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The Income Support (Transitional) Amendment Regulations 1988

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Amendment of regulation 14 of the Transitional Regulations

9.  In regulation 14 of the Transitional Regulations (reduction and termination of transitional and personal expenses addition) —

(a)in paragraph (1)(a) at the end there shall be added the words “but this sub-paragraph shall not apply to an increase to which regulation 13(3) applies (increase in personal expenses)”;

(b)in paragraph (1)(b) after the words “transitional addition” there shall be inserted the words “or, as the case may be, to a transitional addition and special transitional addition”;

(c)after paragraph (1) there shall be added the following paragraphs —

(1A) Notwithstanding paragraph (1)(a) or (d) where regulation 22 of the General Regulations (reductions in applicable amounts) ceases to apply to the claimant and as a result his applicable amount increases, his transitional addition shall not be reduced by the amount of that increase.

(1B) Notwithstanding paragraph (1) (a) or (d) where a person has entered accommodation referred to in any of sub-paragraphs (a) to (d) of the definition of residential accommodation in regulation 21(3) of the General Regulations (special cases), or a residential care home or nursing home, for a period of 8 weeks or less and as a result his applicable amount increases, his transitional addition shall not be reduced by the amount of that increase.;

(d)in paragraph (3) for all the words after the word “shall”, there shall be substituted the words —

“if he becomes re-entitled to income support not more than 8 weeks after the day on which he has ceased to be so entitled, in the benefit week in which he becomes re-entitled, be re-entitled to a transitional addition of an amount equal to the amount of the transitional addition to which he was previously entitled subject to any reduction in that amount which would have occurred under paragraph (1)(a) had he remained entitled to income support.”.

(e)in paragraph (4) for all the words after the word "shall," there shall be substituted the words —

“if not more than 8 weeks after the day on which he ceased to be so entitled neither the reason in sub-paragraph (a) nor (b) applies to him, be re-entitled to a transitional addition of an amount equal to the amount by which his total benefit income in his first benefit week exceeds his total benefit income in the benefit week in which neither sub-paragraph applies to him, or the amount to which he was previously entitled, whichever is the lower.”.

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