The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014

Amendment of the No. 11 Order: the gateway conditions

4.  Where this article applies, article 2 (interpretation) of the No. 11 Order is amended as follows—

(a) in paragraph (1)(1)—

(i) for the definition of “gateway conditions” substitute —

““gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order(2) save that where, for the purposes of article 3(2) or 4(2)(a) or (b)(3), the claimant resides in one of the specified districts on the date on which the claim is made, it means those conditions as if the No. 9 Order were amended as referred to in paragraph (3);”; and

(ii) after the definition of “single claimant” insert—

““specified districts” means the following postcode districts and part-districts—

WA1 and WA2;

WA3 4 to WA3 7;

WA4 and WA5;

WA13 0;

WA13 9;”; and

(b) after paragraph (2) insert—

“(3) The amendments of the No. 9 Order referred to are—

(a) in article 2(1)—

(i) after the definition of “the Decisions and Appeals Regulations 2013” insert—

““disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992(4);”; and

(ii) after the definition of “old style JSA award” insert—

““personal independence payment” means an allowance under Part 4 of the Act;”; and

(b) in paragraph 6 of Schedule 5 (caring responsibilities)—

(i) for sub-paragraph (1) substitute—

“(1) There must not be a child or young person living with the claimant some or all of the time if the child or young person—

(a) has been certified as severely sight impaired or blind by a consultant ophthalmologist;

(b) is looked after by a local authority, within the meaning of section 22 of the Children Act 1989(5) or section 17(6) of the Children (Scotland) Act 1995(6), save where the child or young person is so looked after during any period referred to in regulation 4A(1)(a) of the Universal Credit Regulations(7); or

(c) is entitled to a disability living allowance or personal independence payment.”;

(ii) for sub-paragraph (2)(a) substitute—

“(a) be an adopter (within the meaning of the Universal Credit Regulations(8)) with whom a child has been placed within the period of 12 months ending immediately before the date on which the claim for universal credit is made or with whom a child is expected to be placed during the period of two months beginning with that date; or”;

(iii) omit sub-paragraph (2)(c) and (d); and

(iv) in sub-paragraph (3), at the end insert—

“;

(c) “young person” means a person—

(i) who is not a child but who is under the age of 20; and

(ii) for whom the claimant would be responsible for the purposes of regulation 4 of the Universal Credit Regulations, if the person were a qualifying young person within the meaning of regulation 5 of those Regulations.”.”.

(1)

Article 2(1) was amended by S.I. 2014/1452 (C.56), 1661 (C.69) and 1923 (C.88).

(2)

Schedule 5 was inserted by S.I. 2014/1452 (C.56) and amended by S.I. 2014/1923 (C.88).

(3)

Article 3 was amended by S.I. 2014/1452 (C.56), 2014/1661 (C.69) and 2014/1923 (C.88); article 4 was substituted by S.I. 2014/1452 (C.56) and amended by S.I. 2014/1661 (C.69) and 2014/1923 (C.88).

(4)

1992 c 4. Section 71 was amended by the Welfare Reform and Pensions Act 1999 (c.30), section 67(1).

(5)

1989 c. 41. Section 22 was amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c.22), section 2 of the Children (Leaving Care) Act 2000 (c.35), section 116(2) of the Adoption and Children Act 2002 (c.38), section 52 of the Children Act 2004 (c.31), section 39 of, and paragraphs 1 and 6 of Schedule 3 to, the Children and Young Persons Act 2008 (c.23) and section 99 of the Children and Families Act 2014 (c.6).

(6)

1995 c. 36. Section 17(6) was amended by paragraph 9(4) of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4) and by paragraph 2(4) of Schedule 5 to the Children’s Hearings (Scotland) Act 2011 (asp 1) and by S.S.I. 2013/211.

(7)

Regulation 4A was inserted by S.I. 2013/1508.

(8)

See regulation 2, as amended by S.I. 2013/803, and regulation 89.