The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010

Reducing the transitional addition: increases for adult dependants

20.—(1) Paragraphs (2) and (3) apply to any person (“T”) who—

(a) on the day before the effective date of T’s conversion decision, was entitled in connection with an existing award of incapacity benefit or severe disablement allowance to an increase under—

(i) section 86A of the Contributions and Benefits Act(1) (incapacity benefit: increases for adult dependants), or

(ii) section 90 of the Contributions and Benefits Act (adult dependants of beneficiaries in receipt of severe disablement allowance); and

(b) on and after the effective date, is entitled by virtue of these Regulations to an employment and support allowance which includes an amount by way of a transitional addition.

(2) The amount of the transitional addition shall be reduced in accordance with paragraph (3) on the occurrence, on or after the effective date, of any of the following events—

(a) the death of the adult dependant in respect of whom T was entitled to the increase referred to in paragraph (1)(a);

(b) the permanent separation of T and that adult dependant;

(c) the termination of the entitlement of either T or that adult dependant to child benefit; or

(d) the award to that adult dependant of a personal benefit (within the meaning of the Social Security (Overlapping Benefits) Regulations 1979(2)) which is equal to or more than the amount which, on the day before the effective date, was the amount of the increase referred to in paragraph (1)(a) to which T was entitled.

(3) The amount of the transitional addition shall be reduced (but not below nil) by a sum equal to the amount which, on the day before the effective date, was the amount of the increase referred to in paragraph (1)(a) to which T was entitled.

(1)

Section 86A was inserted by section 2(5) of the Social Security (Incapacity for Work) Act 1994.

(2)

S.I. 1979/597.