The Social Security (Transitional Payments) Regulations 2009

Transitional payment

2.—(1) This regulation applies where in accordance with regulation 22A(4) of, (bereavement benefits) and paragraph 2ZA of Schedule 7, (time of payment) to the Social Security (Claims and Payments) Regulations 1987(1) the Secretary of State changes the manner in which a benefit mentioned in paragraph (2) is paid from weekly payments in advance to weekly payments in arrears.

(2) The benefits are income support, widowed mother’s allowance, widowed parent’s allowance and widow’s pension.

(3) Where this regulation applies, a person shall be entitled to a transitional payment determined in accordance with paragraph (4).

(4) The amount of the transitional payment shall be equivalent to the gross amount of benefit payable in respect of the last 7 days for which benefit was payable in advance.

(5) In paragraph (4), “the gross amount” means the amount of weekly benefit payable to a person before any deductions have been made—

(a) under regulation 34A (deductions of mortgage interest which shall be made from benefit and paid to qualified lenders), 34B (deductions of mortgage interest which may be made from benefits and paid to qualified lenders in other cases) or 35 (deductions which may be made from benefit and paid to third parties) of the Social Security (Claims and Payments) Regulations 1987(2); or

(b) in respect of overpayment recovery or recovery of social fund loans under section 71 (overpayments-general), 74 (income support and other payments) or 78 (recovery of social fund awards) of the Social Security Administration Act 1992(3).

(1)

S.I. 1987/1968. Regulation 22A and paragraph 2ZA of Schedule 7 were inserted by S.I. 2009/xxxx.

(2)

S.I.1987/1968. The relevant amending instruments are S.l. 1988/522, 1992/1026, 2001/18, 2002/2441, 2002/3019 and 2002/3197.

(3)

The relevant amending Acts for section 71 are the Jobseekers Act 1995 (c.18), section 32, Schedule 2, paragraph 48, the Social Security (Overpayments) Act 1996 (c.51), section 1, the Tax Credits Act 2002 (c.21), Schedule 4, paragraphs 1 and 2, the Civil Partnership Act 2004 (c.33), Schedule 24, paragraph 58, the Welfare Reform Act 2007 (c.5), section 44, Schedule 3, paragraph 10(6) and Schedule 8 and by S.I. 2008/2833, Schedule 3, paragraph 103. Section 74 was amended by the Jobseekers Act 1995, Schedule 2, paragraph 50, the State Pension Credit Act 2002 (c.16), Schedule 2, paragraphs 8 and 11, by the Welfare Reform Act 2007 (c.5), Schedule 3, paragraph 10 and by S.I. 2008/2428. Section 78 was amended by the Jobseekers Act 1995 sections 32, 41 and Schedule 2, paragraph 51 and by the Civil Partnership Act 2004, Schedule 24 and paragraph 61.