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

Transitional provision: conversion of incapacity benefits

9.—(1) Subject to paragraph (2), where the amending provisions come into force under article 4(1) in relation to the case of a claim referred to in article 4(2)(a) to (d) and any award made in respect of the claim, or the case of an award referred to in article 4(2)(e) or (f)(1), the 2010 Transitional Regulations are to apply in relation to that case as if the modifications set out in Schedule 4 were made.

(2) Where article 6(2) applies in relation to a new style ESA award (such that the award continues as an old style ESA award), the 2010 Transitional Regulations are to apply in relation to the award, in its continuation as an old style ESA award, as if those modifications had not been made.

(1)

See article 4(4); the reference in article 4(1) to an award of universal credit includes a reference to a claim or notice referred to in article 4(4) and any award made in respect of the claim or in respect of the award of incapacity benefit or severe disablement allowance to which the notice relates.