The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

38.  Regulation 75 (payments treated as not being payments to which section 3 of the 2007 Act applies) is to be read as if—

(a) the existing provisions were renumbered as paragraph (1);

(b) at the end of that paragraph there were added—

“(g) any pension payment or PPF periodic payment which is made to a notified person and which falls within paragraph (2).”; and

(c) after that paragraph there were added—

“(2) This paragraph applies to any pension payment or PPF periodic payment made to the notified person where, immediately before the effective date of the person’s conversion decision, section 30DD(1) of the Contributions and Benefits Act(1) (incapacity benefit: reduction for pension payments and PPF periodic payments)—

(a) did not apply to the notified person by virtue of regulation 26 of the Social Security (Incapacity Benefit) Regulations 1994(2) (persons whose benefit is not to be reduced under section 30DD(1)); or

(b) was not treated as applying to the notified person by virtue of—

(i) regulation 19(1)(c) or (2)(c) of those Regulations (persons formerly entitled to severe disablement allowance); or

(ii) article 3 of the Welfare Reform and Pensions Act 1999 (Commencement No.9, and Transitional and Savings Provisions) Order 2000(3) (transitional provision in relation to incapacity benefit).”.

(1)

Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c. 30) and amended by S.I. 2006/343.

(2)

S.I. 1994/2946.

(3)

S.I. 2000/2958.