SCHEDULE 1Applicable amount
PART 1Personal Allowances
1
The amount specified in column (2) below in respect of each person or couple specified in column (1) is the amount specified for the purposes of regulations 21(a) (applicable amount) and 22(a) and (b) (applicable amount: polygamous marriages)—
2
For the purposes of paragraph 1 an applicant is entitled to main phase employment and support allowance if—
a
paragraph F618 (components) is satisfied in relation to the applicant; or
b
the applicant is entitled to a converted employment and support allowance F7, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).
3
The amounts specified in column (2) below in respect of each person specified in column (1) are, for the relevant period specified in column (1), the amounts specified for the purposes of regulations 21(b) and 22(c)—
Column (1) | Column (2) |
|---|---|
Child or Young Person | Amount |
A person in respect of the period— | |
| F8£65.62 |
| F8£65.62 |
PART 2Family Premium
4
1
The amount for the purposes of regulations 21(c) and 22(d) in respect of a family of which at least one member is a child or young person is—
a
where the applicant is a lone parent to whom sub-paragraph (2) applies, £22.20;
b
in any other case, £17.40.
2
The amount in sub-paragraph (1)(a) is applicable to a lone parent—
a
who was entitled to council tax benefit under the Council Tax Benefit (General) Regulations 1992 (“the 1992 Regulations”) on 5th April 1998 and whose applicable amount on that date for the purpose of those Regulations included the amount applicable under paragraph F93(a) of Schedule 1 to those Regulations as in force on that date; or
b
on becoming entitled to council tax reduction where that lone parent—
i
had been treated as entitled to council tax reduction in accordance with sub-paragraph (4) or to council tax benefit in accordance with paragraph 3(5) of Schedule 1 (family premium) to the Council Tax Benefit Regulations 2006 M1 (“the 2006 Regulations”) as at the day before the date of application for council tax reduction; and
ii
was entitled to housing benefit as at the date of application for council tax reduction or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 81 of the Housing Benefit Regulations M2,
and in respect of whom, all of the conditions specified in sub-paragraph (3) continue to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998—
a
the applicant did not cease to be entitled, or did not cease to be treated as entitled, to council tax benefit under the 1992 Regulations or the 2006 Regulations at any time on or before 31st March 2013;
b
the applicant has not ceased to be entitled, or has not ceased to be treated as entitled, to council tax reduction;
c
the applicant has not ceased to be a lone parent;
d
where the applicant was entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, the applicant has continuously, since that date, been entitled to income support, an income-based jobseeker's allowance or income-related employment and support allowance or a combination of those benefits;
e
where the applicant was not entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, the applicant has not become entitled to income support, an income-based jobseeker's allowance or an income-related employment and support allowance; and
f
a premium or components under paragraph 9 (disability premium), paragraph 21 (work-related activity component) or paragraph 22 (support component) of this Schedule, paragraph 12 of Schedule 1 to the 1992 Regulations or paragraph 12, 23 or 24 of Schedule 1 to the Council Tax Benefit Regulations 2006 has not, or did not, become applicable to the applicant.
4
For the purposes of sub-paragraphs (2)(b)(i) and (3)(a), an applicant is to be treated as having been entitled to council tax reduction during any period where the applicant was not, or had ceased to be, entitled and—
a
throughout that period, the applicant had been awarded housing benefit and the applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 3 to the Housing Benefit Regulations M3 (lone parent rate of family premium); or
b
the applicant would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 81 of the Housing Benefit Regulations and the applicant's applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 3 to those Regulations.
PART 3Disability premiums
5
Except as provided in paragraph 6, a premium specified in Part 4 of this Schedule is, for the purposes of regulations 21(d) (applicable amount) and 22(e) (applicable amount: polygamous marriages), applicable to an applicant who satisfies the conditions specified in paragraphs 9 to 14 which relate to that premium.
6
Subject to paragraph 7, where an applicant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium is applicable to the applicant and, if they are of different amounts, the higher or highest amount applies.
7
The following premiums, namely—
a
a severe disability premium to which paragraph 11 applies;
b
an enhanced disability premium to which paragraph 12 applies;
c
a disabled child premium to which paragraph 13 applies; and
d
a carer premium to which paragraph 14 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
8
1
Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to an applicant under this Part, a person is to be treated as being in receipt of any benefit for—
a
in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 M4 applies, any period during which, apart from the provisions of those Regulations, the person would be in receipt of that benefit; and
b
any period spent by a person in undertaking a course of training or instruction provided or approved by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 M5 or the Secretary of State under section 2 of the 1973 Act M6 for any period during which the person is in receipt of a training allowance.
2
For the purposes of the carer premium under paragraph 14, a person is to be treated as being in receipt of carer's allowance by virtue of sub-paragraph (1)(a) only for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act F35, armed forces independence payment or the daily living component of personal independence payment.
Disability premium9
With regard to disability premium the condition referred to in paragraph 5 is that—
a
where the applicant is a single applicant or a lone parent, the applicant has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10(1) is satisfied; or
b
where the applicant has a partner, either—
i
the applicant has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10(1) is satisfied by the applicant; or
ii
the applicant's partner has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10(1)(a) is satisfied by the applicant's partner.
Additional condition for the disability premium10
1
Subject to sub-paragraph (2) and paragraph 8, the additional condition referred to in paragraph 9 is that either—
a
the applicant or, as the case may be, the applicant's partner—
i
is in receipt of one or more of the following benefits: attendance allowance, disability living allowance, F36armed forces independence payment, personal independence payment, the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit Regulations M7, mobility supplement, long-term incapacity benefit or severe disablement allowance under Part 3 of the 1992 Act but, in the case of long-term incapacity benefit or severe disablement allowance, only where it is paid in respect of the applicant;
ii
was in receipt of long-term incapacity benefit when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and the applicant remained continuously entitled to council tax benefit under the Council Tax Benefit (General) Regulations 1992 M8 or the Council Tax Benefit Regulations 2006 M9 before 1st April 2013 and to council tax reduction from that date, and, if the long-term incapacity benefit was payable to the applicant's partner, the partner is still a member of the family;
iii
was in receipt of attendance allowance, disability living allowance or personal independence payment, but payment of the benefit has been suspended in accordance with regulations made under section 113(2) of the 1992 Act or section 86(1) of the Welfare Reform Act 2012 or otherwise abated as a consequence of the applicant or the applicant's partner becoming a patient within the meaning of regulation 28(11)(g) (treatment of child care charges);
iv
is provided with an invalid carriage or other vehicle under section 46 of the National Health Service (Scotland) Act 1978 M10 (“the 1978 Act”), paragraph 9(1) of Schedule 1 to the National Health Service Act 2006 M11 (“the 2006 Act”) or article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 M12 or receives payments by way of grant from the Scottish Ministers under section 46 of the 1978 Act or the Secretary of State under paragraph 9(3) of Schedule 1 to the 2006 Act; or
v
has been certified as blind and in consequence the applicant or the applicant's partner is registered as blind in a register maintained by or on behalf of a local authority in Scotland or has been registered as blind, in a register compiled under section 29 of the National Assistance Act 1948 M13 (welfare services); or
b
the applicant—
i
is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the 1992 Act (incapacity for work); and
ii
has been incapable, or has been treated as incapable, of work for a continuous period of not less than—
aa
in the case of an applicant who is terminally ill within the meaning of section 30B(4) of the 1992 Act M14, 196 days; and
bb
in any other case, 364 days.
2
For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be registered as blind on that person regaining eyesight is nevertheless to be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which the person ceased to be registered as blind.
3
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of the applicant satisfying the additional condition specified in that provision, if the applicant then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work, on again becoming incapable of work the applicant is immediately to be treated as satisfying the condition in that sub-paragraph.
4
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of the applicant satisfying the additional condition specified in that provision, the applicant is to continue to be treated as satisfying that condition for any period spent by the applicant in undertaking a course of training provided under section 2 of the 1973 Act M15 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 M16 or for any period during which the applicant is in receipt of a training allowance.
5
For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods are to be treated as one continuous period.
6
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of the applicant satisfying the additional condition specified in that provision, the applicant is to continue to be treated as satisfying that condition for any period spent by the applicant in undertaking a course of training provided under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or section 2 of the 1973 Act .
7
For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the 1992 Act (short-term incapacity benefit for a person who is terminally ill) or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to the person is or was equal to or greater than the long-term rate.
8
In the case of an applicant who is a welfare to work beneficiary (a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 M17 applies, and who again becomes incapable of work for the purposes of Part 12A of the 1992 Act)—
a
the reference to a period of 8 weeks in sub-paragraph (3); and
b
the reference to a period of 56 days in sub-paragraph (5),
is in each case to be treated as a reference to a period of 104 weeks.
9
The applicant is not entitled to the disability premium if the applicant has, or is treated as having, limited capability for work.
10
In this paragraph “invalid carriage or other vehicle” means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant.
Severe disability premium11
1
With regard to severe disability premium the condition referred to in paragraph 5 is that the applicant is a severely disabled person.
2
For the purposes of sub-paragraph (1), an applicant is to be treated as being a severely disabled person if—
a
in the case of a single applicant, a lone parent or an applicant who is treated as having no partner in consequence of sub-paragraph (3)—
i
the applicant is in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 ActF37, armed forces independence payment or the daily living component of personal independence payment; and
ii
subject to sub-paragraph (4), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant normally resides; and
iii
no person is in receipt of a carer's allowance under section 70 of the 1992 Act M18 in respect of caring for the applicant; or
b
in the case of an applicant who has a partner—
i
the applicant is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 ActF38, armed forces independence payment or the daily living component of personal independence payment;
ii
the applicant's partner is also in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 ActF39, armed forces independence payment or the daily living component of personal independence payment or, if the applicant is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance or payment;
iii
subject to sub-paragraph (4), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant normally resides,
and either a person is entitled to and in receipt of a carer's allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of a carer's allowance in respect of caring for either member of the couple or any partner of the polygamous marriage.
3
Where an applicant has a partner who does not satisfy the condition in sub‑paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 10(1)(a)(v) and (2), that partner is to be treated for the purposes of sub-paragraph (2)(b)(ii) as if the partner was not a partner of the applicant.
4
For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account is to be taken of—
a
a person receiving attendance allowance, disability living allowance by virtue of the care component at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 ActF40, armed forces independence payment or the daily living component of personal independence payment; or
b
a person who is blind or is treated as blind within the meaning of paragraph 10(1)(a)(v) and (2).
5
For the purposes of sub-paragraph (2)(b) a person is to be treated—
a
as being in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment if the person would, but for being a patient in hospital for a period exceeding 28 days, be in receipt of that allowance or payment;
b
as being entitled to and in receipt of a carer's allowance if the person would, but for the person being cared for being a patient in hospital for a period exceeding 28 days, be entitled to and in receipt of a carer's allowance.
6
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account is to be taken of an award of carer's allowance to the extent that payment of the award is back-dated for a period before the date on which the award is first paid.
7
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 M19 (loss of benefit provisions).
Enhanced disability premium12
1
With regard to enhanced disability premium and subject to sub-paragraph F10(3) the condition referred to in paragraph 5 is that—
a
the Secretary of State has decided that the applicant has, or is to be treated as having, limited capability for work-related activity;
b
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations made under section 113(2) of the 1992 Act or an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the 1992 Act in respect of—
i
the applicant; or
ii
a member of the applicant's family,
who has not attained the qualifying age for state pension credit; or
F41ba
armed forces independence payment is payable in respect of the applicant or a member of the applicant’s family who has not attained the qualifying age for state pension credit;
c
the daily living component of personal independence payment F11at the enhanced rate is, or would, but for a suspension of benefit in accordance with regulations made under section 86(1) of the Welfare Reform Act 2012 or an abatement as a consequence of hospitalisation, be payable in respect of the applicant or a member of the applicant's family who has not attained the qualifying age for state pension credit.
2
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the applicant or the applicant's partner is entitled to child benefit in respect of child or young person under section 145A of the 1992 Act(M20) (entitlement after death of child or qualifying young person).
3
The condition is not satisfied if the person to whom sub-paragraph (1) refers is—
a
an applicant who—
i
is not a member of a couple or a polygamous marriage; and
ii
is a patient within the meaning of regulation 28(11)(g) (treatment of child care charges: patients) and has been for a period of more than 52 weeks; or
b
a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 28(11)(g) and has been for a period of more than 52 weeks.
Disabled child premium13
With regard to disabled child premium the condition referred to in paragraph 5 is that a child or young person for whom the applicant or the applicant's partner is responsible and who is a member of the applicant's household—
a
is in receipt of disability living allowance or personal independence payment or is no longer in receipt of such allowance because the child or young person is a patient, provided that the child or young person continues to be a member of the family; or
b
is blind or treated as blind within the meaning of paragraph 10(1)(a)(v) and (2) (disability premium); or
F42ba
is a young person who is in receipt of armed forces independence payment;
c
is a child or young person in respect of whom section 145A of the 1992 Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the applicant's applicable amount immediately before the death of that child or young person, or ceased to be included in the applicant's applicable amount because of that child or young person's death.
Carer premium14
1
With regard to carer premium the condition referred to in paragraph 5 is that the applicant or the applicant's partner is, or both of them are, entitled to a carer's allowance.
2
Where a carer premium is awarded but—
a
the person in respect of whose care the carer's allowance has been awarded dies; or
b
in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer's allowance,
the condition for the award of the premium is to be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).
3
The relevant date for the purposes of sub-paragraph (2) is—
a
where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer's allowance has been awarded or the date of death if the death occurred on a Sunday; and
b
in any other case, the date on which the person who has been entitled to a carer's allowance ceases to be entitled to that allowance.
4
Where a person who has been entitled to a carer's allowance ceases to be entitled to that allowance and makes an application for council tax reduction, the condition for the award of the carer premium is to be treated as satisfied for a period of eight weeks from the date on which—
a
the person in respect of whose care the carer's allowance has been awarded dies; and
b
in any other case, the person who has been entitled to a carer's allowance ceased to be entitled to that allowance.
Persons in receipt of concessionary payments15
For the purpose of determining whether a premium is applicable to a person under paragraphs 10 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.
Persons in receipt of benefit for another16
For the purposes of this Part of this Schedule, a person is to be regarded as being in receipt of any benefit only if it is paid in respect of the person and is to be regarded as being in receipt of the benefit only for any period in respect of which that benefit is paid.
PART 4Amounts of disability premiums
17
The premiums referred to in regulation 21(d) (applicable amount) and 22(e) (applicable amount: polygamous marriages) and paragraph 5 of this Schedule are set out in the following table.
Premium | Amount |
|---|---|
Disability premium— | |
| F12£31.00 |
| F13£44.20 |
Severe disability premium— | |
| F14£59.50 |
| |
| F14£59.50 |
| F15£119.00 |
Disabled child premium. | F16£57.89 in respect of each child or young person in respect of whom the condition specified in paragraph 13 is satisfied. |
Carer premium. | F17£33.30 in respect of each person who satisfies the condition specified in paragraph 14. |
Enhanced disability premium. |
|
PART 5Components
Components18
Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if—
a
the applicant or the applicant's partner has made a claim for employment and support allowance;
b
the Secretary of State has decided that the applicant or the applicant's partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and
c
either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations M21 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
19
Subject to paragraph 20, the applicant is entitled to one, but not both, of the components in paragraphs 21 and 22 if the applicant or the applicant's partner is entitled to a converted employment and support allowance F21, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).
20
1
The applicant has no entitlement under paragraph 21 or 22 if the applicant is entitled to the disability premium under paragraphs 9 and 10.
2
Where the applicant and the applicant's partner each satisfies paragraph 21 or 22, the component to be included in the applicant's applicable amount is that which relates to the applicant.
Work-related activity component21
The applicant is entitled to the work-related activity component if the Secretary of State has decided that the applicant or the applicant's partner has, or is to be treated as having, limited capability for work.
Support component22
The applicant is entitled to the support component if the Secretary of State has decided that the applicant or the applicant's partner has, or is to be treated as having, limited capability for work-related activity.
Amount of components23
The amount of the work-related activity component is F22£28.45.
24
The amount of the support component is F23£34.80.
PART 6Transitional addition
25
1
The applicant is entitled to a transitional addition calculated in accordance with paragraph 28 where the applicant or the applicant's partner—
a
is entitled to a converted employment and support allowance F24, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance); or
b
is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—
i
is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations M22 as modified by the Employment and Support Allowance (Existing Awards) Regulations; 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 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;
b
the end of the applicant's entitlement to council tax reduction;
c
F25the 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; or
e
5th April 2020.
26
1
This paragraph applies where—
a
the applicant's entitlement to a transitional addition ends because of the ending of the applicant's entitlement to council tax reduction under—
i
paragraph 25(2)(b);
ii
paragraph 27(3)(b);
iii
sub-paragraph (3)(b) of this paragraph; or
b
within F2612 weeks of that termination but before 5th April 2020 the applicant again becomes entitled to council tax reduction;
c
in the reduction week in which the applicant again becomes entitled to council tax reduction F27the relevant person is entitled to an employment and support allowance which is not income-related;
F28d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
at the date on which the applicant again becomes entitled to council tax reduction 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 council tax reduction, 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;
b
the end of the applicant's entitlement to council tax reduction;
c
F29the 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; or
e
5th April 2020.
27
1
This paragraph applies where—
a
the applicant's entitlement to a transitional addition ends by virtue of F30the relevant person ceasing to be entitled to an employment and support allowance under—
i
paragraph 25(2)(c);
ii
paragraph 26(3)(c); or
iii
sub-paragraph (3)(c) of this paragraph;
b
before 5th April 2020 F30the relevant person again becomes entitled to an employment and support allowance which is not income-related;
F31c
at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person;
d
at the date on which F32the relevant person again becomes entitled to an employment and 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 F33the relevant person’s entitlement to employment and support allowance takes effect for council tax reduction purposes, 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;
b
the end of the applicant's entitlement to council tax reduction;
c
F30the 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; or
e
5th April 2020.
Amount of transitional addition28
1
Subject to paragraph 29, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.
2
Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of F34the relevant person—
a
Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and
b
Amount B is the basic amount that applied on that day as a result of that decision.
3
Where F34the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations (a decision that an existing award does not qualify for conversion into an award of employment and support allowance) and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations M23 as modified by the Employment and Support Allowance (Existing Awards) Regulations—
a
Amount A is the basic amount that would have applied on the day F34the relevant person was first treated as having limited capability for work if the applicant's partner had not been treated as having limited capability for work; and
b
Amount B is the basic amount that applied on that day as a result of F34the relevant person being treated as having limited capability for work.
4
In this paragraph and paragraph 29, “basic amount” means the aggregate of the amounts applying in the applicant's case in accordance with regulation 21(a) to (e) (applicable amount) or regulation 22(a) to (f) (applicable amount: polygamous marriages).
29
1
Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the applicant's basic amount, the transitional addition that applies immediately before the change of circumstances is to be reduced by the amount by which Amount C exceeds Amount D.
2
If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition is to be reduced to nil.
3
Amount C is the basic amount that applies as a result of the increase.
4
Amount D is the basic amount that applied immediately before the increase.
F1Interpretation of Part 630
In this Part “relevant person” means the person who meets the requirements of paragraph 25(1)(a) or (b), as the case may be, by virtue of which the applicant is entitled to a transitional addition under that paragraph.