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21. Schedule 9 (deductions from benefit and direct payments to third parties) is to be read as if—
(a)in paragraph 1 (interpretation)—
(i)in sub-paragraph (3), after the words ““employment and support allowance” means”, there were inserted “(subject to sub-paragraph (4))”, and
(ii)after sub-paragraph (3), there were added—
“(4) In the application of sub-paragraph (3) to a beneficiary whose award of an employment and support allowance is by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (“the 2010 Regulations”), any reference to an employment and support allowance includes any transitional addition to which the beneficiary is entitled under those Regulations.
(5) Where a specified benefit awarded to a beneficiary is subject to conversion under the 2010 Regulations and—
(a)immediately before the effective date of the conversion decision made in relation to the beneficiary, any deduction is being made in accordance with this Schedule from sums payable to the beneficiary by way of the specified benefit; and
(b)with effect from that date, the award of specified benefit is converted into an award of an employment and support allowance under the 2010 Regulations,
any deduction falling within paragraph (a) shall have effect as a deduction from the employment and support allowance to which the beneficiary is entitled.”.
(b)in paragraph 8—
(i)in sub-paragraph (4), for paragraph (a)(iv), there were substituted—
“(iv)in the case of an employment and support allowance, the applicable amount for the family as is awarded under the provisions specified in sub-paragraph (5); or”, and
(ii)after sub-paragraph (4) there were added—
“(5) The specified provisions are—
(a)where the person is entitled to an employment and support allowance by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (“the 2010 Regulations”)—
(i)paragraph (1)(a), (b) and (d) of regulation 67 (prescribed amounts); or
(ii)paragraph (1)(a), (b), (c) and (e) of regulation 68 (polygamous marriages),
of the Employment and Support Allowance Regulations (as modified by paragraphs 12 and 13 of Schedule 2 to the 2010 Regulations); and
(b)in any other case, paragraph (1)(a) and (b) of regulation 67 or paragraph (1)(a) to (c) of regulation 68 of the Employment and Support Allowance Regulations.”.
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