The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010

Reducing the transitional addition: increases for dependent children N.I.

19.—(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 80 of the Contributions and Benefits Act(1) (beneficiary’s dependent children), or

(ii) section 90 of the Contributions and Benefits Act(2) (beneficiaries in receipt of severe disablement allowance) for a child dependant; 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 transitional addition.

(2) The amount of the transitional addition shall be reduced in accordance with paragraph (3) on the termination, on or after the effective date, of T’s entitlement to child benefit in respect of the child or qualifying young person—

(a) for whom; or

(b) for whose care by an adult dependant,

T was entitled to the increase referred to in paragraph (1)(a).

[F1 (3) The amount of the transitional addition shall be reduced, but not below nil, by a sum equal to the amount of the increase referred to in paragraph (1)(a) payable to T on the day before the effective date, in respect of the child or qualifying young person in relation to whom child benefit terminated.]

Textual Amendments

F1 Reg. 19(3) substituted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(9)

Commencement Information

I1 Reg. 19 in operation at 1.10.2010, see reg. 1

(1)

Increases in benefits in respect of children under section 80 were abolished by section 1(3)(e) of the Tax Credits Act 2002 (c. 21) and section 80 was repealed by Schedule 6 to that Act. See Article 2 of S.R. 2003 No. 212 for savings provisions

(2)

Severe disablement allowance was abolished by section 62 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and section 90 was amended by paragraph 25 of Schedule 8 to that Order. See Article 4 of S.R. 2000 No. 332 (C. 14) for savings provisions. Increases in benefits in respect of children under section 90 were abolished by section 1(3)(e) of the Tax Credits Act 2002 and section 90 was amended by Schedule 6 to that Act. See Article 2 of S.R. 2003 No. 212 for savings provisions