraph 8 of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (deductions from benefit and direct payments to third parties), in sub-paragraph (4), for paragraph (a)(iv) substitute—

(iv) in the case of an employment and support allowance, the applicable amount for the family as is awarded under paragraph (1)(a) and (b) of regulation 67 (prescribed amounts) or paragraph (1)(a) to (c) of regulation 68 (polygamous marriages) of the Employment and Support Allowance Regulations; or

The Employment and Support Allowance (Transitional Provisions) Regulations 2005

2

In regulation 2(3) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008 (claim for existing award), omit the words “severe disablement allowance,”.

SCHEDULE 5 — Amendments to legislation relating to Housing Benefit and Council Tax Benefit

PART 1 — AMENDMENT OF THE HOUSING BENEFIT REGULATIONS 2006

1

• (1) The Housing Benefit Regulations 2006 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “contributory employment and support allowance” insert—

“converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations;

; and

• (b) after the definition of “Employment and Support Allowance Regulations” insert—

“Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010;

• (3) In regulation 22 (applicable amounts) after paragraph (e) add—

(f) the amount of any transitional addition which may be applicable to him in accordance with Parts 7 and 8 of Schedule 3 (transitional addition).

• (4) In regulation 23 (polygamous marriages) after paragraph (f) add—

(g) the amount of any transitional addition which may be applicable to him in accordance with Parts 7 and 8 of Schedule 3 (transitional addition).

• (5) In Schedule 3 (applicable amounts)—

• (a) for paragraph 1A substitute—

(1A) For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if— (a) each of the conditions in paragraph 21 is satisfied in relation to the claimant personally; or (b) the claimant personally is entitled to a converted employment and support allowance.

• (b) after paragraph 21 insert—

(21A) Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if the claimant or the claimant's partner is entitled to a converted employment and support allowance.

; and

• (c) after Part 6 (amount of components) add—

(27) (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 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 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; (e) 5th April 2020. (28) (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) of this paragraph; or (iii) paragraph 29(3)(b); (b) within 104 weeks of that termination but before 5th April 2020 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 is entitled to an employment and support allowance which is not income-related; (d) if the period between the events mentioned in paragraphs (a) and (b) is more than 12 weeks, the intervening period is one to which regulation 145(2) (linking period where claimant is a work or training beneficiary) of the Employment and Support Allowance Regulations applies in respect of the relevant person; and (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 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; (e) 5th April 2020. (29) (1) This paragraph applies where— (a) the claimant's entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under— (i) paragraph 27(2)(c); (ii) paragraph 28(3)(c); or (iii) sub-paragraph (3)(c) of this paragraph; (b) before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related; (c) either— (i) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related regulation 145(1) of the Employment and Support Allowance Regulation applies to the relevant person; or (ii) the period between the events mentioned in paragraphs (a) and (b) is one to which regulation 145(2) of the Employment and Support Allowance Regulations applies in respect of the relevant person; and (d) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, 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 that the relevant person's entitlement to employment and support allowance takes effect for housing benefit purposes, 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 no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b); (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; (e) 5th April 2020. (30) (1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B. (2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person— (a) Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and (b) Amount B is the basic amount that applied on that day as a result of that decision. (3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations— (a) Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and (b) Amount B is the basic amount that applied on that day as a result of the relevant person being so treated. (4) In this paragraph and paragraph 31, “basic amount” means the aggregate of such amounts as may apply in the claimant's case in accordance with regulation 22(a) to (e) or regulation 23(a) to (f). (31) (1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant's basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D. (2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil. (3) Amount C is the basic amount that applies as a result of the increase. (4) Amount D is the basic amount that applied immediately before the increase.

PART 2

AMENDMENT OF THE COUNCIL TAX BENEFIT REGULATIONS 2006

2

• (1) The Council Tax Benefit Regulations 2006 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “contributory employment and support allowance” insert—

“converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations;

; and

• (b) after the definition of “Employment and Support Allowance Regulations” insert—

“Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010;

• (3) In regulation 12 (applicable amounts) after paragraph (e) add—

(f) the amount of any transitional addition which may be applicable to him in accordance with Parts 7 and 8 of Schedule 1 (transitional addition).

• (4) In regulation 13 (polygamous marriages) after paragraph (f) add—

(g) the amount of any transitional addition which may be applicable to him in accordance with Parts 7 and 8 of Schedule 1 (transitional addition).

• (5) In Schedule 1 (applicable amounts)—

• (a) for paragraph 1A substitute—

(1A) For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if— (a) paragraph 21 is satisfied in relation to the claimant; or (b) the claimant is entitled to a converted employment and support allowance.

• (b) after paragraph 21 insert—

(21A) Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 and 24 if the claimant or his partner is entitled to a converted employment and support allowance.

; and

• (c) after Part 6 (amount of components) add—

(27) (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 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 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 council tax 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; (e) 5th April 2020. (28) (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 council tax benefit, under— (i) paragraph 27(2)(b); (ii) sub-paragraph (3)(b) of this paragraph; or (iii) paragraph 29(3)(b); (b) within 104 weeks of that termination but before 5th April 2020 the claimant again becomes entitled to council tax benefit; (c) in the benefit week in which the claimant again becomes entitled to council tax benefit the relevant person is entitled to an employment and support allowance which is not income-related; (d) if the period between the events mentioned in paragraphs (a) and (b) is more than 12 weeks, the intervening period is one to which regulation 145(2) (linking period where claimant is a work or training beneficiary) of the Employment and Support Allowance Regulations applies in respect of the relevant person; and (e) at the date on which the claimant again becomes entitled to council tax 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 council tax 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 council tax benefit; (c) the relevant person 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; (e) 5th April 2020. (29) (1) This paragraph applies where— (a) the claimant's entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under— (i) paragraph 27(2)(c); (ii) paragraph 28(3)(c); or (iii) sub-paragraph (3)(c) of this paragraph; (b) before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related; (c) either— (i) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related regulation 145(1) of the Employment and Support Allowance Regulation applies to the relevant person; or (ii) the period between the events mentioned in paragraphs (a) and (b) is one to which regulation 145(2) of the Employment and Support Allowance Regulations applies in respect of the relevant person; and (d) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, 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 that the relevant person's entitlement to employment and support allowance takes effect for council tax benefit purposes, 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 council tax benefit; (c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b); (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; (e) 5th April 2020. (30) (1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B. (2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person— (a) Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and (b) Amount B is the basic amount that applied on that day as a result of that decision. (3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations— (a) Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and (b) Amount B is the basic amount that applied on that day as a result of the relevant person being so treated. (4) In this paragraph and paragraph 31, “basic amount” means the aggregate of such amounts as may apply in the claimant's case in accordance with regulation 12(a) to (e) or regulation 13(a) to (f). (31) (1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant's basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D. (2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil. (3) Amount C is the basic amount that applies as a result of the increase. (4) Amount D is the basic amount that applied immediately before the increase.

PART 3

AMENDMENT OF THE HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 2001

3

• (1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.

• (2) In regulation 7(2) (decisions superseding earlier decisions)—

• (a) in sub-paragraph (i) after “sub-paragraph (o)” insert “ , (p) or (q) ”;

• (b) after sub-paragraph (o) add—

(p) where— (i) the claimant has been awarded entitlement to housing benefit or council tax benefit; (ii) the claimant or the claimant's partner has had an award of benefit converted to an employment and support allowance in accordance with regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010; and (iii) subsequent to the first day of the period to which that entitlement to housing benefit or council tax benefit relates, the Secretary of State makes a decision to supersede the award of employment and support allowance to award a different component; (q) where the claimant has been awarded entitlement to housing benefit or council tax benefit and subsequent to the first day of the period to which that entitlement relates— (i) a conversion decision of the kind set out in regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 takes effect in respect of the claimant or the claimant's partner; or (ii) the claimant 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 and 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.

• (3) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—

• (a) in paragraph (14D)—

• (i) after “regulation 7(2)(o)” insert “ or (p) ”; and

• (ii) in sub-paragraph (a) after “regulation 7(2)(o)(iii)” insert “ or (p)(iii) ”; and

• (b) after paragraph (14D) insert—

(14E) Where a decision is superseded in accordance with regulation 7(2)(q) the decision shall take effect— (a) where the decision made in accordance with the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 takes effect on or after 1st April in any year but before 16th April of that year— (i) from 1st April for a council tax benefit award; (ii) from 1st April for a housing benefit award in which the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation 80(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 61(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations; (iii) from the first Monday in April for a housing benefit award to which sub-paragraph (a)(ii) does not apply; (b) in any other case, from the day the decision made in accordance with the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 takes effect.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Chris Grayling — Minister of State, — 2010-07-27

Explanatory note

(This note is not part of the Regulations)

Footnotes

PART 1 — MODIFICATION OF PART 1 OF THE 2007 ACT

PART 2 — MODIFICATION OF THE 2008 REGULATIONS

PART 3 — MODIFICATION OF OTHER SECONDARY LEGISLATION

Social Security (Claims and Payments) Regulations 1987

PART 1 — MODIFICATION OF PART 1 OF THE 2007 ACT

PART 2 — MODIFICATION OF OTHER PRIMARY LEGISLATION

Social Security Act 1998

Social Security Contributions and Benefits Act 1992

PART 3 — MODIFICATION OF THE 2008 REGULATIONS

PART 4 — MODIFICATION OF OTHER SECONDARY LEGISLATION

Social Security (Claims and Payments) Regulations 1987

Community Charges (Deductions from Income Support) (No. 2) Regulations 1990

Fines (Deductions from Income Support) Regulations 1992

Council Tax (Deductions from Income Support) Regulations 1993

Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001

The regulations referred to in regulation 16(2)(e)(iii) are—

• The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974

• The Social Security (Benefit) (Members of the Forces) Regulations 1975

• The Social Security (Airmen's Benefits) Regulations 1975

• The Social Security (Mariners' Benefits) Regulations 1975

• The Social Security (Credits) Regulations 1975

• The Social Security (Medical Evidence) Regulations 1976

• The Social Security (Overlapping Benefits) Regulations 1979

• The Statutory Sick Pay (General) Regulations 1982

• The Statutory Maternity Pay (General) Regulations 1986

• The Income Support (General) Regulations 1987

• The Social Security (Claims and Payments) Regulations 1987

• The Social Fund (Recovery by Deductions from Benefits) Regulations 1988

• The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

• The Social Fund Cold Weather Payments (General) Regulations 1988

• The Community Charges (Deductions from Income Support) (No.2) Regulations 1990

• The Child Support (Maintenance Assessment Procedure) Regulations 1992

• The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

• The Fines (Deductions from Income Support) Regulations 1992

• The Council Tax (Deductions from Income Support) Regulations 1993

• The Jobseeker's Allowance Regulations 1996

• The Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996

• The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996

• The Child Support Departure Direction and Consequential Amendments Regulations 1996

• The Social Security and Child Support (Decisions and Appeals) Regulations 1999

• The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

• The Social Fund Winter Fuel Payment Regulations 2000

• The Child Support (Maintenance Calculations and Special Cases) Regulations 2000

• The Child Support (Variations) Regulations 2000

• The Child Support (Maintenance Calculation Procedure) Regulations 2000

• The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001

• The Children (Leaving Care) Social Security Benefits Regulations 2001

• The Social Security (Loss of Benefit) Regulations 2001

• The State Pension Credit Regulations 2002

• The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003

• The Social Security (Habitual Residence) Amendment Regulations 2004

• The Age-Related Payments Regulations 2005

• The Social Fund Maternity and Funeral Expenses (General) Regulations 2005

The Social Security (Claims and Payments) Regulations 1987

The Jobseeker’s Allowance Regulations 1996

PART 1 — AMENDMENT OF THE HOUSING BENEFIT REGULATIONS 2006

Editorial notes