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The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

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Statutory Instruments

2013 No. 2657 (C. 107)

Social Security

The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

Made

14th October 2013

The Secretary of State, in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012 M1, makes the following Order:

Marginal Citations

CitationU.K.

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013.

InterpretationU.K.

2.—(1) In this Order—

the Act” means the Welfare Reform Act 2012;

the amending provisions” means the provisions referred to in article 4(1)(a) to (c) of the No. 9 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance);

[F1 “claimant”, in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the 2007 Act and the 1995 Act (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance) respectively and, in relation to universal credit, has the same meaning as in Part 1 of the Act ; ]

employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 M2;

[F1“First-tier Tribunal” has the same meaning as in the Social Security Act 1998;

“gateway conditions” means the conditions referred to in Schedule 5 to the No. 9 Order;]

jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995 M3;

No. 4 relevant districts” means the postcode part-districts specified in the Schedule;

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 M4.

[F1“Upper Tribunal” has the same meaning as in the Social Security Act 1998.]

[F1(2) For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 apply for the purpose of deciding—

(a)whether a claim for universal credit is made; and

(b)the date on which such a claim is made.]

Day appointed for commencement of the universal credit provisions in Part 1 of the ActU.K.

3.—(1) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2 to the No. 9 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

[F2(2) The claims referred to are—

(a)a claim for universal credit where, on the date on which the claim is made, the claimant resides in one of the No. 4 relevant districts and meets the gateway conditions; and

(b)a claim for universal credit where—

(i)the claimant gives incorrect information regarding the claimant residing in a No. 4 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii)after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given.]

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made or treated as made.

F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Article 3(6) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 3(4)(a) of the No. 9 Order.

[F2(6) Article 3A of the No. 9 Order applies in connection with a claim for universal credit where a claimant makes an incorrect statement regarding the claimant residing in a No. 4 relevant district or meeting the gateway conditions, as it applies in connection with an incorrect statement regarding the claimant residing in a relevant district (as defined in the No. 9 Order) or meeting the gateway conditions.]

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowanceU.K.

[F34.(1) The day appointed for the coming into force of the amending provisions, in relation to the case of a claim referred to in paragraph (2) and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a)a claim for universal credit, an employment and support allowance or a jobseeker’s allowance where, on the date on which the claim is made, the claimant—

(i)resides in one of the No. 4 relevant districts; and

(ii)meets the gateway conditions;

(b)a claim for universal credit where—

(i)the claimant gives incorrect information regarding the claimant residing in a No. 4 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii)after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information has been given regarding residence or meeting the gateway conditions; and

(c)a claim for an employment and support allowance or a jobseeker’s allowance that does not fall within sub-paragraph (a) and that is made during the relevant period by a claimant of universal credit who has made a claim for universal credit within sub-paragraph (a) or (b).

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) For the purposes of paragraph (2)(c), “relevant period” means, in relation to a claim for universal credit referred to in paragraph (2)(a) or (b), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

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

(a)a claim for universal credit as referred to in paragraph (2)(a) or (b) has been made but a decision has not yet been made on the claim; or

(b)a decision has been made that the claimant is 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 claimant has 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.

(6) Paragraphs (6) and (7) of article 4 of the No. 9 Order apply in relation to the case of a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply in relation to the case of a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order (and any award that is made in respect of the claim).

(7) Article 5(1) of the No. 9 Order applies for the purposes of paragraph (2)(a) as it applies for the purposes of article 4(2)(a) of the No. 9 Order.

(8) Paragraphs (5) to (7) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (a) and (c) of paragraph (2) as they apply for the purposes of sub-paragraphs (a) and (g) of article 4(2) of the No. 9 Order.

(9) Article 5(8) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 4(3)(a) of the No. 9 Order.]

Amendment of the No. 9 OrderU.K.

5.  With effect from 29th October 2013—

(a)in article 11(2)(f)(ii) of the No. 9 Order, for “paragraph (2)(b)(iii)” substitute “ paragraph (4)(c) ”; and

(b)in article 5 of the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 M5, the reference to article 11 of the No. 9 Order is a reference to article 11 as amended by paragraph (a).

Marginal Citations

Application of the No. 9 OrderU.K.

6.  [F4Articles] 9 to 22 of the No. 9 Order M6F5 apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2)(a) and (b) of the No.9 Order and any award made in respect of the claim.

Textual Amendments

Marginal Citations

M6Articles 10 to 13 of, and Schedule 4 (which takes effect under article 9) to, the Order were amended by S.I. 2013/1511 (C.60); article 11 of the Order was amended by article 5 of this Order

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

Freud

Parliamentary Under Secretary of State

Department for Work and Pensions

14th October 2013

Article 2(1)

SCHEDULEU.K.The No. 4 relevant districts

1.  M35 5.U.K.

2.  W6 0.U.K.

3.  W6 6 to W6 9.U.K.

4.  W14 0.U.K.

5.  W14 4.U.K.

6.  W14 8 and W14 9.U.K.

7.  WN1 3.U.K.

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the Welfare Reform Act 2012 (c.5) (“the Act”) that relate to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker's allowance, by reference to the cases set out in articles 3 and 4. It also amends a transitional provision in 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 (S.I. 2013/ 983, C.41) (“the No. 9 Order”).

Article 3 brings into force provisions relating to UC in Part 1 of the Act, as set out in Schedule 2 to the No. 9 Order (“the UC provisions”) in relation to two different cases.

The case in article 3(2)(a) relates to the making of a claim for UC on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 where a person resides in a “No. 4 relevant district” at the time that the claim is made (the “No. 4 relevant districts” are described in the Schedule). Other conditions (“Pathfinder Group conditions”) for making a claim for UC are set out in the Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386).

The case in article 3(2)(b) relates to the making of a claim for UC where a person claims UC on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 and provides incorrect information as to their residence in a No. 4 relevant district, but this is only discovered once payments of UC have been made.

Under article 3(3), the day appointed for the commencement of the UC provisions in the above cases is the first day of the period in respect of which the claim is made or treated as made.

Article 3(4) and (5) applies the provisions of article 3(5) and (6) of the No. 9 Order to the cases in article 3(2) of this Order.

Article 4 brings into force provisions relating to the abolition of income-related employment and support allowance and of income-based jobseeker's allowance (“the amending provisions”), in relation to two different cases.

Under article 4(2)(a), the amending provisions come into force in relation to a claim for UC, an employment and support allowance (“ESA”) or a jobseeker's allowance (“JSA”), and any award that is made in respect of the claim, where a person claims UC, ESA or JSA on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 and, at the time that the claim is made, resides in a No. 4 relevant district and meets the Pathfinder Group conditions.

Under article 4(2)(b), the amending provisions come into force in relation to a claim for UC and any award that is made in respect of the claim where a person claims UC on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 and provides incorrect information as to their residence in a No. 4 relevant district, or as to their meeting the Pathfinder Group conditions, but this is only discovered once payments of UC have been made.

Under article 4(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made or treated as made.

Article 4(4) to (7) applies the provisions of article 4(4) and (5) and article 5 of the No. 9 Order to the cases in article 4(2).

Article 5 amends article 11(2)(f)(ii) of the No. 9 Order (transition from new style ESA) consequent on a technical amendment made to regulation 30 of the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) by the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536).

Article 6 provides that articles 6 and 9 to 22 of the No. 9 Order apply in relation to the case of a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in relation to the case of a claim referred to in article 4(2)(a) and (b) of the No. 9 Order, and any award made in respect of the claim.

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 M7
Section 1 (partially)1st July 20132013/1511
Section 1 (partially)29th July 20132013/1511
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)29th April 20132013/983
Section 5 (partially)1st July 20132013/1511
Section 5 (partially)29th July 20132013/1511
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 3225th February 20132013/358
Section 33(1)(a) and (b), (2) and (3) (partially)As section 1As section 1
Section 33(1)(e)1st April 20132013/358
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 (for all remaining purposes)29th April 20132013/983
Sections 40, 42 and 4325th February 20132013/358
Section 44(1) (partially)As section 1As section 1
Section 44(2) (partially)As section 1As section 1
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(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 1As section 1
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 1As section 1
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 1As section 1
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
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 20132013/178
Section 120 (for all remaining purposes)6th April 20132013/178
Sections 122, 123 and 125 M86th 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 143, 144 and 1468th May 20122012/863
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 3 (partially)1st April 20132013/358
Schedule 3 (partially)29th April 20132013/983
Schedule 3 (partially)1st July 20132013/1511
Schedule 3 (partially)29th July 20132013/1511
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)1st April 20132013/358
Part 1 of Schedule 14 (partially)29th April 20132013/983
Part 1 of Schedule 14 (partially)1st July 20132013/1511
Part 1 of Schedule 14 (partially)29th July 20132013/1511
Part 3 of Schedule 14 (partially)22nd October 20122012/2530
Parts 4 and 5 of Schedule 14 (partially)As section 1As section 1
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

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This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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