The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015

Amendment of the No. 9 Order

4.—(1) Where this article applies, the No. 9 Order is amended as follows.

(2) In article 2(1)(1) (interpretation)—

(a) after the definition of “the Digital Service Regulations 2014” insert—

““disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992(2);”; and

(b) after the definition of “old style JSA” insert—

““personal independence payment” means an allowance under Part 4 of the Act;”.

(3) In article 4(3) (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance), at the end add—

“(8) For the purposes of paragraph (1), the reference to the case of a claim for universal credit referred to in paragraph (2)(a) to (d) (and any award made in respect of the claim), or of an award of universal credit without a claim referred to in paragraph (2)(e) and (f), includes a reference to an old style ESA award or an old style JSA award that exists (or, as a result of an act as referred to in paragraph (9), is later found to have existed at that time) immediately before the day appointed (as referred to in paragraph (3) or (4)) in relation to that claim or award without a claim.

(9) For the purposes of paragraph (8), the acts referred to are—

(a) the revision of a decision that the claimant was not entitled to old style ESA or old style JSA; or

(b) an appeal to the First-tier Tribunal, the Upper Tribunal or a court against such a decision.”.

(4) For article 5(5) to (7)(4) (provisions that apply in connection with the abolition of income-related employment and support allowance and income-based jobseeker’s allowance under article 4) substitute—

“(5) For the purposes of article 4(2)(a) and (g), the Claims and Payments Regulations 1987 apply, subject to paragraphs (6) and (7), for the purposes of deciding—

(a) whether a claim for an employment and support allowance or a jobseeker’s allowance is made; and

(b) the date on which the claim is made or treated as made.

(6) Subject to paragraph (7),—

(a) a person makes a claim for an employment and support allowance or a jobseeker’s allowance if he or she takes any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and

(b) it is irrelevant that the effect of any provision of the Claims and Payments Regulations 1987 is that, for the purposes of those Regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken.

(7) Where, by virtue of—

(a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987, in the case of a claim for an employment and support allowance; or

(b) regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations, in the case of a claim for a jobseeker’s allowance,

a claim for an employment and support allowance or a jobseeker’s allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (6)(a) is taken, the claim is treated as made on that earlier date.”.

(5) In Schedule 5 (gateway conditions)—

(a) in paragraph 3(1) (existing benefits)—

(i) in paragraph (e) omit “under section 71 of the Social Security Contributions and Benefits Act 1992”; and

(ii) in paragraph (f) omit “under Part 4 of the Act”; and

(b) in paragraph 6(5) (caring responsibilities)—

(i) for sub-paragraph (1) substitute—

“(1) There must not be a child or young person living with the claimant some or all of the time if the child or young person—

(a) has been certified as severely sight impaired or blind by a consultant ophthalmologist;

(b) is looked after by a local authority, within the meaning of section 22 of the Children Act 1989(6) or section 17(6) of the Children (Scotland) Act 1995(7), save where the child or young person is so looked after during any period referred to in regulation 4A(1)(a) of the Universal Credit Regulations(8); or

(c) is entitled to a disability living allowance or personal independence payment.”;

(ii) for sub-paragraph (2)(a) substitute—

“(a) be an adopter (within the meaning of the Universal Credit Regulations(9)) with whom a child has been placed during the period of 12 months ending immediately before the date on which the claim for universal credit is made or with whom a child is expected to be placed during the period of two months beginning with that date; or”; and

(iii) in sub-paragraph (3), at the end add—

“;

(c) “young person” means a person—

(i) who is not a child but who is under the age of 20; and

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

(1)

Article 2 was amended by S.I. 2014/1452 (C. 56) and S.I. 2014/3094 (C. 133); there are other amendments not relevant to this Order.

(2)

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

(3)

Article 4 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C. 88).

(4)

Article 5 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C. 88).

(5)

Schedule 5 was inserted by S.I. 2014/1452 (C. 56) and paragraph 6 was amended by S.I. 2014/1661 (C. 69).

(6)

1989 c. 41. Section 22 was amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c. 22), section 2 of the Children (Leaving Care) Act 2000 (c. 35), section 116(2) of the Adoption and Children Act 2002 (c. 38), section 52 of the Children Act 2004 (c. 31), section 39 of, and paragraphs 1 and 6 of Schedule 3 to, the Children and Young Persons Act 2008 (c. 23) and section 99 of the Children and Families Act 2014 (c. 6).

(7)

1995 c. 36. Section 17(6) was amended by paragraph 9(4) of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4) and by paragraph 2(4) of Schedule 5 to the Children’s Hearings (Scotland) Act 2011 (asp 1) and by S.S.I. 2013/211.

(8)

Regulation 4A was inserted by S.I. 2013/1508.

(9)

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