PART 7Transitional Addition
25.—(1) The applicant is entitled to the transitional addition calculated in accordance with paragraph 28 where the applicant or the applicant’s partner (“the relevant person”)—
(a)is entitled to a converted employment and support allowance; or
(b)is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No 2) Regulations 2008 and—
(i)is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations 2008 as modified by the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No 2) Regulations 2010; and
(ii)is not in receipt of an income-related employment and support allowance,
unless the amount of the transitional addition calculated in accordance with paragraph 28 of this Schedule would be nil.
(2) The applicant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—
(a)the reduction of the transitional addition to nil in accordance with paragraph 29 of this Schedule;
(b)the termination of the applicant’s award of reduction under this scheme;
(c)the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;
(d)the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
(e)5th April 2020.
26.—(1) This paragraph applies where—
(a)the applicant’s entitlement to a transitional addition ends, by virtue of the termination of the applicant’s award of reduction, under—
(i)paragraph 25(2)(b) of this Schedule;
(ii)sub-paragraph (3)(b) of this paragraph; or
(iii)paragraph 27(3)(b) of this Schedule;
(b)within 12 weeks of that termination but before 5th April 2020 the applicant again becomes entitled to a reduction under this scheme;
(c)in the reduction week in which the applicant again becomes entitled to a reduction under this scheme the relevant person is entitled to an employment and support allowance which is not income-related; and
(d)at the date on which the applicant again becomes entitled to a reduction under this scheme, neither the applicant nor the applicant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.
(2) Where this paragraph applies, the applicant is entitled, with effect from the day on which the applicant again becomes entitled to a reduction under this scheme, to a transitional addition of the amount of the transitional addition that would have applied had the applicant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 29), unless the amount of the transitional addition would be nil.
(3) The applicant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—
(a)the reduction of the transitional addition to nil in accordance with paragraph 29 of this Schedule;
(b)the termination of the applicant’s award of a reduction under this scheme;
(c)the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);
(d)the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
(e)5th April 2020.
27.—(1) This paragraph applies where—
(a)the applicant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—
(i)paragraph 25(2)(c) of this Schedule;
(ii)paragraph 26(3)(c) of this Schedule; or
(iii)sub-paragraph (3)(c) of this paragraph;
(b)before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related;
(c)at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations 2008 applies to the relevant person; and
(d)at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, neither the applicant nor the applicant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.
(2) Where this paragraph applies, the applicant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for the purposes of a reduction under this scheme, to a transitional addition of the amount of the transitional addition that would have applied had the applicant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 29 of this Schedule), unless the amount of the transitional addition would be nil.
(3) The applicant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—
(a)the reduction of the transitional addition to nil in accordance with paragraph 29 of this Schedule;
(b)the termination of the applicant’s award of a reduction under this scheme;
(c)the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);
(d)the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
(e)5th April 2020.