The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) (Amendment) Order 2015

This Statutory Instrument has been made in consequence of a defect in S.I. 2015/634 (C.32) and is being issued free of charge to all known recipients of that Statutory Instrument

Statutory Instruments

2015 No. 740 (C. 39)

Social Security

The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) (Amendment) Order 2015

Made

17th March 2015

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012(1):

Citation

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) (Amendment) Order 2015.

Amendment of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015

2.  The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015(2) is amended as follows—

(a) in article 7 (transitional provision: claims for housing benefit, income support or a tax credit)—

(i) in paragraph (1), for “(2)(a) of this Order in relation to a claim” substitute “(2)(a) to (c) of this Order in relation to that claim”; and

(ii) in paragraph (10)(b), for “regulations 6(1A)(b) and 6A” substitute “regulation 6(1A)(b) or 6A”; and

(b) in article 9(5)(b) (amendment of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015(3)), for ““regulations 6(1A)(b) and 6A”” substitute ““regulation 6(1A)(b) or 6A””.

Signed by authority of the Secretary of State for Work and Pensions

Freud

Parliamentary Under Secretary of State,

Department for Work and Pensions

17th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends articles 7 and 9 of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (“the No. 23 Order”), which Order in particular brings into force provisions relating to universal credit in the Welfare Reform Act 2012 (c. 5) (“the Act”) in relation to claims for universal credit that are made on or after certain dates, where certain conditions are fulfilled, beginning with claims that are made on or after 18th March 2015.

The Order amends paragraph (1) of article 7 (transitional provision: claims for housing benefit, income support or a tax credit) to provide that the prohibition in that article on a person claiming housing benefit, income support or a tax credit on any date applies where, if the person made a claim for universal credit on that date, the provisions of the Act would come into force under article 3(1) and (2)(b) or (c) of the No. 23 Order (day appointed for the coming into force of the universal credit provisions), as well as when they would come into force under article 3(1) and (2)(a) of that Order, and makes a slight technical change to the wording of paragraph (1).

The Order also makes a technical change to the reference in paragraph (10) of article 7 of the No. 23 Order, and in paragraph (5) of article 9 of that Order, to provisions relating to income support.

(1)

2012 c.5.

(2)

S.I. 2015/634 (C. 32).

(3)

S.I. 2015/33 (C. 4).