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The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019

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Statutory Instruments

2019 No. 935 (C. 25)

Social Security

The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019

Made

14th May 2019

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 and interpretation

1.—(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019.

(2) In this Order, “the No. 31 Order” means the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019(2).

Amendment of the No. 31 Order

2.—(1) The No. 31 Order is amended as follows.

(2) In article 2—

(a)in paragraph (1)—

(i)before “the 2002 Act”, insert—

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992(3);;

(ii)omit the definition of “couple”;

(b)after paragraph (1), insert—

(1A) In this Order, “couple” has the same meaning as in the 2002 Act(4), save—

(a)in reference to entitlement to housing benefit, where it has the same meaning as in Part VII of the 1992 Act(5); and

(b)in article 7(3)(a), where it has the meaning given by article 7(2)(b)(ii).;

(c)in paragraph (3), after “article 6(2)” insert “and article 8(2)(b)”;

(d)in paragraph (4)(b)—

(i)at the start, insert “save in article 7(3)(a),”;

(ii)after “part of a”, insert “mixed-age”;

(iii)for “the claim being made, or the person” substitute “a person claiming or”;

(iv)for “a person” substitute “the person”; and

(v)omit “(save in article 7(3)) a member of”.

(3) In article 7—

(a)in the heading, before “polygamous marriages” insert “application of the rules in universal credit for treatment of couples and”;

(b)in paragraph (1), for “party to a polygamous marriage” substitute “member of a mixed-age couple”;

(c)for paragraph (2) substitute—

(2) For the purposes of paragraph (3)—

(a)all secondary legislation relevant to assessment of entitlement to state pension credit or housing benefit applies so that claims and awards may be made in respect of the party specified in paragraph (3)(a) or (b) as a part of a couple or as a single person respectively; and

(b)the following rules in regulation 3 of the Universal Credit Regulations 2013 apply—

(i)the rule in paragraph (3) (treatment of certain couples), which establishes that a member of a couple may make a claim as a single person;

(ii)the rule in paragraph (4) (treatment of polygamous marriages), which establishes that two of the parties to a polygamous marriage are to be treated as a couple and the remaining party (or parties) as a single person (or single persons);

(iii)the rule in paragraph (6) (absence from the household), which establishes that members of a couple may cease to be treated as a couple.;

(d)in paragraph (3)—

(i)in sub-paragraph (a), for “(2)(a)” substitute “(2)(b)(ii)”;

(ii)in sub-paragraph (b), for “(2)(a)” substitute “(2)(b)(i) to (iii)”.

(4) After article 7 insert—

Transitional provision: where restrictions on claims for universal credit are in place

8.(1) This article applies to a member of a mixed-age couple who, further to articles 3 to 7, is excluded from entitlement to state pension credit or housing benefit, and is also prevented from claiming universal credit by virtue of—

(a)regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014 (claims for universal credit may not be made in an area or category of case)(6);

(b)regulation 4A of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium)(7); or

(c)article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)(8).

(2) Where this article applies, the member of the mixed-age couple who has attained the qualifying age for state pension credit is, for the purposes of an award of benefit referred to in the following sub-paragraphs to that member, to be treated as—

(a)meeting the basic condition of entitlement (upper age limit) for—

(i)income support, in section 124(1)(aa) of the 1992 Act(9);

(ii)a jobseeker’s allowance, in section 1(2)(h) of the 1995 Act; or

(iii)an employment and support allowance, in section 1(3)(c) of the 2007 Act; and

(b)not having attained that age for housing benefit, for the purposes of regulation 5 of the Housing Benefit Regulations 2006(10) and regulation 5 of the Housing Benefit SPC Regulations, so that the Housing Benefit Regulations 2006 apply to the assessment of the award.

(3) This article continues to apply until the award of benefit referred to in paragraph (2)(a) or (b) terminates, regardless of whether paragraph (1)(a), (b) or (c) continues to apply throughout the award.

(4) Where a member of a mixed-age couple who has attained the qualifying age for state pension credit is entitled to income support by virtue of paragraph (2)(a)(i), references to a claimant’s partner in paragraphs 9 and 9A (conditions for pensioner premium)(11) and in paragraph 10 (condition for higher pensioner premium)(12) of Schedule 2 to the Income Support (General) Regulations 1987(13) have effect as though they were references to the claimant.

(5) In this article—

“the 1995 Act” means the Jobseekers Act 1995(14);

“the 2007 Act” means the Welfare Reform Act 2007(15);

“employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related employment and support allowance;

“income support” has the same meaning as in Part VII of the 1992 Act;

“jobseeker’s allowance” means a jobseeker’s allowance under the 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based jobseeker’s allowance..

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

Guy Opperman

Parliamentary Under Secretary of State

Department for Work and Pensions

14th May 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019 (S.I. 2019/37 (C. 1)).

The amendments are technical in nature and provide for the availability of benefit where universal credit is or would be unavailable to a member of a mixed-age couple of state pension credit qualifying age.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act 2012 (c. 5) were brought into force by a Statutory Instrument which was made before this Order was made.

ProvisionDate of commencementS.I. Number
Section 1 (partially)29th April 20132013/983
Section 1 (partially)1st July 20132013/1511
Section 1 (partially)29th July 20132013/1511
Section 1 (partially)28th October 20132013/2657
Section 1 (partially)25th November 20132013/2846
Section 1 (partially)24th February 20142014/209
Section 1 (partially)7th April 20142014/209
Section 1 (partially)23rd June 20142014/1583
Section 1 (partially)30th June 20142014/1583
Section 1 (partially)30th June 20142014/1661
Section 1 (partially)7th July 20142014/1583
Section 1 (partially)14th July 20142014/1583
Section 1 (partially)21st July 20142014/1583
Section 1 (partially)28th July 20142014/1583
Section 1 (partially)28th July 10142014/1923
Section 1 (partially)15th September 20142014/2321
Section 1 (partially)22nd September 20142014/2321
Section 1 (partially)29th September 20142014/2321
Section 1 (partially)6th October 20142014/2321
Section 1 (partially)13th October 20142014/2321
Section 1 (partially)20th October 20142014/2321
Section 1 (partially)27th October 20142014/2321
Section 1 (partially)3rd November 20142014/2321
Section 1 (partially)10th November 20142014/2321
Section 1 (partially)17th November 20142014/2321
Section 1 (partially)24th November 20142014/2321
Section 1 (partially)24th November 20142014/3067
Section 1 (partially)26th November 20142014/3094
Section 1 (partially)1st December 20142014/2321
Section 1 (partially)8th December 20142014/2321
Section 1 (partially)15th December 20142014/2321
Section 1 (partially)26th January 20152015/32
Section 1 (partially)28th January 20152015/33
Section 1 (partially)16th February 20152015/101
Section 1 (partially)23rd February 20152015/101
Section 1 (partially)2nd March 20152015/32
Section 1 (partially)2nd March 20152015/101
Section 1 (partially)9th March 20152015/101
Section 1 (partially)16th March 20152015/101
Section 1 (partially)18th March 20152015/634
Section 1 (partially)23rd March 20152015/101
Section 1 (partially)6th April 20152015/32
Section 1 (partially)6th April 20152015/101
Section 1 (partially)13th April 20152015/101
Section 1 (partially)20th April 20152015/101
Section 1 (partially)27th April 20152015/101
Section 1 (partially)4th May 20152015/101
Section 1 (partially)11th May 20152015/101
Section 1 (partially)18th May 20152015/101
Section 1 (partially)25th May 20152015/101
Section 1 (partially)1st June 20152015/101
Section 1 (partially)8th June 20152015/101
Section 1 (partially)10th June 20152015/634
Section 1 (partially)15th June 20152015/101
Section 1 (partially)22nd June 20152015/101
Section 1 (partially)29th June 20152015/101
Section 1 (partially)6th July 20152015/101
Section 1 (partially)13th July 20152015/101
Section 1 (partially)20th July 20152015/101
Section 1 (partially)21st September 20152015/1537
Section 1 (partially)28th September 20152015/1537
Section 1 (partially)5th October 20152015/1537
Section 1 (partially)12th October 20152015/1537
Section 1 (partially)19th October 20152015/1537
Section 1 (partially)26th October 20152015/1537
Section 1 (partially)2nd November 20152015/1537
Section 1 (partially)4th November 20152015/634
Section 1 (partially)9th November 20152015/1537
Section 1 (partially)16th November 20152015/1537
Section 1 (partially)23rd November 20152015/1537
Section 1 (partially)30th November 20152015/1537
Section 1 (partially)2nd December 20152015/1930
Section 1 (partially)7th December 20152015/1537
Section 1 (partially)14th December 20152015/1537
Section 1 (partially)11th January 20162015/1537
Section 1 (partially)18th January 20162015/1537
Section 1 (partially)25th January 20162015/1537
Section 1 (partially)27th January 20162016/33
Section 1 (partially)1st February 20162015/1537
Section 1 (partially)8th February 20162015/1537
Section 1 (partially)15th February 20162015/1537
Section 1 (partially)22nd February 20162015/1537
Section 1 (partially)24th February 20162016/33
Section 1 (partially)29th February 20162015/1537
Section 1 (partially)7th March 20162015/1537
Section 1 (partially)14th March 20162015/1537
Section 1 (partially)21st March 20162015/1537
Section 1 (partially)23rd March 20162016/407
Section 1 (partially)28th March 20162015/1537
Section 1 (partially)11th April 20162015/1537
Section 1 (partially)18th April 20162015/1537
Section 1 (partially)25th April 20162015/1537
Section 1 (partially)27th April 20162016/407
Section 1 (partially)1st February 20192019/167
Section 2(1) (partially)As section 1As section 1
Section 2(2)25th February 20132013/358
Section 3 (partially)As section 1As section 1
Section 4(1) and (4) (partially)As section 1As section 1
Section 4(2), (3) and (5) to (7)25th February 20132013/358
Section 5 (partially)25th February 20132013/358
Section 5 (partially)As section 1As section 1
Section 6(1)(a) and (3) (partially)25th February 20132013/358
Section 6 (partially)As section 1As section 1
Section 7(1) and (4) (partially)As section 1As section 1
Section 7(2) and (3)25th February 20132013/358
Section 8 (partially)As section 1As section 1
Section 8(3) (partially)25th February 20132013/358
Section 9(1) (partially)As section 1As section 1
Sections 9(2) and (3), 10(2) to (5) and 11(3) to (5)25th February 20132013/358
Section 10(1) (partially)As section 1As section 1
Section 11(1) and (2) (partially)As section 1As section 1
Section 12(1) (partially)25th February 20132013/358
Section 12(1) and (2) (partially)As section 1As section 1
Section 12(3) and (4)25th February 20132013/358
Section 13 (partially)As section 1As section 1
Section 14 (partially)As section 1As section 1
Section 14(5) (partially)25th February 20132013/358
Section 15(1) and (4) (partially)As section 1As section 1
Sections 15(2) and (3) and 17(3)(f)25th February 20132013/358
Section 16 (partially)As section 1As section 1
Section 17(1), (2), (3)(a) to (e), (4) and (5) (partially)As section 1As section 1
Section 17(4) and (5) (partially)25th February 20132013/358
Section 18 (partially)As section 1As section 1
Section 18(3) and (5) (partially)25th February 20132013/358
Section 19(1), (2)(a) to (c), (5) and (6) (partially)As section 1As section 1
Section 19(2)(d), (3) and (4)25th February 20132013/358
Section 20(1) (partially)25th February 20132013/358
Section 20 (partially)As section 1As section 1
Section 21 (partially)As section 1As section 1
Section 22 (partially)As section 1As section 1
Section 22(2) (partially)25th February 20132013/358
Section 23 (partially)As section 1As section 1
Sections 24(1), (5) and (6) and 2525th February 20132013/358
Section 24(2), (3) and (4) (partially)As section 1As section 1
Section 26(1) to (5) (partially)As section 1As section 1
Section 26(2)(a) (partially)25th February 20132013/358
Sections 26(6) to (8), 27(4), (5) and (9) and 2825th February 20132013/358
Section 27(1) to (3) and (6) to (8) (partially)As section 1As section 1
Section 2929th April 20132013/983
Sections 30 and 31 (partially)25th February 20132013/358
Section 31 (partially)1st April 20132013/358
Section 31 (partially)29th April 20132013/358
Section 31 (partially)29th April 20132013/983
Section 31 (partially)15th May 20192019/37
Section 3225th February 20132013/358
Section 33(1)(a) and (b), (2) and (3) (partially)16th June 20142014/1452
Section 33(1)(a) and (b), (2) and (3) (partially)As section 1As section 1
Section 33(1)(e)1st April 20132013/358
Section 33(1)(f)1st February 20192019/167
Sections 33(3) (partially)1st April 20132013/358
Section 35 (partially)25th February 20132013/358
Section 35 (partially)29th April 20132013/983
Section 36 (partially)25th February 20132013/358
Sections 37(3) to (7) and 39(3)(a)25th February 20132013/358
Section 37 (for all remaining purposes)29th April 20132013/983
Section 3829th April 20132013/983
Section 39 (partially)25th February 20132013/358
Section 39 (for all remaining purposes)29th April 20132013/983
Sections 40, 42 and 4325th February 20132013/358
Section 4115th September 20142014/2321
Section 44(1) (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Section 44(2) (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Section 44(5)10th June 20122012/1246
Section 458th October 20122012/2530
Section 46(1) and (3) (partially)10th June 20122012/1246
Section 46(1) (partially)22nd October 20122012/2530
Section 46(1) (for all remaining purposes)19th June 20172017/664
Section 46(2)10th June 20122012/1246
Section 46(3) (for all remaining purposes)22nd October 20122012/2530
Section 46(4)22nd October 20122012/2530
Section 4720th March 20122012/863
Section 48 (partially)22nd October 20122012/2530
Section 49(1) and (3) (partially)25th February 20132013/358
Section 49(1), (2) and (3) to (5) (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Section 49(6)25th February 20132013/358
Section 51 (partially)20th March 20122012/863
Section 51 (for all remaining purposes)1st May 20122012/863
Sections 52 and 531st May 20122012/863
Section 54(1) (partially)25th February 20132013/358
Section 54(1) and (2) (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Section 54(6)25th February 20132013/358
Section 553rd December 20122012/2530
Section 5626th November 20122012/2530
Section 57(1) and (2) (partially)25th February 20132013/358
Section 57(1), (2), (4), (5) and (9) (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Section 57(6)25th February 20132013/358
Section 58(1) and (2)20th March 20122012/863
Section 64 (partially)30th October 20122012/2530
Section 64 (for all remaining purposes)5th December 20122012/2530
Section 655th December 20122012/2530
Section 66 (partially)30th October 20122012/2530
Section 66 (partially)31st October 20132013/2534
Sections 67 and 685th December 20122012/2530
Section 69 (partially)27th November 20122012/2946
Section 69 (for all remaining purposes)1st January 20132012/2946
Section 70(1) and (3) to (10)1st April 20132012/3090
Section 70(2)1st August 20132012/3090
Section 731st April 20132012/3090
Section 77(3) (partially)25th February 20132013/358
Section 77(1) to (3) (partially)8th April 20132013/358
Section 77(1) to (3) (for all remaining purposes)10th June 20132013/1250
Section 78(1), (2), (5) and (6) (partially)8th April 20132013/358
Section 78(1), (2), (5) and (6) (for all remaining purposes)10th June 20132013/1250
Section 78(3) and (4)25th February 20132013/358
Section 79(1), (2), (5) and (6) (partially)8th April 20132013/358
Section 79(1), (2), (5) and (6) (for all remaining purposes)10th June 20132013/1250
Section 79(3), (4) and (7)25th February 20132013/358
Sections 80 and 8125th February 20132013/358
Section 82 (partially)8th April 20132013/358
Section 82 (for all remaining purposes)10th June 20132013/1250
Section 83(3) (partially)25th February 20132013/358
Section 83(1) to (3) and 84 (partially)8th April 20132013/358
Section 83(1) to (3) and 84 (for all remaining purposes)10th June 20132013/1250
Sections 85 and 8625th February 20132013/358
Section 87 (partially)25th February 20132013/358
Section 87 (partially)8th April 20132013/358
Section 87 (for all remaining purposes)10th June 20132013/1250
Sections 88 and 89 (partially)8th April 20132013/358
Sections 88 and 89 (for all remaining purposes)10th June 20132013/1250
Section 91 (partially)25th February 20132013/358
Section 91 (partially)8th April 20132013/358
Section 91 (partially)10th June 20132013/1250
Sections 92, 93 and 9425th February 20132013/358
Section 95 (partially)25th February 20132013/358
Section 95 (partially)8th April 20132013/358
Section 95 (for all remaining purposes)10th June 20132013/1250
Section 96 (partially)27th November 20122012/2946
Section 96 (for all remaining purposes)15th April 20132012/2946
Section 97(1) to (4)27th November 20122012/2946
Section 97(5) and (6)15th April 20132012/2946
Sections 98 and 9925th February 20132013/358
Section 10025th February 20132013/358
Section 101(1) (partially)25th February 20132013/358
Section 101(2)1st April 20132013/358
Section 102(1) (partially)25th February 20132013/358
Section 102(2) to (5)25th February 20132013/358
Section 102(6) (partially)25th February 20132013/358
Section 102(6) (partially)29th April 20132013/983
Section 10425th February 20132013/358
Section 105(1) (partially)1st July 20122012/1246
Section 105(1) (partially)1st October 20122012/1246
Section 105(1) (partially)29th April 20132013/358
Section 105(3), (5) and (6)29th April 20132013/358
Section 105(4)1st October 20122012/1246
Section 105(7) (partially)29th April 20132013/358
Section 1061st July 20122012/1246
Section 110 (partially)17th June 20132013/1250
Section 1101st October 20132013/1250
Section 112(1) and (2) (partially)20th April 20162016/511
Section 112(1) and (2) (for all remaining purposes)24th May 20162016/511
Section 112(3) to (6)24th May 20162016/511
Sections 113 to 1158th May 20122012/863
Section 116(1) (partially)10th May 20122012/1246
Section 116(1) (for all remaining purposes)1st October 20122012/1246
Section 116(2)10th May 20122012/1246
Section 117(1) (partially)1st April 20132013/358
Section 117(1) (for all remaining purposes)6th April 20132013/358
Section 117(2)1st April 20132013/358
Section 117(3)6th April 20132013/358
Section 118(1), (2), (5) and (8)(b) (partially)25th February 20132013/358
Section 118(1), (2), (5) and (8)(b) (for all remaining purposes)1st April 20132013/358
Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 1191st April 20132013/358
Section 120 (partially)1st February 20132012/178
Section 120 (for all remaining purposes)6th April 20132012/178
Sections 122, 123 and 125(16)6th June 20122012/1246
Sections 128 and 12920th March 20122012/863
Section 130 (partially)20th March 20122012/863
Section 130 (for all remaining purposes)8th May 20122012/863
Section 131 (partially)20th March 20122012/863
Section 131 (for all remaining purposes)8th May 20122012/863
Section 132(8)20th March 20122012/863
Section 132 (for all remaining purposes)8th May 20122012/863
Section 133(1) to (4)20th March 20122012/863
Section 133(6)2nd July 20122012/1651
Sections 136, 140 and 14125th November 20132013/2947
Section 13730th June 20142014/1635
Sections 143, 144 and 1468th May 20122012/863
Section 147 (partially)31st March 20222018/145
Schedule 1 (partially)25th February 20132013/358
Schedule 2 (partially)25th February 20132013/358
Schedule 2 (partially)1st April 20132013/358
Schedule 2 (partially)29th April 20132013/358
Schedule 2 (partially)29th April 20132013/983
Schedule 2 (partially)15th May 20192019/37
Schedule 3 (partially)1st April 20132013/358
Schedule 3 (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Schedule 5 (partially)25th February 20132013/358
Schedule 5 (partially)29th April 20132013/983
Schedule 6 (partially)25th February 20132013/358
Schedule 7 (partially)22nd October 20122012/2530
Schedule 8 (partially)1st April 20132012/3090
Schedule 8 (for all remaining purposes)1st August 20132012/3090
Schedule 9 (partially)25th February 20132013/358
Schedule 9 (partially)8th April 20132013/358
Schedule 9 (partially)10th June 20132013/1250
Schedule 1025th February 20132013/358
Schedule 11 (partially)25th February 20132013/358
Schedule 11 (partially)29th April 20132013/983
Part 1 of Schedule 14 (partially)As Schedule 3As Schedule 3
Part 1 of Schedule 14 (partially)31st March 20222018/145
Part 1 of Schedule 14 (partially)1st February 20192019/167
Part 3 of Schedule 14 (partially)22nd October 20122012/2530
Parts 4 and 5 of Schedule 14 (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Part 8 of Schedule 14 (partially)1st April 20132012/3090
Part 8 of Schedule 14 (partially)1st August 20132012/3090
Part 11 of Schedule 14 (partially)1st April 20132013/358
Part 11 of Schedule 14 (partially)29th April 20132013/358
Part 14 of Schedule 148th May 20122012/863
(4)

See section 17(1). The definition of “couple” was substituted by S.I. 2014/560 in relation to England and Wales and S.I. 2014/3229 in relation to Scotland.

(5)

See section 137(1). The definition of “couple” was substituted by S.I. 2014/560 in relation to England and Wales and S.I. 2014/3229 in relation to Scotland.

(7)

Regulation 4A was inserted by S.I. 2019/10.

(9)

Sub-paragraph (aa) was inserted by section 14 of, and Schedule 2 to, the State Pension Credit Act 2002 (c. 16).

(11)

Paragraph 9 was substituted by S.I. 1989/534 and 2002/3019 and amended by S.I. 2009/1488.

(12)

Sub-paragraph (1) of paragraph 10 was substituted by S.I. 2002/3019 and amended by S.I. 2003/2379, 2007/719 and 2009/1488. Sub-paragraph (6) was inserted by S.I. 2007/719.

(15)

2007 c. 5.

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