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

Amendment of article 6 of the No. 9 Order: provisions abolishing income-related employment and support allowance and income-based jobseeker’s allowance cease to apply

9.—(1) This article applies where, on or after 16th June 2014, with respect to all or part of the period to which a new style ESA award or a new style JSA award (where that award is made by virtue of the coming into force of the amending provisions under any secondary legislation) relates—

(a) a person makes a claim for universal credit; or

(b) the Secretary of State receives an application for supersession of the decision to make the award, on the basis of a relevant change of circumstances that would relate to the ground for entitlement to an income-related employment and support allowance or an income-based jobseeker’s allowance if the amending provisions had not come into force with respect to the award.

(2) Where this article applies, article 6 of the No. 9 Order (transitional provision: where the abolition of income-related employment and support allowance and income-based jobseeker’s allowance is treated as not applying) is amended as follows—

(a) in sub-paragraph (a) of paragraph (1), at the end insert “by virtue of the coming into force of the amending provisions under any secondary legislation”;

(b) in sub-paragraphs (b)(ii) and (c) of paragraph (1), and paragraph (2), omit “under article 4(1)”;

(c) after sub-paragraph (d) of paragraph (1) insert “and”, and, for sub-paragraphs (e) and (f) of paragraph (1), substitute—

“(e) (i) on the date on which the claim for universal credit is made, or the application for supersession is received, as the case may be, the claim does not, or, in the case of an application for supersession, a claim for universal credit by the person would not, fall within any case (including a case with respect to which an award of universal credit may be made without a claim) in relation to which the provisions of the Act referred to in Schedule 2 are in force (“the UC commencement case”); or

(ii) on that date, the claim for universal credit does, or, in the case of an application for supersession, a claim for universal credit by the person would, fall within the UC commencement case, but the claim does or would fall within a case (including a case that relates in whole or in part to residence in an area) that is the subject of a determination made by the Secretary of State under regulation 4(1) of the 2014 Transitional Regulations (determination that claims for universal credit may not be made).”;

(d) in paragraph (3), omit “(f)”, “; and” at the end of sub-paragraph (a), and sub-paragraph (b); and

(e) at the end insert—

“(6) For the purposes of this article, “secondary legislation” means an instrument made under an Act.”.

(3) For the purposes of this article, “secondary legislation” means an instrument made under an Act.