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

Substitution of article 5 of the No. 9 Order: provisions abolishing income-related employment and support allowance and income-based jobseeker’s allowance

7.—(1) Where article 3 applies, for article 5 of the No. 9 Order (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.— (1) For the purposes of article 4(2)(a), in determining whether a claimant meets the gateway conditions, Schedule 5 is to be read as though any reference to making a claim for universal credit included a reference to making a claim for an employment and support allowance or for a jobseeker’s allowance as the case may be.

(2) The view of the Secretary of State referred to in article 4(2)(c) is that each of the joint claimants meets the basic conditions in section 4(1)(a) to (d) of the Act (other than any of those conditions which the claimant is not required to meet by virtue of regulations under section 4(2) of the Act).

(3) For the purposes of article 4(2)(g), “relevant period” means—

(a) in relation to a claim for universal credit within article 4(2)(a) to (d), any UC claim period, and any period subsequent to any UC claim period in respect of which the single claimant or the joint claimants is or are entitled to an award of universal credit in respect of the claim;

(b) in relation to an award of universal credit within article 4(2)(e) or (f), any period when the single claimant or the joint claimants to whom the award was made is or are entitled to the award.

(4) For the purposes of paragraph (3)(a), a “UC claim period” is a period when—

(a) a claim for universal credit within article 4(2)(a), (b)(i) or (d) has been made but a decision has not yet been made on the claim;

(b) a claim for universal credit within article 4(2)(c) has been treated as made and no decision has yet been made as to the joint claimants’ entitlement; or

(c) a decision has been made that a single claimant or joint claimants is or are not entitled to universal credit and—

(i) the Secretary of State is considering whether to revise that decision under section 9 of the Social Security Act 1998, whether on an application made for that purpose, or on the Secretary of State’s own initiative; or

(ii) the single claimant or the joint claimants has or have appealed against that decision to the First-tier Tribunal and that appeal or any subsequent appeal to the Upper Tribunal or to a court has not been finally determined.

(5) Subject to paragraph (6), for the purposes of article 4(2)(a) and (g), the Claims and Payments Regulations 1987 apply for the purpose 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 is to be treated as made.

(6) For the purposes of article 4(2)(g)—

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

(b) except as provided in paragraph (7), 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 not made or treated as made during the relevant period or at a time referred to in article 4(2)(g)(iii) or (iv).

(7) The following provisions of the Claims and Payments Regulations 1987 apply for the purpose of deciding whether or not a claim for an employment and support allowance or a jobseeker’s allowance is made or is to be treated as made during the relevant period or at a time referred to in article 4(2)(g)(iii) or (iv)—

(a) regulation 6(1F)(b) or (c); and

(b) regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b).

(8) For the purposes of article 4(3)(a)—

(a) in the case of a claim for universal credit, where the time for making a claim is extended under regulation 26(2) of the Claims and Payments Regulations 2013 (time within which a claim for universal credit is to be made), the reference to the first day of the period in respect of which the claim is made is a reference to the first day of the period in respect of which the claim is, by reason of the operation of that provision, timeously made;

(b) in the case of a claim for an employment and support allowance or a jobseeker’s allowance, where the time for making a claim is extended under regulation 19 of, and Schedule 4 to, the Claims and Payments Regulations 1987(1), the reference to the first day of the period in respect of which the claim is made is a reference to the first day of the period in respect of which the claim is, by reason of the operation of those provisions, timeously made.”.

(1)

Regulation 19 was substituted by S.I. 1997/793 and relevant amendments to regulation 19 were made by 1997/2290, 1999/2572 and 3108, 2000/1982 and 2978, 2002/428 and 1397 and 2006/2377. Relevant amendments to Schedule 4 were made by S.I. 1996/1460 and 2008/1554.