Search Legislation

The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Orders set out below, which make provision for the coming into force of the universal credit (UC) provisions in Part 1 of the Welfare Reform Act 2012 (c.5) (“UC provisions”), and the provisions in that Part that abolish income-related employment and support allowance and income-based jobseeker’s allowance (“amending provisions”), where a claim is made for UC, an employment and support allowance (ESA) or a jobseeker’s allowance (JSA) on or after 28th July 2014.

The main change made by this Order is to remove the condition that a claimant must be a single person in order for the UC provisions to come into force where a claim is made for UC and for the amending provisions to come into force where a claim is made for UC, ESA or JSA. This means that the UC provisions and the amending provisions will now come into force where a claim is made by members of a couple, where the couple resides in an area covered by the below Orders and each member meets the remaining gateway conditions (n.b. - those provisions are already in force for claims made by members of a couple who reside in certain areas, by virtue of S.I. 2014/1661 (C. 69)).

Where entitlement to ESA or JSA arises under Part 1 of the Welfare Reform Act 2007 (c.5) or the Jobseekers Act 1995 (c.18) as amended by the amending provisions, the contributory-only benefit is referred to as “new style ESA” or “new style JSA” respectively.

The Orders amended (“the relevant Orders”) and the areas covered by each Order (specified in the Schedule to each Order: “specified districts”) are—

the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 (S.I. 2013/983 (C. 41) (“the No. 9 Order”: covers the “relevant districts”);

the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 (S.I. 2013/1511 (C. 60) (“the No. 11 Order”: covers the “No. 2 relevant districts” and the “No. 3 relevant districts”);

the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657 (C. 107) (“the No. 13 Order”: covers the “No. 4 relevant districts”);

the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2846 (C. 114) (“the No. 14 Order”: covers the “No. 5 relevant districts”);

the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209) (C. 7) (“the No. 16 Order”: covers the “No. 6 relevant districts” and the “No.7 relevant districts”).

the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583 (C. 61) (“the No. 17 Order”: covers the “No. 8 relevant districts”, “No. 9 relevant districts”, “No. 10 relevant districts”, “No. 11 relevant districts”, “No. 12 relevant districts” and the “No. 13 relevant districts”).

Article 3 sets out the cases for which amendments are made to the existing Orders.

Article 4 amends Schedule 5 to the No. 9 Order (gateway conditions) to remove the condition that a claimant must be a single person. This means that the UC provisions come into force where a claim for UC is made by a couple as joint claimants, the couple reside in one of the “relevant districts” and each member of the couple meets the remaining gateway conditions. It also means that any claim for ESA or JSA by a member of a couple, where that member resides in one of the “relevant districts” and meets the remaining gateway conditions, will be a claim for new style ESA or new style JSA. To reflect the fact that the UC provisions and the amending provisions come into force where a claim is made by a couple who reside in one of the “relevant districts”, the article makes consequential changes to articles 3, 4 and 5 of the No. 9 Order and inserts a new article 3A into that Order.

Article 5 provides that, where article 3 applies, any reference in the No. 11 or the No. 17 Order to Schedule 5 to the No. 9 Order is a reference to that Schedule as amended by article 4 of this Order; articles 7 to 9 of this Order insert a new definition of “gateway conditions” into the No. 13, No. 14 and No. 16 Orders which refers to Schedule 5 as so amended. This means that, as in the case of the No. 9 Order for claims made in relation to the “relevant districts”, the UC provisions come into force where a claim for UC is made by a couple who reside in any of the “specified districts” covered by the Order in question and where each member of the couple meets the remaining gateway conditions (the position for claims for ESA/JSA is also the same as for the claims covered by the No. 9 Order).

Articles 6 to 10 amend the No. 11, the No. 13, the No. 14, the No. 16 and the No. 17 Orders in order to reflect the fact that claims may be made by members of a couple where the couple reside in any of the “specified districts” covered by those Orders. In particular, those articles remove provisions in the No. 13, the No. 14 and the No. 16 Orders that modified Schedule 5 to the No. 9 Order so that the UC provisions and the amending provisions came into force where claims were made by members of a couple who resided in certain of the “specified districts”, as these provisions are no longer needed given the amendment of that Schedule made by article 4 and the provision made by article 5.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources