Citation1

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014.

InterpretationC4C9C162

C51

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);

  • F10“claimant”—

    1. a

      in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007, save as mentioned in article 5(1A);

    2. b

      in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995 (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), save as mentioned in article 5(1A);

    3. c

      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 M1;

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

  • F12...

  • “jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995 M2;

  • “No. 6 relevant districts” means the postcode part-districts specified in Part 1 of the Schedule;

  • “No. 7 relevant districts” means the postcode part-districts specified in Part 2 of 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 M3.

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

2

F1For the purposes of this Order, a reference to a person who falls within the Pathfinder Group is a reference to a person who meets the requirements of regulations 5 to 12 of the Universal Credit (Transitional Provisions) Regulations 2013 M4.

F1For 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.

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Day appointed for the coming into force of the universal credit provisions in Part 1 of the ActC1C103

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).

2

F2The claims referred to are—

C7C12C14a

a claim for universal credit that is made or treated as made on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 6 relevant districts;

b

a claim for universal credit that is made or treated as made on or after 24th February 2014 by a person in respect of a period that begins on or after 24th February 2014, where—

i

the person does not reside in one of the No. 6 relevant districts on the day on which the claim is made or treated as made;

ii

in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

iii

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information;

c

a claim for universal credit that is made or treated as made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 7 relevant districts; and

d

a claim for universal credit that is made or treated as made on or after 7th April 2014 by a person in respect of a period that begins on or after 7th April 2014, where—

i

the person does not reside in one of the No. 7 relevant districts on the day on which the claim is made or treated as made;

ii

in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

iii

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

F2The claims referred to are—

a

a claim for universal credit where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 6 or No. 7 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 6 or a No. 7 relevant district F13... and does not reside in such a district F13... 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 F13... 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 F6....

4

F2Article 3(5) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of sub-paragraphs (a) and (b) of article 3(3) of the No. 9 Order.

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.

F86

Article 3A of the No. 9 Order applies in connection with a claim for universal credit where a single claimant, or, as the case may be, either or both of joint claimants, gives incorrect information regarding his or her (or their) residing in a No. 6 F13...relevant district or a No. 7, as it applies in connection with the giving of incorrect information regarding a claimant residing in a relevant district (as defined in the No. 9 Order) F13....

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowanceC2C11C174

1

F3The 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—

C8C13C15a

a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 6 relevant districts and falls within the Pathfinder Group;

b

a claim for universal credit that is made or treated as made by a person on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 where—

i

the person does not reside in one of the No. 6 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

ii

in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

iii

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information;

c

a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 7 relevant districts and falls within the Pathfinder Group; and

d

a claim for universal credit that is made or treated as made by a person on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 where—

i

the person does not reside in one of the No. 7 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

ii

in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

iii

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

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.

4

Paragraphs (4) and (5) of article 4 of the No. 9 Order apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in paragraph (2) as they apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order.

5

Paragraphs (1) and (2) 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-paragraph (a) of article 4(2) of the No. 9 Order.

6

Article 5(3) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order.

C67

Article 5(4) 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.

1

F3The 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 F9or treated as made, the claimant—

i

resides in one of the No. 6 or No. 7 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. 6 or a No. 7 relevant district F14... and does not reside in such a district F14... 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 F14...; and

F9c

a claim for an employment and support allowance or a jobseeker’s allowance other than one referred to in sub-paragraph (a) that is made or treated as made during the relevant period by a single claimant of universal credit or by either of two joint claimants of universal credit who has or have 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 F11(6) to (9) 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).

F147

Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the No. 9 Order (but as if the references in paragraph (1A) to Schedule 5 to the No. 9 Order were omitted).

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 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.

Application of the No. 9 OrderC35

F4Articles 6 andF4ArticlesF59 to 22 of the No. 9 Order M5 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 sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

Day appointed for the coming into force of section 139 of the Act6

The day appointed for the coming into force of section 139 of the Act (recovery of child support maintenance by deduction from benefit) is the day following the day on which this Order is made.

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

Freud Parliamentary Under Secretary of State Department for Work and Pensions