The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

• (a) to a third party in respect of a single applicant or a member of the family (but not a member of the third party’s family) must, where that payment is a payment of an occupational pension, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund, be treated as possessed by that single applicant or, as the case may be, by that member;

• (b) to a third party in respect of a single applicant or a member of the family (but not a member of the third party’s family) must, where it is not a payment referred to in paragraph (a), be treated as possessed by that single applicant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel or rent of that single applicant or, as the case may be, of any member of that family or is used for any council tax or water charges for which that applicant or member is liable;

• (c) to a single applicant or a member of the family in respect of a third party (but not in respect of another member of the family) must be treated as possessed by that single applicant or, as the case may be, that member of the family to the extent that it is kept or used by the single applicant or used by or on behalf of any member of the family.

• (4) Sub-paragraph (3) does not apply in respect of a payment of capital made—

• (a) under or by any of the Trusts, the Fund, the Eileen Trust, MFET Limited, the Independent Living Fund (2006), the Skipton Fund, the Caxton Foundation, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund or the London Bombings Relief Charitable Fund;

• (b) pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—

• (i) in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations 1996;

• (ii) in a training scheme specified in regulation 75(1)(b) of those Regulations; or

• (iii) in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations;

• (c) in respect of a person’s participation in the Work for Your Benefit Pilot Scheme;

• (d) in respect of a person’s participation in the Mandatory Work Activity Scheme;

• (e) in respect of an applicant’s participation in the Employment, Skills and Enterprise Scheme;

• (f) under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—

• (i) a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980;

• (ii) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

• (iii) the person referred to in sub-paragraph (i) and any member of that person’s family does not possess, or is not treated as possessing, any other income apart from that payment.

• (5) Where an applicant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, the applicant may be treated as if the applicant were such sole owner or partner and in such a case—

• (a) the value of the applicant’s holding in that company must, notwithstanding paragraph 26 (calculation of capital) be disregarded; and

• (b) the applicant must, subject to sub-paragraph (6), be treated as possessing an amount of capital equal to the value or, as the case may be, the applicant’s share of the value of the capital of that company and the foregoing provisions of this Chapter apply for the purposes of calculating that amount as if it were actual capital which the applicant does possess.

• (6) For so long as the applicant undertakes activities in the course of the business of the company, the amount which the applicant is treated as possessing under sub-paragraph (5) is to be disregarded.

• (7) Where an applicant is treated as possessing capital under any of sub-paragraphs (1), (2) or (3) the foregoing provisions of this Chapter apply for the purposes of calculating its amount as if it were actual capital which the applicant does possess.

Diminishing notional capital rule: persons who are not pensioners

31

• (1) Where an applicant who is not a pensioner is treated as possessing capital under paragraph 30(1) (notional capital), the amount which the applicant is treated as possessing—

• (a) in the case of a week that is subsequent to—

• (i) the relevant week in respect of which the conditions set out in sub-paragraph (2) are satisfied; or

• (ii) a week which follows that relevant week and which satisfies those conditions,

is to be reduced by an amount determined under sub-paragraph (3);

• (b) in the case of a week in respect of which sub-paragraph (1)(a) does not apply but where—

• (i) that week is a week subsequent to the relevant week; and

• (ii) that relevant week is a week in which the condition in sub-paragraph (4) is satisfied,

is to be reduced by the amount determined under sub-paragraph (5).

• (2) This sub-paragraph applies to a reduction week where the applicant satisfies the conditions that—

• (a) the applicant is in receipt of a reduction in council tax under an authority’s scheme; and

• (b) but for paragraph 30(1) the applicant would have received a greater reduction in council tax under an authority’s scheme in that week.

• (3) In a case to which sub-paragraph (2) applies, the amount of the reduction in the amount of capital the applicant is treated as possessing for the purposes of sub-paragraph (1)(a) is equal to the aggregate of—

• (a) an amount equal to the additional amount of the reduction in council tax to which sub-paragraph (2)(b) refers;

• (b) where the applicant has also claimed housing benefit, the amount of any housing benefit or any additional amount of that benefit to which the applicant would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 49(1) of the Housing Benefit Regulations 2006²²² (notional capital);

• (c) where the applicant has also claimed income support, the amount of income support to which the applicant would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 51(1) of the Income Support (General) Regulations 1987 (notional capital);

• (d) where the applicant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which the applicant would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations 1996²²³ (notional capital); and

• (e) where the applicant has also claimed an employment and support allowance, the amount of an income related employment and support allowance to which the applicant would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations 2008²²⁴ (notional capital).

• (4) Subject to sub-paragraph (7), for the purposes of sub-paragraph (1)(b) the condition is that the applicant is not a pensioner and would have been entitled to a reduction in council tax in the relevant week but for paragraph 30(1).

• (5) In such a case the amount of the reduction in the amount of capital the applicant is treated as possessing must be equal to the aggregate of—

• (a) the amount of council tax benefit to which the applicant would have been entitled in the relevant week but for paragraph 30(1);

• (b) if the applicant would, but for regulation 49(1) of the Housing Benefit Regulations 2006, have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week which includes the last day of the relevant week, the amount which is equal to—

• (i) in a case where no housing benefit is payable, the amount to which the applicant would have been entitled; or

• (ii) in any other case, the amount equal to the additional amount of housing benefit to which the applicant would have been entitled;

• (c) if the applicant would, but for regulation 51(1) of the Income Support (General) Regulations 1987, have been entitled to income support in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which the applicant would have been entitled;

• (d) if the applicant would, but for regulation 113 of the Jobseeker’s Allowance Regulations 1996, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(3) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which the applicant would have been entitled; and

• (e) if the applicant would, but for regulation 115 of the Employment and Support Allowance Regulations 2008, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which the applicant would have been entitled.

• (6) But if the amount mentioned in paragraph (a), (b), (c), (d) or (e) of sub-paragraph (5) (“the relevant amount”) is in respect of a part-week, the amount that is to be taken into account under that paragraph is to be determined by—

• (a) dividing the relevant amount by the number equal to the number of days in that part-week, and

• (b) multiplying the result of that calculation by 7.

• (7) The amount determined under sub-paragraph (5) is to be re-determined under the appropriate sub-paragraph if the applicant makes a further application for a reduction in council tax and the conditions in sub-paragraph (8) are satisfied, and in such a case—

• (a) paragraphs (a) to (e) of sub-paragraph (5) apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and

• (b) subject to sub-paragraph (9), the amount as re-determined has effect from the first week following the relevant subsequent week in question.

• (8) The conditions are that—

• (a) a further application is made 26 or more weeks after—

• (i) the date on which the applicant made an application for a reduction in council tax in respect of which the applicant was first treated as possessing the capital in question under paragraph 30(1);

• (ii) in a case where there has been at least one re-determination in accordance with sub-paragraph (7), the date on which the applicant last made an application for a reduction in council tax which resulted in the weekly amount being re-determined, or

• (iii) the date on which the applicant last ceased to be entitled to a reduction in council tax,

whichever last occurred; and

• (b) the applicant would have been entitled to a reduction in council tax under an authority’s scheme but for paragraph 30(1).

• (9) The amount as re-determined pursuant to sub-paragraph (7) must not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount must continue to have effect.

• (10) For the purposes of this paragraph—

• “part-week” (“rhan-wythnos”)— in relation to an amount mentioned in sub-paragraph (5)(a), means a period of less than a week for which a reduction in council tax under an authority’s scheme is allowed; in relation to an amount mentioned in sub-paragraph (5)(b), means a period of less than a week for which housing benefit is payable; in relation to an amount mentioned in sub-paragraph (5)(c), (d) or (e), means— a period of less than a week which is the whole period for which income support, an income-related employment and support allowance or, as the case may be, an income-based jobseeker’s allowance is payable; and any other period of less than a week for which it is payable;

• “relevant week” (“wythnos berthnasol”) means the reduction week or part-week in which the capital in question of which the applicant has deprived himself or herself within the meaning of paragraph 30(1)— was first taken into account for the purpose of determining the applicant’s entitlement to a reduction; or was taken into account on a subsequent occasion for the purpose of determining or re-determining the applicant’s entitlement to a reduction on that subsequent occasion and that determination or redetermination resulted in the applicant beginning to receive, or ceasing to receive, a reduction, and where more than one reduction week is identified by reference to paragraphs (a) and (b) of this definition, the later or latest such reduction week or, as the case may be, the later or latest such part-week is the relevant week;

• “relevant subsequent week” (“wythnos ddilynol berthnasol”) means the reduction week or part-week which includes the day on which the further application or, if more than one further application has been made, the last such application was made.

Capital jointly held: persons who are not pensioners

32

Except where an applicant possesses capital which is disregarded under paragraph 30(5) (notional capital), where an applicant and one or more persons are beneficially entitled in possession to any capital asset they must be treated, in the absence of evidence to the contrary, as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Chapter apply for the purposes of calculating the amount of capital which the applicant is treated as possessing as if it were actual capital which the applicant does possess.

Calculation of tariff income: persons who are not pensioners

33

The capital of an applicant who is not a pensioner, calculated in accordance with this Schedule, is to be treated as if it were a weekly income of—

• (a) £1 for each complete £250 in excess of £6,000 but not exceeding £16,000;

• (b) £1 for any excess which is not a complete £250.

PART 5 — Extended reductions: persons who are not pensioners

Extended reductions: persons who are not pensioners

34

• (1) An applicant who is entitled to a reduction under an authority’s scheme (by virtue of falling within class C or D) is to be entitled to an extended reduction where—

• (a) the applicant or the applicant’s partner was entitled to a qualifying income-related benefit;

• (b) entitlement to a qualifying income-related benefit ceased because the applicant or the applicant’s partner—

• (i) commenced employment as an employed or self-employed earner;

• (ii) increased their earnings from such employment; or

• (iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, those increased earnings or increased number of hours are expected to last five weeks or more; and

• (c) the applicant or the applicant’s partner had been entitled to and in receipt of a qualifying income-related benefit, jobseeker’s allowance or a combination of those benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying income-related benefit ceased.

• (2) For the purpose of sub-paragraph (1)(c), an applicant or an applicant’s partner is to be treated as having been entitled to and in receipt of a qualifying income-related benefit or jobseeker’s allowance during any period of less than five weeks in respect of which the applicant or the applicant’s partner was not entitled to any of those benefits because the applicant or the applicant’s partner was engaged in remunerative work as a consequence of their participation in an employment zone programme.

• (3) For the purpose of this paragraph, where an applicant or an applicant’s partner is entitled to and in receipt of joint-claim jobseeker’s allowance they are to be treated as being entitled to and in receipt of jobseeker’s allowance.

• (4) An applicant must be treated as entitled to a reduction under an authority’s scheme by virtue of falling within class C or D where—

• (a) the applicant ceased to be entitled to a reduction under an authority’s scheme because the applicant vacated the dwelling in which the applicant was resident;

• (b) the day on which the applicant vacated the dwelling was either in the week in which entitlement to a qualifying income-related benefit ceased, or in the preceding week; and

• (c) entitlement to the qualifying income-related benefit ceased in any of the circumstances listed in sub-paragraph (1)(b).

• (5) This paragraph does not apply where, on the day before an applicant’s entitlement to income support ceased, regulation 6(5) of the Income Support (General) Regulations 1987 (remunerative work: housing costs) applied to that applicant.

Duration of extended reduction: persons who are not pensioners

35

• (1) Where an applicant is entitled to an extended reduction, the extended reduction period starts on the day immediately following the day on which the applicant, or the applicant’s partner, ceased to be entitled to a qualifying income-related benefit.

• (2) The extended reduction period ends—

• (a) at the end of a period of four weeks; or

• (b) on the date on which the applicant to whom the extended reduction is payable has no liability for council tax, if that occurs first.

Amount of extended reduction: persons who are not pensioners

36

• (1) For any week during the extended reduction period the amount of the extended reduction to which an applicant is entitled is to be the greater of the amount of the reduction under an authority’s scheme to which—

• (a) the applicant was entitled by virtue of falling within class C or D in the last reduction week before the applicant or the applicant’s partner ceased to be entitled to a qualifying income-related benefit;

• (b) the applicant would be entitled by virtue of falling within class C or D for any reduction week during the extended reduction period, if paragraph 34 (extended reductions: persons who are not pensioners) did not apply to the applicant; or

• (c) the applicant’s partner would be entitled by virtue of falling within class C or D, if paragraph 34 did not apply to the applicant.

• (2) Sub-paragraph (1) does not apply in the case of a mover.

• (3) Where an applicant is in receipt of an extended reduction under this paragraph and the applicant’s partner makes an application for a reduction under an authority’s scheme, no amount of reduction under an authority’s scheme is to be awarded by the authority during the extended reduction period.

Extended reductions-movers: persons who are not pensioners

37

• (1) This paragraph applies—

• (a) to a mover; and

• (b) from the Monday following the day of the move.

• (2) The amount of the extended reduction awarded from the Monday from which this paragraph applies until the end of the extended reduction period is to be the amount of reduction under the authority’s (“the first authority”) scheme to which the mover would have been entitled had the mover, or the mover’s partner, not ceased to be entitled to a qualifying income-related benefit.

• (3) Where a mover’s liability to pay council tax in respect of the new dwelling is to a second authority, the extended reduction (qualifying contributory benefits) may take the form of a payment from the first authority to—

• (a) the second authority; or

• (b) the mover directly.

Relationship between extended reduction and entitlement to reduction by virtue of falling within class C or D

38

• (1) Where an applicant’s reduction under an authority’s scheme would have ended when the applicant ceased to be entitled to a qualifying income-related benefit in the circumstances listed in paragraph 34(1)(b), that entitlement does not cease until the end of the extended reduction period.

• (2) Paragraphs 45 and 46 (period of entitlement and change of circumstances) do not apply to any extended reduction payable in accordance with paragraph 36(1)(a) or 37(2) (amount of extended reduction-movers: persons who are not pensioners).

Extended reductions (qualifying contributory benefits): persons who are not pensioners

39

• (1) An applicant who is entitled to a reduction under an authority’s scheme (by virtue of falling within class C or D) will be entitled to an extended reduction (qualifying contributory benefits) where—

• (a) the applicant or the applicant’s partner was entitled to a qualifying contributory benefit;

• (b) entitlement to a qualifying contributory benefit ceased because the applicant or the applicant’s partner—

• (i) commenced employment as an employed or self-employed earner;

• (ii) increased their earnings from such employment; or

• (iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, those increased earnings or increased number of hours are expected to last five weeks or more;

• (c) the applicant or the applicant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and

• (d) the applicant or the applicant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last reduction week in which the applicant, or the applicant’s partner, was entitled to a qualifying contributory benefit.

• (2) An applicant must be treated as entitled to a reduction under an authority’s scheme by virtue of falling within class C or D where—

• (a) the applicant ceased to be entitled to a reduction under an authority’s scheme because the applicant vacated the dwelling in which the applicant was resident;

• (b) the day on which the applicant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and

• (c) entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in sub-paragraph (1)(b).

Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners

40

• (1) Where an applicant is entitled to an extended reduction (qualifying contributory benefits), the extended reduction period starts on the day immediately following the day on which the applicant, or the applicant’s partner, ceased to be entitled to a qualifying contributory benefit.

• (2) The extended reduction period ends—

• (a) at the end of a period of four weeks; or

• (b) on the date on which the applicant entitled to the extended reduction (qualifying contributory benefits) has no liability for council tax, if that occurs first.

Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners

41

• (1) For any week during the extended reduction period the amount of the extended reduction (qualifying contributory benefits) payable to an applicant is to be the greater of the amount of reduction under an authority’s scheme—

• (a) to which the applicant was entitled by virtue of falling within class C or D in the last reduction week before the applicant or the applicant’s partner ceased to be entitled to a qualifying contributory benefit;

• (b) to which the applicant would be entitled by virtue of falling within class C or D for any reduction week during the extended reduction period, if paragraph 39 (extended reductions (qualifying contributory benefits): persons who are not pensioners) did not apply to the applicant; or

• (c) to which the applicant’s partner would be entitled by virtue of falling within class C or D, if paragraph 39 did not apply to the applicant.

• (2) Sub-paragraph (1) does not apply in the case of a mover.

• (3) Where an applicant is in receipt of an extended reduction (qualifying contributory benefits) under this paragraph and the applicant’s partner makes an application for a reduction under an authority’s scheme, no amount of reduction under an authority’s scheme is to be awarded by the authority during the extended reduction period.

Extended reductions (qualifying contributory benefits)-movers: persons who are not pensioners

42

• (1) This paragraph applies—

• (a) to a mover; and

• (b) from the Monday following the day of the move.

• (2) The amount of the extended reduction (qualifying contributory benefits) awarded from the Monday from which this paragraph applies until the end of the extended reduction period is to be the amount of reduction under the authority’s (the first authority’s) scheme which was awarded to the mover for the last reduction week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.

• (3) Where a mover’s liability to pay council tax in respect of the new dwelling is to a second billing authority, the extended reduction (qualifying contributory benefits) may take the form of a payment from the first authority to—

• (a) that second authority; or

• (b) the mover directly.

Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of falling within class C or D

43

• (1) Where an applicant’s reduction under an authority’s scheme would have ended when the applicant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in paragraph 39(1)(b), that reduction does not cease until the end of the extended reduction period.

• (2) Paragraphs 45 and 46 (period of entitlement and change of circumstances) do not apply to any extended reduction (qualifying contributory benefits) payable in accordance with paragraphs 41(1)(a) or 42(2) (amount of extended reduction-movers: persons who are not pensioners).

Extended reductions: movers into the authority’s area: persons who are not pensioners

44

• (1) Where—

• (a) an application is made to an authority for a reduction under its scheme, and

• (b) the applicant, or the partner of the applicant, is in receipt of an extended reduction from—

• (i) another billing authority in Wales;

• (ii) a billing authority in England;

• (iii) a local authority in Scotland; or

• (iv) a local authority in Northern Ireland,

the authority must reduce any reduction to which the applicant is entitled under its scheme by the amount of that extended reduction.

• (2) For the purposes of this paragraph “billing authority” (“awdurdod bilio”) means a billing authority as defined in section 1 of the 1992 Act.

PART 6 — Period of entitlement and change of circumstances

Date on which entitlement begins: persons who are not pensioners

45

Any person by whom or in respect of whom an application for a reduction under an authority’s scheme is made and who is otherwise entitled to that reduction is to be so entitled from the date on which the application is treated as made in accordance with paragraph 2 of Schedule 13.

Date on which change of circumstances is to take effect: persons who are not pensioners

46

• (1) Except in cases where paragraph 23 (disregard of changes in tax, contributions, etc) applies and subject to the following provisions of this paragraph a change of circumstances which affects entitlement to, or the amount of, a reduction under an authority’s scheme (“change of circumstances”), takes effect from the first day on which the change actually occurs.

• (2) Where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs will be the day immediately following the last day of entitlement to that benefit.

• (3) Subject to sub-paragraph (4), where the change of circumstances is a change in the amount of council tax payable, it takes effect from the day on which it actually occurs.

• (4) Where the change of circumstances is a change in the amount a person is liable to pay in respect of council tax in consequence of regulations under section 13 of the 1992 Act (reduced amounts of council tax) or changes in the discount to which a dwelling may be subject under section 11(E)(1) or 11F(2) of that Act, it is to take effect from the day on which the change in amount has effect.

• (5) Where the change of circumstances is the applicant’s acquisition of a partner, the change takes effect on the day on which the acquisition takes place.

• (6) Where the change of circumstances is the death of an applicant’s partner or their separation, it takes effect on the day the death or separation occurs.

• (7) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the SSCBA, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances is to take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of an authority’s scheme.

• (8) Without prejudice to sub-paragraph (7), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances takes effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of an authority’s scheme.

SCHEDULE 7 — Applicable amounts: persons who are not pensioners

PART 1

Personal allowances

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) are to be the amounts specified for the purposes of paragraphs 1(1)(a) and 2(2)(a) and (b) of Schedule 6.

Column (1)Person or couple	Column (2)Amount
1A single applicant who —
is entitled to main phase employment and support allowance;	£101.85;
is aged not less than 25;	£101.85;
is aged not less than 18 but less than 25.	£80.60.
2Lone parent.	£101.85.
3Couple.	£159.85.

2

For the purposes of paragraph 1, an applicant is entitled to main phase employment and support allowance if—

• (a) paragraph 18 is satisfied in relation to the applicant or the applicant is a member of the work-related activity group; or

• (b) the applicant is entitled to a converted employment and support allowance.

3

• (1) The amounts specified in column (2) below in respect of each person specified in column (1) are, for the relevant period specified in column (1), be the amounts specified for the purposes of paragraphs 1(1)(b) and 2(2)(c) of Schedule 6—

Column (1)Child or Young person	Column (2)Amount
Person in respect of the period—
beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	£87.88;
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	£87.88.

• (2) In column (1) of the table in sub-paragraph (1), “the first Monday in September” (“y dydd Llun cyntaf ym Medi”) means the Monday which first occurs in the month of September in any year.

PART 2 — Family premium

4

• (1) The amount for the purposes of paragraphs 1(1)(c) and (2)(d) of Schedule 6 in respect of a family of which at least one member is a child or young person is to be—

• (a) where the applicant is a lone parent to whom sub-paragraph (2) applies, £22.20;

• (b) in any other case, £20.22.

• (2) The amount in sub-paragraph (1)(a) is to be applicable to a lone parent—

• (a) who was entitled to council tax benefit on 5 April 1998 and whose applicable amount on that date included the amount applicable under paragraph 3(1) of Schedule 1 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006²²⁵ as in force on that date; or

• (b) on becoming entitled to council tax benefit where that lone parent—

• (i) had been treated as entitled to that benefit in accordance with sub-paragraph (3) as at the day before the date of claim for that benefit; and

• (ii) was entitled to housing benefit as at the date of claim for council tax benefit or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 81 of the Housing Benefit Regulations 2006²²⁶,

and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.

• (3) The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6 April 1998—

• (a) the applicant has not ceased to be entitled, or has not ceased to be treated as entitled, to—

• (i) council tax benefit (in relation to the period prior to 1 April 2013), and

• (ii) a reduction under an authority’s scheme (in relation to the period commencing on 1 April 2013);

• (b) the applicant has not ceased to be a lone parent;

• (c) where the applicant was entitled to income support or to an income-based jobseeker’s allowance on 5 April 1998, the applicant has continuously, since that date, been entitled to income support, an income-based jobseeker’s allowance or income-related employment and support allowance or a combination of those benefits;

• (d) where the applicant was not entitled to income support or to an income-based jobseeker’s allowance on 5 April 1998, the applicant has not become entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance; and

• (e) a premium under paragraph 9, or a component under paragraph 21 or 22, has not become applicable to the applicant.

• (4) For the purposes of sub-paragraphs (2)(b)(i) and (3)(a), an applicant is to be treated as entitled to council tax benefit during any period where the applicant was not, or had ceased to be, so entitled and—

• (a) throughout that period, the applicant had been awarded housing benefit and the applicant’s applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 3 to the Housing Benefit Regulations 2006 (lone parent rate of family premium); or

• (b) the applicant would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 81 of the Housing Benefit Regulations 2006 and the applicant’s applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 3 to those Regulations.

PART 3 — Premiums

5

Except as provided in paragraph 6, the premiums specified in Part 4 are, for the purposes of paragraphs 1(1)(d) and 2(e) of Schedule 6, to be applicable to an applicant who satisfies the condition specified in paragraphs 9 to 14 in respect of that premium.

6

Subject to paragraph 7, where an applicant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium is to be applicable to the applicant and, if they are different amounts, the higher or highest amount is to apply.

7

The following premiums, namely—

• (a) a severe disability premium to which paragraph 11 applies;

• (b) an enhanced disability premium to which paragraph 12 applies;

• (c) a disabled child premium to which paragraph 13 applies; and

• (d) a carer premium to which paragraph 14 applies,

may be applicable in addition to any other premium which may apply under this Schedule.

8

• (1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to an applicant under this Part, a person is to be treated as being in receipt of any benefit for—

• (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979²²⁷ applies, any period during which, apart from the provisions of those Regulations, that person would be in receipt of that benefit; and

• (b) any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State or the Welsh Ministers under section 2 of the Employment and Training Act 1973²²⁸ or by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990²²⁹ or for any period during which that person is in receipt of a training allowance.

• (2) For the purposes of the carer premium under paragraph 14, a person is to be treated as being in receipt of carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA or the daily living component of personal independence payment payable under Part 4 of the Welfare Reform Act 2012, or AFIP.

Disability premium

9

The condition is that—

• (a) where the applicant is a single applicant or a lone parent, the applicant has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10 is satisfied; or

• (b) where the applicant has a partner, either—

• (i) the applicant has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10(1)(a) or (b) is satisfied by the applicant; or

• (ii) the applicant’s partner has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10(1)(a) is satisfied by the applicant’s partner.

Additional condition for the disability premium

10

• (1) Subject to sub-paragraph (2) and paragraph 8, the additional condition referred to in paragraph 9 is that either—

• (a) the applicant or, as the case may be, the applicant’s partner—

• (i) is in receipt of one or more of the following benefits: attendance allowance, disability living allowance, personal independence payment, AFIP, the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002²³⁰, mobility supplement, long-term incapacity benefit under Part 2 of the SSCBA or severe disablement allowance under Part 3 of that Act but, in the case of long-term incapacity benefit or severe disablement allowance, only where it is paid in respect of the applicant; or

• (ii) was in receipt of long-term incapacity benefit under Part 2 of the SSCBA when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act or a state pension under Part 1 of the Pensions Act 2014 and the applicant has since remained continuously entitled to—

• (aa) council tax benefit (in relation to the period to 1 April 2013), or

• (bb) a reduction under an authority’s scheme (in relation to the period commencing 1 April 2013), and

if the long-term incapacity benefit was payable to the applicant’s partner, the partner is still a member of the family; or

• (iii) was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the SSCBA or otherwise abated as a consequence of the applicant or the applicant’s partner becoming a patient within the meaning of paragraph 21(11)(i) of Schedule 6 (treatment of child care charges); or

• (iv) was in receipt of personal independence payment, but payment of that benefit has been suspended in accordance with section 86 of the Welfare Reform Act 2012 as a consequence of the applicant becoming a patient within the meaning of paragraph 21 of Schedule 6 (treatment of child care charges); or

• (v) was in receipt of AFIP, but payment has been suspended in accordance with any terms of the armed and reserve forces compensation scheme which allow for suspension because a person is undergoing medical treatment in a hospital or similar institution; or

• (vi) is provided with an invalid carriage or other vehicle by the Secretary of State or an integrated care board under paragraph 9 of Schedule 1 to the National Health Service Act 2006²³¹ or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978²³² (provision of services by Scottish Ministers) or, in Wales, under section 5 of, and Schedule 1 to the National Health Service (Wales) Act 2006²³³ or, in Northern Ireland, is provided with an invalid carriage or other vehicle by the Department of Health, Social Services and Public Safety under article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972, or receives payments by way of grant from the Secretary of State under paragraph 10(3) of Schedule 1 to the Act of 2006²³⁴ (provision of vehicles for disabled persons) or, in Scotland by the Scottish Ministers under section 46 of the Act of 1978; or

• (vii) is blind and in consequence is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services), or is severely sight-impaired and in consequence is registered as severely sight-impaired in a register established and maintained by a local authority under section 18(1) of the Social Services and Well-being (Wales) Act 2014 or section 77(1) of the Care Act 2014, or in Scotland has been certified as blind and in consequence is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; or

• (b) the applicant—

• (i) is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the SSCBA (incapacity for work); and

• (ii) has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

• (aa) in the case of an applicant who is terminally ill within the meaning of section 30B(4) of the SSCBA, 196 days;

• (bb) in any other case, 364 days.

• (2) For the purposes of sub-paragraph (1)(a)(vii), a person who has ceased to be registered as blind or severely sight-impaired on regaining that person’s eyesight is nevertheless to be treated as blind or severely sight-impaired and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which that person ceased to be so registered.

• (3) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of the applicant’s satisfying the additional condition specified in that provision, if the applicant then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work the applicant is, on again becoming so incapable of work, to immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

• (4) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of the applicant satisfying the additional condition specified in that provision, the applicant is to continue to be treated as satisfying that condition for any period spent by the applicant in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which the applicant is in receipt of a training allowance.

• (5) For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods are to be treated as one continuous period.

• (6) For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the SSCBA (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to that person is or was equal to or greater than the long-term rate.

• (7) In the case of an applicant who is a welfare to work beneficiary (a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995²³⁵ applies, and who again becomes incapable of work for the purposes of Part 12A of the SSCBA)—

• (a) the reference to a period of 8 weeks in sub-paragraph (3); and

• (b) the reference to a period of 56 days in sub-paragraph (5),

is in each case to be treated as a reference to a period of 104 weeks.

• (8) The applicant is not entitled to the disability premium if the applicant has, or is treated as having, limited capability for work.

Severe disability premium

11

• (1) The condition is that the applicant is a severely disabled person.

• (2) For the purposes of sub-paragraph (1), an applicant is to be treated as being a severely disabled person if, and only if—

• (a) in the case of a single applicant, a lone parent or an applicant who is treated as having no partner in consequence of sub-paragraph (3)—

• (i) the applicant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA or the daily living component of personal independence payment payable at either rate under Part 4 of the Welfare Reform Act 2012, or AFIP; and

• (ii) subject to sub-paragraph (4), the applicant has no non-dependants aged 18 or over normally residing with the applicant with whom the applicant is normally residing; and

• (iii) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the SSCBA or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013 in respect of caring for the applicant;

• (b) in the case of an applicant who has a partner—

• (i) the applicant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA or the daily living component of personal independence payment payable at either rate under Part 4 of the Welfare Reform Act 2012, or AFIP; and

• (ii) the applicant’s partner is also in receipt of such an allowance or, if the applicant is a member of a polygamous marriage, all the members of that marriage are in receipt of such an allowance; and

• (iii) subject to sub-paragraph (4), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant is normally residing,

and either a person is entitled to and in receipt of a carer’s allowance or has an award of universal credit which includes the carer element in respect of caring for only one member of a couple or, in the case of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance or has such an award of universal credit in respect of caring for either member of a couple or any member of a polygamous marriage.

• (3) Where an applicant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or severely sight-impaired or is treated as such within the meaning of paragraph 10(1)(a)(vii) and (2), that partner is to be treated for the purposes of sub-paragraph (2)(b)(ii) as if that person were not a partner of the applicant.

• (4) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account is to be taken of—

• (a) a person receiving attendance allowance, or disability living allowance by virtue of the care component at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or AFIP; or

• (b) a person who is blind or severely sight-impaired or is treated as such within the meaning of paragraph 10(1)(a)(vii) and (2).

• (5) For the purposes of sub-paragraph (2)(b) a person is to be treated—

• (a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA or the daily living component of personal independence payment payable at either rate under Part 4 of the Welfare Reform Act 2012, or AFIP, if that person would, but for that person’s being a patient for a period exceeding 28 days, be so in receipt;

• (b) as being entitled to and in receipt of a carer’s allowance or having an award of universal credit which includes the carer element if that person would, but for the person for whom that person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt or have such an award of universal credit.

• (6) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account is to be taken of an award of carer’s allowance or an award of universal credit which includes the carer element to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid.

• (7) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance or having an award of universal credit which includes the carer element are to include references to a person who would have been in receipt of that allowance or had such an award of universal credit but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001²³⁶ (loss of benefit provisions).

Enhanced disability premium

12

• (1) Subject to sub-paragraph (2), the condition is that—

• (a) the Secretary of State has decided that the applicant has, or is to be treated as having, limited capability for work-related activity; or

• (b) the care component of disability living allowance is, or would be payable at the highest rate prescribed under section 72(3) of the SSCBA, but for a suspension of benefit in accordance with regulations made under section 113(2) of the SSCBA or but for an abatement as a consequence of hospitalisation, in respect of—

• (i) the applicant; or

• (ii) a member of the applicant’s family,

who has not attained the qualifying age for state pension credit; or

• (c) the daily living component of personal independence payment is, or would be payable at the enhanced rate prescribed in accordance with section 78(2) of the Welfare Reform Act 2012, but for a suspension of benefit in accordance with section 86 of the Welfare Reform Act 2012 in respect of—

• (i) the applicant; or

• (ii) a member of the applicant’s family,

who has not attained the qualifying age for state pension credit: or

• (d) AFIP is payable in respect of—

• (i) the applicant; or

• (ii) a member of the applicant’s family,

who has not attained the qualifying age for state pension credit.

• (2) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the applicant or partner is entitled to child benefit in respect of that child or young person under section 145A of the SSCBA (entitlement after death of child or qualifying young person).

• (3) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

• (a) an applicant who—

• (i) is not a member of a couple or a polygamous marriage; and

• (ii) is a patient within the meaning of paragraph 21(11)(g) of Schedule 6 (treatment of child care charges) and has been for a period of more than 52 weeks; or

• (b) a member of a couple or a polygamous marriage where each member is a patient within the meaning of paragraph 21(11)(g) of Schedule 6 and has been for a period of more than 52 weeks.

Disabled child premium

13

The condition is that a child or young person for whom the applicant or a partner of the applicant is responsible and who is a member of the applicant’s household—

• (a) is in receipt of disability living allowance or personal independence payment or is no longer in receipt of such allowance because the child or young person is a patient, provided that the child or young person continues to be a member of the family; or

• (b) is blind or severely sight-impaired or is treated as such within the meaning of paragraph 10; or

• (c) is a child or young person in respect of whom section 145A of the SSCBA (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the applicant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the applicant’s applicable amount because of that child or young person’s death; or

• (d) is in receipt of AFIP.

Carer premium

14

• (1) The condition is that the applicant or the applicant’s partner is, or both of them are, entitled to a carer’s allowance under section 70 of the SSCBA.

• (2) Where a carer premium is awarded but—

• (a) the person in respect of whose care the carer’s allowance has been awarded dies; or

• (b) in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer’s allowance,

the condition for the award of the premium is to be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).

• (3) The relevant date for the purposes of sub-paragraph (2) is to be—

• (a) where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer’s allowance has been awarded or the date of death if the death occurred on a Sunday;

• (b) in any other case, the date on which the person who has been entitled to a carer’s allowance ceases to be entitled to that allowance.

• (4) Where a person who has been entitled to a carer’s allowance ceases to be entitled to that allowance and makes an application for a reduction, the condition for the award of the carer premium is to be treated as satisfied for a period of eight weeks from the date on which—

• (a) the person in respect of whose care the carer’s allowance has been awarded dies;

• (b) in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

Persons in receipt of concessionary payments

15

For the purpose of determining whether a premium is applicable to a person under paragraphs 10 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.

Persons in receipt of benefit for another

16

For the purposes of this Part of this Schedule, a person is to be regarded as being in receipt of any benefit if, and only if, it is paid in respect of that person and is to be so regarded only for any period in respect of which that benefit is paid.

PART 4 — Amounts of premiums specified in Part 3

17

• (1) Disability Premium—

PART 5 — The components

18

Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if—

• (a) the applicant or the applicant’s partner has made a claim for employment and support allowance;

• (b) the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and

• (c) either—

• (i) the assessment phase as defined in section 24(2) of the Welfare Reform Act 2007²³⁷ has ended; or

• (ii) regulation 7 of the Employment and Support Allowance Regulations 2008²³⁸or regulation 7 of the Employment and Support Allowance Regulations 2013 (circumstances where the condition that the assessment phase has ended before entitlement to the support component ... arises does not apply) applies.

19

Subject to paragraph 20, the applicant is entitled to one, but not both, of the components in paragraphs 21 and 22 if the applicant or the applicant’s partner is entitled to a converted employment and support allowance.

20

• (1) The applicant has no entitlement under paragraph 21 or 22 if the applicant is entitled to the disability premium under paragraphs 9 and 10.

• (2) Where the applicant and the applicant’s partner each satisfy paragraph 21 or 22, the component to be included in the applicant’s applicable amount is that which relates to the applicant.

The work-related activity component

21

The applicant is entitled to the work-related activity component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work.

The support component

22

The applicant is entitled to the support component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work-related activity.

PART 6 — Amount of components

23

The amount of the work-related activity component is £37.95.

24

The amount of the support component is £50.35.

PART 7 — Transitional addition

25

• (1) The applicant is entitled to the transitional addition calculated in accordance with paragraph 28 where the applicant or the applicant’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 (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No 2) Regulations 2010²³⁹ and—

• (i) 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 or regulation 26 of the Employment and Support Allowance Regulations 2013; 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 28 would be nil.

• (2) The applicant’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 29;

• (b) the termination of the applicant’s award of reduction under an authority’s scheme;

• (c) the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;

• (d) the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

• (e) 5 April 2020.

26

• (1) This paragraph applies where—

• (a) the applicant’s entitlement to a transitional addition, ends by virtue of the termination of the applicant’s award of reduction, under—

• (i) paragraph 25(2)(b);

• (ii) sub-paragraph (3)(b) of this paragraph; or

• (iii) paragraph 27(3)(b);

• (b) within 12 weeks of that termination but before 5 April 2020 the applicant again becomes entitled to a reduction under an authority’s scheme;

• (c) in the reduction week in which the applicant again becomes entitled to a reduction under an authority’s scheme the relevant person is entitled to an employment and support allowance which is not income related; and

• (d) at the date on which the applicant again becomes entitled to a reduction under an authority’s scheme, neither the applicant nor the applicant’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 applicant is entitled, with effect from the day on which the applicant again becomes entitled to a reduction under an authority’s scheme, to a transitional addition of the amount of the transitional addition that would have applied had the applicant’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 29), unless the amount of the transitional addition would be nil.

• (3) The applicant’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 29;

• (b) the termination of the applicant’s award of a reduction under an authority’s scheme;

• (c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

• (d) the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

• (e) 5 April 2020.

27

• (1) This paragraph applies where—

• (a) the applicant’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 25(2)(c);

• (ii) paragraph 26(3)(c); or

• (iii) sub-paragraph (3)(c);

• (b) before 5 April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related;

• (c) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations 2008 or regulation 86 of the Employment and Support Allowance Regulations 2013 applies to the relevant person; and

• (d) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, neither the applicant nor the applicant’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 applicant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for the purposes of a reduction under an authority’s scheme, to a transitional addition of the amount of the transitional addition that would have applied had the applicant’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 29), unless the amount of the transitional addition would be nil.

• (3) The applicant’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 29;

• (b) the termination of the applicant’s award of a reduction under an authority’s scheme;

• (c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);

• (d) the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

• (e) 5 April 2020.

PART 8 — Amount of transitional addition

28

• (1) Subject to paragraph 29, 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 (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (“the 2010 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 2010 Regulations 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 2010 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 29, “basic amount” (“swm sylfaenol”) means the aggregate of such amounts as may apply in the applicant’s case in accordance with paragraph 1(1)(a) to (e) or paragraph (2)(2 )(a) to (f) of Schedule 6.

29

• (1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the applicant’s basic amount, the transitional addition that applies immediately before the change of circumstances is to 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 is to 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.

SCHEDULE 8 — Sums disregarded in the calculation of earnings: persons who are not pensioners

1

In the case of an applicant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

• (a) where—

• (i) the employment has been terminated because of retirement; and

• (ii) on retirement the applicant is entitled to a retirement pension under the SSCBA or a state pension under Part 1 of the Pensions Act 2014, or is not so entitled solely because of the applicant’s failure to satisfy the contribution conditions or to have the minimum number of qualifying years,

any earnings paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

• (b) where before the first day of entitlement to a reduction under an authority’s scheme the employment has been terminated otherwise than because of retirement, any earnings paid or due to be paid in respect of that employment except—

• (i) any payment of the nature described in—

• (aa) paragraph 14(1)(e) of Schedule 6 to these Regulations, or

• (bb) section 28, 64 or 68 of the Employment Rights Act 1996²⁴⁰ (guarantee payments, suspension from work on medical or maternity grounds); and

• (ii) any award, sum or payment of the nature described in—

• (aa) paragraph 14(1)(g) or (i) of Schedule 6 to these Regulations, or

• (bb) section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),

including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings;

• (c) where before the first day of entitlement to a reduction under an authority’s scheme—

• (i) the employment has not been terminated, but

• (ii) the applicant is not engaged in remunerative work,

any earnings paid or due to be paid in respect of that employment except any payment or remuneration of the nature described in paragraph 1(b)(i) or (ii)(bb) or paragraph 14(1)(j) of Schedule 6.

2

In the case of an applicant who, before the first day of entitlement to a reduction under an authority’s scheme—

• (a) has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain; and

• (b) has ceased to be engaged in that employment, whether or not that employment has been terminated,

any earnings paid or due to be paid in respect of that employment except—

• (i) where that employment has been terminated, any payment of the nature described in paragraph 1(b)(i) or (ii)(bb);

• (ii) where that employment has not been terminated, any payment or remuneration of the nature described in paragraph 1(b)(i) or (ii)(bb) or paragraph 14(1)(j) of Schedule 6.

3

In the case of an applicant who has been engaged in remunerative work or part-time employment as a self employed earner or, had the employment been in Great Britain, would have been so engaged and who has ceased to be so employed, from the date of the cessation of the applicant’s employment, any earnings derived from that employment except earnings to which paragraph 16(3) of Schedule 6 (earnings of self-employed earners) apply.

4