The Income Support (Transitional) Amendment Regulations 1988

Insertion of new regulation 7A into the Transitional Regulations

4.  After regulation 7 of the Transitional Regulations (transitional payments for former beneficiaries) there shall be inserted the following regulation —

“Transitional payments for persons claiming supplementary benefit

7A.— (1) Except where regulation 7 applies (transitional payments for former beneficiaries), where a person makes a claim for supplementary benefit in the week commencing 4th April 1988 and, but for regulation 7(1)(a) of the Supplementary Benefit (Determination of Questions) Regulations 1980(1) (date of commencement of entitlement), he would have been entitled to supplementary benefit for a week beginning with the day on which the claim is made, he shall, if —

(a) he is entitled to income support on the first day of his second benefit week; and

(b) he is a person to whom income support is payable in arrears,

be entitled to a transitional payment of income support in respect of a period of, or two consecutive periods of, 7 days determined in accordance with paragraph (2).

(2) For the purposes of paragraph (1) —

(a) in the case of an unemployed person, the transitional payment shall be in respect of two consecutive periods of 7 days commencing with the first day of his second benefit week;

(b) in any other case, the transitional payment shall be in respect of the period of 7 days commencing with the first day of his second benefit week.

(3) Subject to paragraph (4), the amount of the transitional payment in respect of any such period shall be equal to the amount of income support payable in arrears for the benefit week or, in the case of a claimant whose entitlement to income support is for a period of less than a benefit week, the amount which would have been payable had he been entitled to income support for the benefit week, commencing in the same calendar week as the period of seven days in respect of which the transitional payment is made.

(4) Where a person is entitled to income support for a period falling before the first day of his second benefit week, the amount of the transitional payment shall be reduced by the amount of income support payable for that period.

(5) The transitional payment shall be made in advance and, in a case to which paragraph (2)(a) applies, the transitional payment may be made in two instalments if it appears to the Secretary of State to be appropriate in the circumstances of the particular case.

(6) In calculating the income of a person entitled to a transitional payment under this regulation for the purpose of determining his entitlement to income support in respect of any day for which income support becomes payable to him in arrears there shall be disregarded any transitional payment payable to him under this regulation.

(7) Where a person is entitled to a transitional payment under this regulation or, but for his being a person to whom income support is payable in advance, would have been so entitled, Part II shall apply to him —

(a) as if he were a former beneficiary who had been entitled to supplementary benefit in the first benefit week; and

(b) as if that benefit week began on the day on which the claim for supplementary benefit was made.

(8) Where paragraph (7) applies, the amount of supplementary benefit to which that person is, for the purposes of Part II, to be treated as entitled shall be equal to the amount which would have been payable in the first benefit week had he been entitled to supplementary benefit for that week.”.

(1)

S.I. 1980/1643; relevant amending instruments are S.I. 1981/815, 1982/207, 1983/337 and 1984.458.