SOCIAL SECURITY
The Income Support (Transitional) Regulations 1987
Made20th November 1987
Laid before Parliament20th November 1987
Coming into force23rd November 1987
The Secretary of State for Social Services in exercise of powers conferred on him by sections 84(1) and 89(1) of the Social Security Act 1986 M1 and of all other powers enabling him in that behalf, by this instrument, which contains only provisions consequential on sections 20 to 23 and 51 of that Act in their application to income support and Regulations made under those sections and is made before the end of a period of 12 months from the commencement of those sections, makes the following Regulations:–C17
1 Citation and commencement¶
These Regulations may be cited as the Income Support (Transitional) Regulations 1987 and shall come into force on 23rd November 1987.2 Interpretation¶
- “the Act” means the Social Security Act 1986;
- “adjudicating authority” means any person or body with responsibility under the Social Security Acts 1975 to 1986, and regulations made thereunder, for the determination of claims for any benefit under those Acts and questions arising in connection with a claim for, or award of, or disqualification for receiving such benefit;
- “benefit week”–
- in relation to supplementary benefit, has the meaning given to it in regulation 7 of the Supplementary Benefit (Determination of Questions) Regulations 1980 M2;
- in relation to income support, has the meaning given to it by paragraph 4 of Schedule 7 to the Social Security (Claims and Payments) Regulations 1987 M3;
- “domestic assistance addition” means an additional requirement under paragraph 15 of Schedule 4 to the Requirements Regulations;
- “first benefit week” means the benefit week beginning on a day during the period of 7 days commencing on 4th April 1988;
- “former beneficiary” means a person who, for a period immediately preceding 11th April 1988, is entitled to supplementary benefit;
- “former housing benefit supplement recipient” means a person in respect of whom an amount is applicable under regulation 19 of the Requirements Regulations for a period immediately preceding 4th April 1988;
- “General Regulations” means the Income Support (General) Regulations 1987 M4;
- “income support” means income support under Part II of the Act;
- “Requirements Regulations” means the Supplementary Benefit (Requirements) Regulations 1983 M5;
- “second benefit week” means the benefit week beginning on a day during the period of 7 days commencing on 11th April 1988;
- “Social Security Act” means the Social Security Act 1975 M6;
- “patient” has the same meaning as in regulation 21(3) of the General Regulations;
- “personal expenses addition” means an amount of income support payable in accordance with regulation 13 in addition to any income support to which a person may be entitled under Part II of the Act;
- “special transitional addition” means an amount of income support payable in accordance with regulation 15 in addition to any income support to which a person may be entitled under Part II of the Act;
- “supplementary benefit” means a supplementary pension or allowance under the Supplementary Benefits Act 1976 M7;
- “transitional addition” means an amount of income support payable in accordance with regulations 10 to 13 in addition to any income support to which a person may be entitled under Part II of the Act;
- “unemployed person” means a person who is or is required to be available for employment;
- and other expressions have the same meaning as in the General Regulations.
PART I TRANSITIONAL ARRANGEMENTS¶
C6 2A Permitted period¶
3 Claims for income support made before 11th April 1988¶
4 Deeming of claims for income support by former beneficiaries¶
4A Payments on account of income support¶
5 Questions deemed to have been determined and treatment of income¶
6 Appointments for former beneficiaries unable to act¶
Where the Secretary of State has made an appointment under regulation 26 of the Supplementary Benefit (Claims and Payments) Regulations 1981 M12 (persons unable to act) of a person to exercise any right to which a former beneficiary may be entitled under the Supplementary Benefits Act 1976 and to receive and deal on his behalf with any sums payable to that former beneficiary under or by virtue of that Act, and such appointment has not, before 11th April 1988, been revoked by the Secretary of State or terminated by the resignation of the person appointed, that appointment shall be deemed, for the purposes of income support for that former beneficiary, to be an appointment made under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act).7 Transitional payments for former beneficiaries¶
7A Transitional payments for persons claiming supplementary benefit¶
8 Treatment for income support purposes of periods relating to supplementary benefit¶
PART II TRANSITIONAL PROTECTION¶
9 Total benefit income¶
10 Transitional addition¶
11 Special provisions for patients¶
12 Special provisions for persons in board and lodging accommodation and hostels¶
13 Special provisions for persons in residential care and nursing homes¶
14 Reduction and termination of transitional and personal expenses addition¶
C1C2C3C4C5C7C8C9C10C11C12C13C14C15C16C18C19C20C21C22C23C24C25C26C27C28C29C3015 Special transitional addition¶
16 Persons not entitled to transitional additions¶
Footnotes
- M11986 c. 50; section 84(1) is cited because of the meaning assigned to the word “regulations”.
- M2S.I. 1980/1643; the relevant amending instruments are S.I. 1981/815, 1982/907, 1983/337 and 1984/458.
- M3S.I. 1987/1968.
- M4S.I. 1987/1967.
- M51983/1399, as amended by S.I. 1984/282, 1102, 1103, 2034, 1985/1247, 1835, 1986/1173, 1292, 1987/17, 49, 659, 1325.
- M61975 c. 14.
- M71976 c. 71, as amended by section 6(1) of, and Part I of Schedule 2 to, the Social Security Act 1980 (c. 30).
- M8Section 165A applied by the Act, Schedule 10, paragraph 48.
- M9S.I. 1981/1526.
- M10S.I. 1981/1527, as amended by S.I. 1982/1125, 1126, 1127, 1983/503, 1240, 1984/1102, 1985/614, 1246, 1835, 1986/1292, 1293, 1987/17, 659, 660, 1325.
- M11S.I. 1983/1399; the relevant amending instrument is S.I. 1985/1835.
- M12S.I. 1981/1525.
- M131975 c. 16.
- M141982 c. 24.
- M15S.I. 1981/1527.
- M16S.I. 1983/1399; the relevant amending instruments are S.I. 1985/1835 and 1986/1292.
- M17S.I. 1983/1399; the relevant amending instrument is S.I. 1985/1835.
- C1Reg. 15 sums amended (10.4.1989 coming into force in accordance with art. 1(3)) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 16 (with art. 20)
- F1Reg. 4A inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 2
- F2Reg. 5(6) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 3
- F3Reg. 7A inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 4
- F4Words in reg. 9(2) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 5(a)
- F5Reg. 9(9) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 5(b)
- F6Words in reg. 11(2) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 6
- F7Words in reg. 12(1) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 7(a)
- F8Words in reg. 12(4) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 7(b)
- F9Words in reg. 13(3) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 8(a)
- F10Words in reg. 13(4) omitted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 8(b)(i)
- F11Words in reg. 13(4) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 8(b)(ii)
- F12Words in reg. 13(5) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 8(c)
- F13Reg. 13(8)(a)(b) substituted for words (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 8(c)
- F14Words in reg. 14(1)(a) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(a)
- F15Words in reg. 14(1)(b) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(b)
- F16Reg. 14(1A)(1B) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(c)
- F17Words in reg. 14(3) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(d)
- F18Words in reg. 14(4) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 9(e)
- F19Reg. 14(1C) added (11.4.1988) by The Income Support (Transitional) Amendment No. 2 Regulations 1988 (S.I. 1988/670), regs. 1(1), 2(2)(a)
- F20Words in reg. 14(5) added (11.4.1988) by The Income Support (Transitional) Amendment No. 2 Regulations 1988 (S.I. 1988/670), regs. 1(1), 2(2)(b)
- F21Words in reg. 15(2) added (11.4.1988) by The Income Support (Transitional) Amendment No. 2 Regulations 1988 (S.I. 1988/670), regs. 1, 2(3)
- F22Words in reg. 15(1) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(a)(i)
- F23Words in reg. 15(1) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(a)(ii)
- F24Reg. 15(3)(c)-(f) and preceding word added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(b)
- F25Reg. 15(4)(a) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(c)(i)
- F26Words in reg. 15(4)(b) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(c)(ii)
- F27Reg. 15(4)(c) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(c)(iii)
- F28Reg. 16(3) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 11
- F29Reg. 2A inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 2
- F30Words in reg. 14(1)(a) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(a)
- F31Words in reg. 14(1)(d) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(a)
- F32Reg. 14(1D)-(1F) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(b)
- F33Words in reg. 14(3) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(c)
- F34Reg. 14(3A) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(d)
- F35Words in reg. 14(4) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(e)
- F36Reg. 14(4A) inserted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 3(f)
- F37Words in reg. 15(4)(a) substituted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 4
- F38Words in reg. 15(4)(b) substituted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 4
- F39Words in reg. 15(4)(c) substituted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 4
- F40Reg. 14(1G) inserted (14.12.1989) by The Income Support (Transitional) Amendment No. 2 Regulations 1989 (S.I. 1989/2340), regs. 1(1), 2
- C2Reg. 15 sums amended (1.4.1990 for specified purposes, 2.4.1990) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(g), 15
- F41Words in reg. 14(1A) substituted (17.12.1990) by The Income Support (General and Transitional) Amendment Regulations 1990 (S.I. 1990/2324), regs. 1(1), 6
- F42Words in reg. 14(1E) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.
- F43Words in reg. 14(1E) added (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 10
- C3Reg. 15 sums amended (8.4.1991 for specified purposes) by The Social Security Benefits Up-rating Order 1991 (S.I. 1991/503), arts. 1(2)(f), 15
- C4Reg. 15 modified (for specified purposes and with effect in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 17
- F44Reg. 14(1CA) inserted (7.10.1991) by The Income Support (Transitional) Amendment Regulations 1991 (S.I. 1991/1600), regs. 1(1), 2(2)
- F45Reg. 14(1DA) inserted (7.10.1991) by The Income Support (Transitional) Amendment Regulations 1991 (S.I. 1991/1600), regs. 1(1), 2(3)
- F46Reg. 14(1DZA) inserted (5.10.1992) by The Income-Related Benefits Amendment Regulations 1992 (S.I. 1992/1326), regs. 1(1), 4
- F47Words in reg. 15(2) added (7.10.1991) by The Income Support (Transitional) Amendment Regulations 1991 (S.I. 1991/1600), regs. 1(1), 3
- C5Reg. 15 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 19
- C6Reg. 2A modified by S.I. 1996/207, reg. 87(7) (as amended (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1(1), 20)
- F48Reg. 2(3) added (7.10.1996) by The Jobseeker’s Allowance Regulations 1996, S.I. 1996/207, reg. 1(2), 29(2)
- F49Words in reg. 2A(1)(a) revoked (7.10.1996) by (The Jobseeker’s Allowance Regulations 1996, S.I. 1996/207), reg. 1(2), 29(3)(a)
- F50Reg. 2A(2) revoked (7.10.1996) by (The Jobseeker’s Allowance Regulations 1996, S.I. 1996/207), reg. 1(2), 29(3)(b)
- F51Reg. 2A(3) revoked (7.10.1996) by (S.I. The Jobseeker’s Allowance Regulations 1996, 1996/207), reg. 1(2), 29(3)(b)
- C7Reg. 15 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 17
- C8Reg. 15 modified (with effect in accordance with art. 1(2)(g) of the amending S.I.) by Social Security Benefits Up-rating (No.2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 17
- C9Reg. 15 modified (for specified purposes and with application in accordance with art. 1(2)(g) of the amending S.I.) by Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 17
- C10Reg. 15 modified (for specified purposes and with effect in accordance with art. 1(2)(g) of the amending S.I.) by Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(g), 18
- C11Reg. 15 sums amended (12.4.2004 art. 1(2)(g)) by Social Security Benefits Up-Rating Order 2004 (S.I. 2004/552), art. 17
- C12Reg. 15 sums amended (11.4.2005 art. 1(2)(h)) by The Social Security Benefits Up-rating Order 2005 (S.I. 2005/522), art. 17
- C13Reg. 15 modified (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by Social Security Benefits Up-rating Order 2006 (S.I. 2006/645), arts. 1(2)(i), 17
- C14Reg. 15 modified (7.3.2007 for specified purposes and ) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 17
- C15Reg. 15 modified (with effect in accordance with art. 1(2)(h) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(h), 17
- C16Reg. 15 modified (12.4.2010 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(i), 17
- C17Instrument excluded (with effect in accordance with reg. 22 of the amending S.I.) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 22(d) (with reg. 3)
- C18Reg. 15 sum amended (9.4.2012 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(i), 18
- F52Words in reg. 2A(1)(a) inserted (7.10.1996) by (The Jobseeker’s Allowance Regulations 1996, S.I. 1996/207), reg. 1(2), 87(7)(a) (as amended (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1(1), 20)
- F53Reg. 2A(2A)-(2C) inserted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996, (S.I. 1996/207), reg. 1(2), 87(7)(a) (as amended (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1(1), 20)
- F54Words in Reg. 2A(2A) substituted amendment to earlier affecting provision S.I. 1996/207, reg. 87(7) (22.10.2012) by The Jobseekers Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(19)(a)
- F55Words in Reg. 2A(2B) substituted amendment to earlier affecting provision S.I. 1996/207, reg. 87(7) (22.10.2012) by The Jobseekers Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(19)(b)
- C19Reg. 15 sums amended (8.4.2013 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(i), 17
- C20Reg. 15 sum amended (7.4.2014 coming into force in accordance with art. 1(2)(f)) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(f), 15
- C21Reg. 15 sum amended (E.W.S.) (6.4.2015 coming into force in accordance with art. 1(2)(f)) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(f), 15
- C22Reg. 15 sums amended (10.4.2017 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), art. 21
- C23Reg. 15 sums amended (coming into force in accordance with of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 22
- C24Reg. 15 sums amended (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2019 (S.I. 2019/480), art. 22
- C25Reg. 15 sums amended (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 22
- C26Reg. 15 sums amended (with effect in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 22
- C27Reg. 15 sums modified (with effect in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), art. 22
- C28Reg. 15 sums amended (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(i), 22
- C29Reg. 15 sums amended (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 21
- C30Reg. 15: sums amended (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(g), 21