The Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013

SCHEDULES

Article 2(1)

SCHEDULE 1 Provisions coming into force for regulation-making purposes on 25th February 2013

1.  Section 5 (financial conditions of entitlement).

2.  Section 6(1)(a) and (3) (restrictions on entitlement).

3.  Section 8(3) (calculation of awards).

4.  Section 12(1) (other particular needs or circumstances).

5.  Section 14(5) (claimant commitment).

6.  Section 17(4) and (5) (work search requirement).

7.  Section 18(3) and (5) (work availability requirement).

8.  Section 20(1) (claimants subject to work-focused interview requirement only).

9.  Section 22(2) (claimants subject to all work-related requirements).

10.  Section 26(2)(a) (higher-level sanctions).

11.  Section 49(3) (claimant responsibilities for jobseeker’s allowance) and section 49(1) in so far as it relates to section 49(3).

12.  Section 57(2) (claimant responsibilities for employment and support allowance) and section 57(1) in so far as it relates to section 57(2).

13.  Section 77(3).

14.  Section 83(3).

15.  Section 87.

16.  Section 95.

17.  Section 101(1).

18.  Section 102(6) (power to require consideration of revision before appeal), except in so far as it relates to paragraphs 12 to 14 of Schedule 11 (power to require consideration of revision before appeal), and section 102(1) in so far as it relates to that subsection.

19.  Section 118(5) and (8)(b) and section 118(1) and (2) in so far as it relates to section 118(5) and (8)(b).

20.  Paragraphs 4 and 23 of Schedule 2 and paragraph 3 and section 31 in so far as they relate to those paragraphs.

21.  Paragraphs 2, 31 to 34, 43, 45, 47, 49 and 55 of Schedule 2 and section 31 in so far as it relates to those paragraphs.

22.  Paragraph 32 of Schedule 9, paragraph 7 of Schedule 9 in so far as it relates to paragraph 32 and section 91 in so far as it relates to those paragraphs.

23.  Paragraphs 39 and 41 of Schedule 9, paragraph 37 of Schedule 9 in so far as it relates to paragraphs 39 and 41 and section 91 in so far as it relates to those paragraphs.

24.  Paragraphs 1 to 11 and 15 to 18 of Schedule 11.

Article 2(2)

SCHEDULE 2 Provisions coming into force for all purposes on 25th February 2013

1.  Section 2(2) (claims for universal credit).

2.  Section 4(2), (3) and (5) to (7) (basic conditions of entitlement).

3.  Section 7(2) and (3) (basis of awards).

4.  Section 9(2) and (3) (standard allowance).

5.  Section 10(2) to (5) (responsibility for children and young persons).

6.  Section 11(3) to (5) (housing costs).

7.  Section 12(3) and (4).

8.  Section 15(2) and (3) (work-focused interview requirement).

9.  Section 17(3)(f).

10.  Section 19(2)(d), (3) and (4) (claimants subject to no work-related requirements).

11.  Section 24(1), (5) and (6) (imposition of requirements).

12.  Section 25 (compliance with requirements).

13.  Section 26(6) to (8).

14.  Section 27(4), (5) and (9) (other sanctions).

15.  Section 28 (hardship payments).

16.  Section 32 (power to make supplementary and consequential provision etc).

17.  Section 37(3) to (7) (capability for work or work-related activity).

18.  Section 39(3)(a) (couples).

19.  Section 40 (interpretation of Part 1).

20.  Section 42 (regulations: general).

21.  Section 43 (regulations: procedure).

22.  Section 49(6) and section 49(1) in so far as it relates to section 49(6).

23.  Section 54(6) (claimant commitment for employment and support allowance) and section 54(1) in so far as it relates to section 54(6).

24.  Section 57(6) and section 57(1) in so far as it relates to section 57(6).

25.  Section 78(3) and (4).

26.  Section 79(3), (4) and (7).

27.  Section 80 (ability to carry out daily living activities or mobility activities).

28.  Section 81 (required period condition: further provision).

29.  Section 85 (care home residents).

30.  Section 86 (hospital in-patients).

31.  Section 92 (power to make supplementary and consequential amendments).

32.  Section 93 (transitional).

33.  Section 94 (regulations).

34.  Section 98 (claims and awards).

35.  Section 99 (powers to require information relating to claims and awards).

36.  Section 100 (payments to joint claimants).

37.  Section 102(2) to (5) and section 102(1) in so far as it relates to those subsections.

38.  Section 104 (electronic communications).

39.  Paragraphs 1, 3, 4, 5 and 7 of Schedule 1 (universal credit: supplementary regulation-making powers) and section 30 (supplementary regulation-making powers) in so far as it relates to those paragraphs.

40.  Paragraphs 5, 6, 36, 46 and 48 of Schedule 2 and paragraph 3 of that Schedule and section 31 in so far as they relate to those paragraphs.

41.  Paragraphs 2 and 3 of Schedule 5 (universal credit and other working-age benefits) and section 35 (universal credit and working-age benefits) in so far as it relates to those paragraphs.

42.  Paragraphs 1(1) and (2)(b), 3(1)(a) to (c), 4(1)(a), 5(1), (2)(c) and (d) and (3)(a) and 6 of Schedule 6 (migration to universal credit) and section 36 in so far as it relates to those paragraphs.

43.  Paragraphs 9, 40 and 42 of Schedule 9, paragraphs 7 and 37 of Schedule 9 in so far as they relate to paragraphs 9, 40 and 42 and section 91 in so far as it relates to those paragraphs.

44.  Schedule 10 (personal independence payment: transitional).

Article 7(1)

SCHEDULE 3 Postcodes for personal independence payment

• BL

• CA

• CH except CH1, CH4, CH5, CH6, CH7 and CH8

• CW

• DH

• DL except DL6, DL7, DL8, DL9, DL10 and DL11

• FY

• L

• LA except LA2 7, LA2 8, LA6 2 and LA6 3

• M

• NE

• PR

• SR

• TS except TS9

• WA

• WN

Article 8(c)

SCHEDULE 4 Commencement of Repeals

Short title and chapter	Extent of repeal
Social Security Contributions and Benefits Act 1992 (c. 4)	Sections 123 to 137. Section 175(6).
Social Security Administration Act 1992 (c. 5)	Section 6. In section 7— (a) in the heading, the words “community charge benefits and others”; (b) subsection (2), so far as not otherwise repealed; (c) subsection (3)(b) and the preceding “and”. Sections 110A to 110AA. In section 111— (a) in subsection (1)(ab), “or 110AA”; (b) in subsection (3), “or 110A”. In section 115A— (a) in subsection (1), “or an authority”, “71A, 75 or 76” and “or authority”; (b) in subsection (1A) (as inserted by section 113 of the 2012 Act), “or an authority” in both places and “71A, 75 or 76”; (c) in subsection (2), “or authority”, in both places; (d) in subsection (5), “or authority”, in both places; (e) subsections (7A) and (7B). In section 115B— (a) in subsection (1), “or an authority that administers housing benefit or council tax benefit”; (b) in subsection (3), “or authority”, in both places; (c) in subsection (4)(a) (as substituted by section 102 of the 2012 Act), “or authority”; (d) in subsection (4A) (as so substituted), the words from “(and, where” to the end; (e) in subsection (6), “or authority”, in both places. In section 116— (a) in subsection (2)(a), “(other than proceedings to which paragraph (b) applies)” (as substituted by section 111 (a) of the 2012 Act); (b) subsection (2)(b) and the preceding “and”; (c) subsection (3)(b) and the preceding “and”; (d) subsections (4) and (5). Section 116A. Section 121DA(6). Sections 122C to 122E. Section 128A (and the preceding cross-heading). Sections 138 to 140G. Section 176(1)(a) and (b). Section 182A(3)(c). Section 182B(2). In section 189— (a) subsections (7) and (7A); (b) in subsection (8), “140B, 140C”. In section 191, the definitions of— (a) “billing authority”; (b) “council tax benefit scheme”. In Schedule 4, the paragraphs headed “Local authorities etc”.
Local Government Finance Act 1992 (c. 14)	In Schedule 9, paragraphs 1 to 13, 15 to 17, 19 to 24 and 25(a) and (c).
Jobseekers Act 1995 (c. 18)	Section 28.
Social Security Administration (Fraud) Act 1997 (c. 47)	Section 3. Section 4(1). Section 5. Sections 8 to 10. In Schedule 1, paragraphs 3 and 7.
Social Security Act 1998 (c. 14)	Section 34. Section 79(8).
Audit Commission Act 1998 (c. 18)	Sections 38 and 39. Section 50. In Schedule 1, paragraph 8(2)(b).
Scotland Act 1998 (c. 46)	In Part 2 of Schedule 5, in Section F1, under the heading “Illustrations”, “administration and funding of housing benefit and council tax benefit;”.
Local Government Act 1999 (c. 27)	Section 13A(4A). Section 29(2A).
Welfare Reform and Pensions Act 1999 (c. 30)	Sections 57 and 58.
Immigration and Asylum Act 1999 (c. 33)	Section 115(1)(e), (j) and (k).
Child Support, Pensions and Social Security Act 2000 (c. 19)	Section 68. In Schedule 6, paragraph 3. Schedule 7.
Social Security Fraud Act 2001 (c. 11)	Section 1(5). Section 2(2). Section 6. In section 6B— (a) in subsection (2)(b)(i), “or an authority which administers housing benefit or council tax benefit”; (b) subsections (6), (7), (9) and (10). In section 7— (a) subsections (3), (4), (4B) and (5); (b) in subsection (10), “8 or”. In section 9— (a) subsection (1)(a), (b), (bc), (c) and (d); (b) subsections (3), (4), (4B) and (5). Section 14.
Public Audit (Wales) Act 2004 (c. 23)	In Schedule 2, paragraph 15.
Pensions Act 2004 (c. 35)	In Schedule 10, paragraph 3.
Welfare Reform Act 2007 (c. 5)	Sections 30 to 34. Sections 37 to 39. Section 41(2)(a) to (d) and (3). Sections 46 and 47. Section 48(1) to (3). In Schedule 5, paragraphs 1, 3 to 9, 12 and 13.
Local Government and Public Involvement in Health Act 2007 (c. 50)	Section 147(2). Section 148(1)(b). Section 150.
Welfare Reform Act 2009 (c. 24)	Sections 35 and 36.
Welfare Reform Act 2012 (c. 5)	Section 130(7)(b) and (c).

Article 10(1)

SCHEDULE 5 Modifications

PART 1 Modification of the Council Tax Benefit Regulations 2006

1.  The Council Tax Benefit Regulations 2006(1) are modified as follows.

2.  In regulation 69 (time and manner in which claims are to be made)(2)—

(a) in paragraph (1), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”;

(b) omit paragraph (3);

(c) in paragraph (4)—

(i) omit sub-paragraphs (a), (c) and (f); and

(ii) in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;

(d) omit paragraphs (4AA) to (4AE);

(e) omit paragraph (4BA);

(f) in paragraph (4C)—

(i) for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”; and

(ii) omit “or the Secretary of State”;

(g) in paragraphs (4E) and (4F) omit “or the Secretary of State”;

(h) in paragraph (5)—

(i) in sub-paragraph (b) omit “or appropriate DWP office”;

(ii) in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “or county offices”;

(iii) in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;

(iv) in sub-paragraph (d)(ii), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”; and

(v) in sub-paragraph (e), for “authorised office, county offices or appropriate DWP office” substitute “or county offices”;

(i) in paragraph (6) omit “or appropriate DWP office”;

(j) omit paragraph (7A);

(k) in paragraph (8), for “, (b) or (c)” substitute “or (b)”;

(l) in paragraph (8A)—

(i) at the end of sub-paragraph (b) omit “or”; and

(ii) omit sub-paragraph (c); and

(m) omit paragraph (15).

3.  In regulation 72 (evidence and information)(3)—

(a) in paragraph (1)—

(i) for “paragraphs (1A) and (2)” substitute “paragraph (2)”; and

(ii) omit “, or the Secretary of State requesting him,”; and

(b) omit paragraph (1A).

4.  In regulation 73 (amendment and withdrawal of claim)(4)—

(a) in paragraph (2), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”;

(b) omit paragraph (5); and

(c) in paragraph (6) omit “or (5)”.

5.  In regulation 74 (duty to notify changes of circumstances)(5)—

(a) in paragraph (1), for “paragraphs (3), (5) and (7)” substitute “paragraphs (3) and (5)”; and

(b) omit paragraph (7).

PART 2 Modification of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

1.  The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(6) are modified as follows.

2.  In regulation 53 (time and manner in which claims are to be made)(7)—

(a) in paragraph (1), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”;

(b) omit paragraph (3);

(c) in paragraph (4)—

(i) omit sub-paragraphs (a), (c) and (f); and

(ii) in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;

(d) omit paragraphs (4B) to (4BD);

(e) omit paragraph (4CA);

(f) in paragraph (4D)—

(i) for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”; and

(ii) omit “or the Secretary of State”;

(g) omit paragraph (4EA);

(h) in paragraphs (4F) and (4G) omit “or the Secretary of State”;

(i) in paragraph (5)—

(i) in sub-paragraph (b) omit “or appropriate social security office”;

(ii) in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “or county offices”;

(iii) in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;

(iv) in sub-paragraph (d)(ii), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”; and

(v) in sub-paragraph (e), for “or authorised office, county offices or appropriate DWP office” substitute “or county offices”;

(j) in paragraph (6) omit “or appropriate DWP office”;

(k) omit paragraph (7A);

(l) in paragraph (8), for “, (b) or (c)” substitute “or (b)”;

(m) in paragraph (8A)—

(i) at the end of sub-paragraph (b) omit “or”; and

(ii) omit sub-paragraph (c); and

(n) omit paragraph (14).

3.  In regulation 57 (evidence and information)(8)—

(a) in paragraph (1)—

(i) for “paragraphs (1A) and (2)” substitute “paragraph (2)”; and

(ii) omit “, or the Secretary of State requesting him,”; and

(b) omit paragraph (1A).

4.  In regulation 58 (amendment and withdrawal of claim)(9)—

(a) in paragraph (2), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”;

(b) omit paragraph (5); and

(c) in paragraph (6) omit “or (5)”.

5.  In regulation 59 (duty to notify changes of circumstances)(10)—

(a) in paragraph (1), for “paragraphs (3), (5) to (8) and (10)” substitute “paragraphs (3) and (5) to (8)”; and

(b) omit paragraph (10).

(1)

S.I. 2006/215.

(2)

Relevant amending instruments for regulation 69 are S.I.s 2006/2967, 2008/1082, 2008/2299 and 2008/2987.

(3)

The relevant amending instrument for regulation 72 is S.I. 2008/2987.

(4)

Regulation 73 was substituted by S.I.s 2006/2967, 2007/719 and 2008/2299.

(5)

Regulation 74(7) was added by S.I. 2008/2987.

(6)

S.I. 2006/216.

(7)

Relevant amending instruments for regulation 53 are S.I.s 2006/2967, 2008/1082, 2008/2299 and 2008/2987.

(8)

The relevant amending instrument for regulation 57 is S.I. 2008/2987.

(9)

Relevant amending instruments for regulation 58 are S.I.s 2006/2967, 2007/719 and 2008/2299.

(10)

Regulation 74(10) was added by S.I. 2008/2987.