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The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014

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Gateway conditions

16.  Where article 3 applies, after Schedule 4 to the No. 9 Order, insert—

Article 2(1)

SCHEDULE 5THE GATEWAY CONDITIONS

Personal characteristics

1.  The claimant must be—

(a)aged at least 18 years, but under 60 years and six months;

(b)a single person;

(c)a British citizen who—

(i)has resided in the United Kingdom throughout the period of two years ending with the date on which the claim for universal credit is made; and

(ii)has not, during that period, left the United Kingdom for a continuous period of four weeks or more.

Fitness to work

2.(1) The claimant must not—

(a)be pregnant; or

(b)have been pregnant, if the date of her confinement occurred during the period of 15 weeks ending with the date on which the claim for universal credit is made.

(2) In this paragraph, “confinement” has the same meaning as in regulation 8(4) of the Universal Credit Regulations.

(3) The claimant—

(a)must not have obtained from a doctor a statement given in accordance with the rules set out in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976(1) (“a statement of fitness for work”) in respect of the date on which the claim for universal credit is made, unless it has been determined, since the statement was given, that the claimant does not have limited capability for work within the meaning of the 2007 Act;

(b)must not have applied for a statement of fitness for work;

(c)must declare that the claimant does not consider himself or herself to be unfit for work; and

(d)must not have been the subject of a determination that the claimant has limited capability for work within the meaning of the 2007 Act, unless it has subsequently been determined that the claimant does not have limited capability for work within the meaning of that Act.

Existing benefits

3.(1) The claimant must not be entitled to—

(a)any existing benefit;

(b)contribution-based jobseeker’s allowance;

(c)contributory employment and support allowance;

(d)incapacity benefit or severe disablement allowance, as defined in Schedule 4 to the 2007 Act;

(e)disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992(2); or

(f)personal independence payment under Part 4 of the Act(3).

(2) If the claim fell within a case in relation to which the provisions referred to in Schedule 2 were in force and regulation 8(4) of the 2014 Transitional Regulations applied to the claimant, the claimant would not be treated by regulation 11 of those Regulations as being entitled to a tax credit.

(3) The claimant must not be awaiting—

(a)a decision on a claim for any benefit mentioned in paragraph (1)(a) to (c); or

(b)the outcome of an application—

(i)to the Secretary of State to consider whether to revise, under section 9 of the Social Security Act 1998(4), a decision that the claimant is not entitled to old style JSA, old style ESA or income support; or

(ii)to the relevant authority (within the meaning of the Child Support, Pensions and Social Security Act 2000(5)) to consider whether to revise, under Schedule 7 to that Act, a decision that the claimant is not entitled to housing benefit.

(4) If the claimant has appealed against a decision that he or she is not entitled to a benefit mentioned in sub-paragraph (1)(a) to (c), the Secretary of State must be satisfied—

(a)that the appeal to the First-tier Tribunal, and any subsequent appeal to the Upper Tribunal or to a court, is not ongoing; and

(b)where an appeal has been finally determined, that there is no possibility of a further appeal by any party.

(5) If the claimant was previously entitled to an old style JSA award, the award must not have terminated during the period of two weeks ending with the date on which the claim for universal credit is made.

(6) If the claimant was previously entitled to an old style ESA award, the award must not have terminated during the period of two weeks ending with the date on which the claim for universal credit is made, unless the award terminated as a result of a decision which incorporated a determination that the person no longer had limited capability for work within the meaning of the 2007 Act.

Income and capital

4.(1) The claimant must declare that, during the period of one month starting with the date on which the claim for universal credit is made, the claimant’s earned income is expected not to exceed—

(a)£270, if the claimant is aged under 25; or

(b)£330, if the claimant is aged 25 or over.

(2) The claimant’s capital must not exceed £6,000.

(3) For the purposes of this paragraph, “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations.

Housing

5.  The claimant must not—

(a)be homeless (within the meaning of section 175 of the Housing Act 1996(6)) and must currently reside at his or her usual address;

(b)reside in accommodation in which care, supervision, counselling, advice or other support services (other than services connected solely with the provision of adequate accommodation) are made available to the claimant by or on behalf of the person by whom the accommodation is provided, with a view to enabling the claimant to live there;

(c)reside in the same household as a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006(7)) and who is absent from the household in connection with that role; or

(d)own, or partly own, the property in which he or she resides.

Caring responsibilities

6.(1) There must not be—

(a)a child living with the claimant some or all of the time;

(b)a person (“the young person”) living with the claimant some or all of the time if—

(i)the young person is not a child, but is under the age of 20; and

(ii)the claimant would be responsible for the young person for the purposes of regulation 4 of the Universal Credit Regulations, if the young person were a qualifying young person within the meaning of regulation 5 of those Regulations.

(2) The claimant must not—

(a)be an adopter (within the meaning of the Universal Credit Regulations(8)) with whom a child is expected to be placed during the period of two weeks beginning with the date on which the claim for universal credit is made;

(b)be a foster parent;

(c)be liable to pay child support maintenance under the Child Support Act 1991(9); or

(d)have any responsibility for providing care to a person who has a physical or mental impairment, other than in the course of paid or voluntary employment.

(3) For the purposes of this paragraph—

(a)“child” has the same meaning as in Part 1 of the Act(10);

(b)“foster parent” means—

(i)in relation to England, a person who is approved as a foster parent under the Fostering Services (England) Regulations 2011(11);

(ii)in relation to Wales, a person who is approved as a foster parent under the Fostering Services (Wales) Regulations 2003(12);

(iii)in relation to Scotland, a person who is approved as a kinship carer or a foster carer under the Looked After Children (Scotland) Regulations 2009(13).

Other requirements

7.  The claimant—

(a)must declare that the claimant does not expect to have any self-employed earnings (within the meaning of regulation 57 of the Universal Credit Regulations) during the period of one month starting with the date on which the claim for universal credit is made;

(b)must not be receiving education or undertaking a course of training of any kind and must declare that he or she does not intend to engage in education or training of any kind (other than where required to do so by the Secretary of State, or by agreement with the Secretary of State, in connection with an award of universal credit) during the period of one month starting with the date on which the claim for universal credit is made;

(c)must not have—

(i)a deputy appointed by the Court of Protection under Part 1 of the Mental Capacity Act 2005(14) (“the 2005 Act”);

(ii)a receiver appointed under Part 7 of the Mental Health Act 1983(15) and treated as a deputy by virtue of the 2005 Act; or

(iii)any other person acting on the claimant’s behalf in relation to the claim for universal credit;

(d)must have a national insurance number;

(e)must have an account with a bank, a building society or the Post Office, or a current account with a Credit Union (within the meaning of the Credit Unions Act 1979(16)).

Declarations

8.  Any declaration which is required by paragraph 2(3)(c), 4(1) or 7(a) or (b) is to be made by such method as may be required by the Secretary of State in relation to the person by whom it is to be made..

(1)

S.I. 1976/615. Schedule 1 was substituted by S.I. 2010/137.

(2)

1992 c. 4. Section 71 was amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 67(1).

(3)

See the Act, s.77.

(4)

1998 c.14. The section has been amended in a way that is not relevant to this Order. See, in relation to consideration of revision under s.9, s.12(2)(b) and (3A), inserted by section 102 of the Act.

(8)

See regulation 2, as amended by S.I. 2013/803.

(10)

See section 40 of the Act.

(11)

S.I. 2011/581. See regulation 27.

(12)

S.I. 2003/237. See regulation 28, substituted by S.I. 2010/746.

(13)

S.S.I. 2009/210. See regulations 10 and 22.

(14)

2005 c.9.

(15)

1983 c.20.

(16)

1979 c.34.

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