The Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019

Citation and Interpretation

1.—(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019.

(2) In this Order—

“the Act” means the Welfare Reform Act 2012;

“the 2002 Act” means the Tax Credits Act 2002(1);

“the 2015 Order (N.I.)” means the Welfare Reform (Northern Ireland) Order 2015(2);

“the No. 8 Order (N.I.)” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017(3);

“the No. 9 Order” means 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(4);

“the No. 21 Order” means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015(5);

“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015(6);

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987(7);

“couple” means a couple as defined in section 3(5A) of the 2002 Act(8);

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007(9);

“jobseeker’s allowance” means a jobseeker’s allowance under the Jobseekers Act 1995(10);

“joint-claim couple” has the same meanings as in the Jobseeker’s Act 1995;

“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006(11);

“mixed-age couple” means a couple, one member of which has attained the qualifying age and the other of which has not;

“polygamous unit” means a polygamous unit within the meaning of the Tax Credits (Polygamous Marriages) Regulations 2003(12);

“qualifying age” means the qualifying age for state pension credit as defined in section 1(6) of the State Pension Credit Act 2002(13);

“single claimant” means a person who makes a single claim for a tax credit as referred to in section 3(3)(b) of the 2002 Act;

“tax credit” (including “child tax credit” and “working tax credit”) have the same meanings as in the 2002 Act and “tax year” has the same meaning as in Part 1 of that Act;

“UC age condition” means the condition in section 4(1)(b) of the Act for Great Britain or Article 9(1)(b) of the 2015 Order (N.I.) for Northern Ireland, subject to any exceptions in any instrument made under the Act or 2015 Order (N.I.);

“UC couple” means a couple as defined in section 39 of the Act for Great Britain or Article 45 of the 2015 Order (N.I.) for Northern Ireland (in article 4, as defined in that section 39);

“UC joint claimants” means joint claimants as defined in section 40 of the Act for Great Britain or Article 46 of the 2015 Order (N.I.) for Northern Ireland (in article 4, as defined in that section 40);

“UC provisions” means the provisions listed in Schedule 2 to the No. 9 Order;

“UC single claimant” means a single claimant as defined in section 40 of the Act for Great Britain or Article 46 of the 2015 Order (N.I.) for Northern Ireland (in article 4, as defined in that section 40);

“UC transitional provisions” means the orders made under section 150(3) of the Act or Article 2(2) of the 2015 Order (N.I.) that commence the UC provisions, or the provisions listed in Schedule 1 to the No. 8 Order (N.I.), respectively, and the regulations made under Schedule 6 to the Act or Schedule 6 to the 2015 Order (N.I.).

(3) In this Order—

(a) “frontier worker” means a person, other than a person referred to in sub-paragraph (b), who is in Great Britain for the purposes of section 4(1)(c) of the Act but who does not reside in Great Britain or Northern Ireland;

(b) the person referred to is a crown servant or member of Her Majesty’s forces posted overseas (where “crown servant” and “posted overseas” have the same meanings as in regulation 10 of the Universal Credit Regulations 2013(14)).

(1)

2002 c.21.

(2)

S.I. 2015/2006 (N.I. 1).

(3)

S.R. 2017 No. 190 (C. 11).

(4)

S.I. 2013/983 (C. 41).

(5)

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

(6)

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

(7)

S.I. 1987/1968.

(8)

Subsection (5A) was substituted by the Civil Partnership Act 2004 (c. 33), Schedule 24, Part 14, paragraph 144(1) and (3). The 2002 Act is repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) – see articles 2 and 3 of this Order for commencement and savings.

(9)

2007 c. 5.

(10)

1995 c. 18.

(11)

2006 c. 52.

(12)

S.I. 2003/742.

(13)

2002 c. 16.

(14)

S.I. 2013/376.