2015 No. 634 (C. 32)
Social Security
The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015
Made 10th March 2015

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012 :
2012 c.5.

1 Citation
This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015.

2 Interpretation
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) ;
“claimant”—
(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) of the No. 9 Order as applied by article 4(7) of this Order ;
2007 c.5.
Article 5(1A) was inserted by S.I. 2014/3067 (C. 129).
(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) of the No. 9 Order as applied by article 4(7) of this Order;
1995 c.18.
(c) in relation to universal credit, has the same meaning as in Part 1 of the Act ;
See section 40.
“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987 ;
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007;
“jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995;
“joint claimants”, in relation to universal credit, has the same meaning as in Part 1 of the Act ;
“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 ;
“the No. 11 Order” means 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 ;
“the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 ;
“the No. 14 Order” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 ;
“the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 ;
“the No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 ;
“the No. 19 Order” means the Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 ;
“the No. 21 Order” means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ;
“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 ;
“the No. 50 relevant districts” means the postcode part-districts SM6 7 and SM6 8;
“the No. 51 relevant districts” means the postcode part-districts CR0 4 and SM6 9;
“the No. 52 relevant districts” means the postcode part-districts CR0 2 and SE1 5;
“single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act .
Article 4 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C.88).
S.I. 1987/1968.
See section 40.
S.I. 2013/983 (C.41).
S.I. 2013/1511 (C. 60).
S.I. 2013/2657 (C. 107).
S.I. 2013/2846 (C. 114).
S.I. 2014/209 (C. 7).
S.I. 2014/1583 (C. 61).
S.I. 2014/2321 (C. 99).
S.I. 2015/33 (C. 4).
S.I. 2015/101 (C. 6).
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.
S.I. 2013/380.
3 For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (4) and (5), for the purposes of deciding—
(a) whether a claim for an employment and support allowance or a jobseeker's allowance is made; and
(b) the date on which the claim is made or treated as made.
4 Subject to paragraph (5), for the purposes of this Order—
(a) a person makes a claim for an employment and support allowance or a jobseeker's allowance if he or she takes any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and
(b) it is irrelevant that the effect of any provision of those Regulations is that, for the purposes of those Regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken.
5 Where, by virtue of—
(a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987 , in the case of a claim for an employment and support allowance; or
Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490.
(b) regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations , in the case of a claim for a jobseeker's allowance,
Paragraphs (4ZA) to (4ZD) were inserted by S.I. 2000/1982 and paragraph (4ZC) was amended by S.I. 2009/1490. Paragraph (4A) was inserted by S.I. 1996/1460, substituted by S.I. 1997/793 and amended by S.I. 1999/3108, S.I. 2000/1982 and S.I. 2009/1490.
a claim for an employment and support allowance or a jobseeker's allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (4)(a) is taken, the claim is treated as made on that earlier date.

3 Day appointed for the coming into force of the universal credit provisions
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 The claims referred to are—
(a) a claim for universal credit that is made on or after 18th March 2015 in respect of a period that begins on or after 18th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 50 relevant districts;
(b) a claim for universal credit that is made on or after 10th June 2015 in respect of a period that begins on or after 10th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 51 relevant districts;
(c) a claim for universal credit that is made on or after 4th November 2015 in respect of a period that begins on or after 4th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 52 relevant districts;
(d) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (c), in respect of a period that begins on or after that date where—
(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question and the claimant does not reside in such a district on the date on which the claim is made;
(ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district and one or both of them does not or do not reside in such a district on the date on which the claim is made,
and after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence.
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 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.
5 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 or give incorrect information regarding his or her (or their) residing in one of the No. 50, No. 51 or No. 52 relevant districts, as it applies in connection with the giving of incorrect information regarding a claimant residing in one of the relevant districts (as defined in the No. 9 Order).
Article 3A was substituted by S.I. 2014/1923 (C. 88) and is amended by article 8 of this Order.

4 Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance
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 that is made on or after 18th March 2015 in respect of a period that begins on or after 18th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 50 relevant districts;
(b) a claim for universal credit that is made on or after 10th June 2015 in respect of a period that begins on or after 10th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 51 relevant districts;
(c) a claim for universal credit that is made on or after 4th November 2015 in respect of a period that begins on or after 4th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 52 relevant districts;
(d) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (c), in respect of a period that begins on or after that date where—
(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question and the claimant does not reside in such a district on the date on which the claim is made;
(ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district and one or both of them does not or do not reside in such a district on the date on which the claim is made,
and after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence;
(e) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 18th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 50 relevant districts;
(f) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 10th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 51 relevant districts;
(g) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 4th November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 52 relevant districts;
(h) a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraphs (e) to (g) 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 any of sub-paragraphs (a) to (d).
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)(h), “relevant period” means, in relation to a claim for universal credit within any of sub-paragraphs (a) to (d) of paragraph (2), 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 within any of sub-paragraphs (a) to (c) of paragraph (2), or within sub-paragraph (d)(i) or (ii) of that paragraph, 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
1998 c. 14.
(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 .
See section 3 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) as to the meaning of “First-tier Tribunal” and “Upper Tribunal”.
6 Paragraphs (6), (7), (9) and (10) of article 4 of the No. 9 Order apply in relation to 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 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).
Paragraphs (9) and (10) of article 4 were inserted by S.I. 2015/32 (C. 3) as amended by S.I. 2015/101 (C. 6).
7 Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (e) to (g) of paragraph (2) 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).
Article 5 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C. 88); paragraphs (1) to (1B) of article 5 were inserted by S.I. 2014/3067 (C.129).
8 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.
Art. 4 modified (22.7.2020) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(3), 5(1) (with reg. 5(2)) (as amended: (4.8.2020) by (S.I. 2020/826), regs. 1, 2(2))

5 Transitory provision – application of the “specified condition” for a period
1 Paragraphs (2) to (4) apply in relation to a case where a claim for universal credit, an employment and support allowance or a jobseeker's allowance is made on or after 18th March 2015 and before 10th June 2015.
2 Where this paragraph applies, article 2(1) of this Order applies as if, after the definition of “single claimant” there were inserted—

“;
“specified condition” means the condition that a claimant is a British citizen who—
(a) has resided in the United Kingdom throughout the period of two years ending with the date on which the claim for universal credit is made; and
(b) has not, during that period, left the United Kingdom for a continuous period of four weeks or more.”

.
3 Where this paragraph applies, article 3 of this Order applies as if it were amended as follows—
(a) in sub-paragraph (a) of paragraph (2), after “relevant districts” insert “ and meets the specified condition ”;
(b) in sub-paragraph (d)(i) of paragraph (2)—
(i) after “in question” insert “ or meeting the specified condition ”; and
(ii) after “in such a district” insert “ or does not meet that condition ”;
(c) in sub-paragraph (d)(ii) of paragraph (2)—
(i) after “residing in such a district” insert “ or meeting the specified condition ”; and
(ii) after “reside in such a district” insert “ or does not or do not meet that condition ”;
(d) in the closing words of sub-paragraph (d) of paragraph (2), after “regarding residence” insert “ or meeting the specified condition as the case may be ”;
(e) in paragraph (5)—
(i) after “No. 52 relevant districts” insert “ or meeting the specified condition ”; and
(ii) after “the No. 9 Order)” insert “ or meeting the gateway conditions (as defined in the No. 9 Order) ”.
4 Where this paragraph applies, article 4 of this Order applies as if it were amended as follows—
(a) in sub-paragraphs (a) and (e) of paragraph (2), after “relevant districts” insert “ and meets the specified condition ”;
(b) in sub-paragraph (d)(i) of paragraph (2)—
(i) after “in question” insert “ or meeting the specified condition ”; and
(ii) after “in such a district” insert “ or does not meet that condition ”;
(c) in sub-paragraph (d)(ii) of paragraph (2)—
(i) after “residing in a such a district” insert “ or meeting the specified condition ”; and
(ii) after “reside in such a district” insert “ or does not or do not meet that condition ”;
(d) in the closing words of sub-paragraph (d) of paragraph (2), after “regarding residence” insert “ or meeting the specified condition ”.

6 Application of the No. 9 Order
Articles 9 to 22 of the No. 9 Order 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-paragraph (a), (b) or (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.
Articles 10 to 13 of, and Schedule 4 to, the No. 9 Order (Schedule 4 takes effect under article 9) were amended by S.I. 2013/1511 (C.60); article 11 of the No. 9 Order was amended by S.I. 2013/2657 (C.107); articles 9, 11, 13, 15, 18 and 22 of the No. 9 Order were amended by S.I. 2014/1452 (C.56); articles 10, 11, 12 and 13 were amended by S.I. 2014/3067 (C.129).

7 Transitional provision: claims for housing benefit, income support or a tax credit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 7 revoked (25.7.2022) by The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), reg. 1(1), Sch. para. 6

8 Amendment of 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
1 Paragraphs (2) and (3) apply in relation to a case where a claim for universal credit is made on or after 18th March 2015.
2 Where this paragraph applies, in article 3A(3) of the No. 9 Order, at the end insert “ (and a determination had not been made under regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014, preventing a claim for universal credit being made with respect to the area in question or the category of case in question) ”.
3 Where this paragraph applies, any reference in the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order, the No. 19 Order, the No. 21 Order or the No. 22 Order to article 3A of the No. 9 Order is a reference to that article as amended by paragraph (2).
4 Paragraph (5) applies in relation to a case where a claim for an employment and support allowance or a jobseeker's allowance is made on or after 18th March 2015.
5 Where this paragraph applies, for paragraph (3) of article 5A of the No. 9 Order substitute—

“3 For the purposes of this article, paragraphs (5) to (7) of article 5 apply for the purpose of determining—
(a) whether a claim for ESA or JSA is made; and
(b) the date on which the claim is made or treated as made.
Paragraphs (5) to (7) were substituted by S.I. 2015/32 (C. 3).”

.
Article 5A was inserted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/2321 (C. 99).

9 Amendment of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015
1 Paragraphs (2) to (4) apply in relation to a case where a claim for universal credit, an employment and support allowance or a jobseeker's allowance is made on or after 10th June 2015.
2 Where this paragraph applies, in article 2(1) of the No. 21 Order, omit the definition of “specified condition”.
3 Where this paragraph applies, article 3 of the No. 21 Order is amended as follows—
(a) in paragraph (2)(a), omit “and meets the specified condition”;
(b) in sub-paragraph (b) of paragraph (2)—
(i) in paragraph (i), omit “or meeting the specified condition” and “or does not meet the specified condition”;
(ii) in paragraph (ii), omit “or meeting the specified condition” and “or does not or do not meet the specified condition”; and
(iii) in the closing words, omit “or meeting the specified condition as the case may be”; and
(c) in paragraph (5), omit “or meeting the specified condition” and “or meeting the gateway conditions (as defined in the No. 9 Order)”.
4 Where this paragraph applies, article 4 of the No. 21 Order is amended as follows—
(a) in sub-paragraphs (a) and (c) of paragraph (2), omit “and meets the specified condition”; and
(b) in sub-paragraph (b) of paragraph (2)—
(i) in paragraph (i), omit “or meeting the specified condition” and “or does not meet the specified condition”;
(ii) in paragraph (ii), omit “or meeting the specified condition” and “or does not or do not meet the specified condition”; and
(iii) in the closing words, omit “or meeting the specified condition as the case may be”.
5 With effect from 18th March 2015, article 6 of the No. 21 Order is amended as follows—
(a) in paragraph (1), for “(2) to (5)” substitute “ (2) to (5) and (11) ”;
(b) in paragraph (9)(b), for regulations 6(1A)(b) substitute “regulation 6(1A)(b) or 6A”; and
Words in art. 9(5)(b) substituted (17.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) (Amendment) Order 2015 (S.I. 2015/740), art. 2(b)
(c) after paragraph (10) insert—

“11 Paragraph (1) does not apply to a claim for housing benefit, income support or a tax credit where, by virtue of a determination made under regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014, the person in question would be prevented from making a claim for universal credit as referred to in that paragraph.”

.

10 Modification of the Universal Credit (Digital Service) Amendment Regulations 2014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 10 revoked (2.12.2015) by The Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/1930), art. 8

11 Modification of the Universal Credit (Surpluses and Self-employed Losses) (Digital Service) Amendment Regulations 2015
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 11 revoked (2.12.2015) by The Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/1930), art. 8
Signed by authority of the Secretary of State for Work and Pensions
Freud Parliamentary Under Secretary of State Department for Work and Pensions

(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, in relation to the cases set out in articles 3 and 4.
Article 3 brings into force provisions relating to UC in Part 1 of the Act (“the UC provisions”), as set out in Schedule 2 to 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”), in relation to a number of different cases as set out below.
Under article 3(1) and (2)(a), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 18th March 2015 with respect to a period that begins on or after 18th March 2015 and, on the date on which the claim is made, the claimant resides in one of the “No. 50 relevant districts”. Sub-paragraphs (b) and (c) of article 3(2) make the same provision for claims made on or after 10th June 2015 where the claimant resides in one of the “No. 51 relevant districts”, and for claims made on or after 4th November 2015 where the claimant resides in one of the “No. 52 relevant districts”, respectively. See article 2(1) for the definition of those areas.
Under article 3(1) and (2)(d), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after the dates referred to in article 3(2)(a) to (c) in respect of a period that begins on or after those dates and provides incorrect information regarding the claimant residing in the area in question, but this is only discovered once payments of UC have been made.
Under article 3(3), the day appointed for the coming into force of the UC provisions in the above cases is the first day of the period in respect of which the claim is made.
Paragraphs (4) and (5) of article 3 apply the provisions of article 3(6) (period for which a claim for UC is made) and article 3A (incorrect information regarding entitlement to claim UC) of the No. 9 Order respectively to the cases in article 3(2) of this Order (see below as to the amendment of article 3A by article 8 of this Order).
Article 4 brings into force provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker's allowance (“the amending provisions”), in relation to a number of different cases as referred to below.
Below, “old style ESA” means employment and support allowance under Part 1 of the Welfare Reform Act 2007 (c. 5) as that Part has effect apart from the amending provisions, and “old style JSA” means jobseeker's allowance under the Jobseekers Act 1995 (c. 18) as that Act has effect apart from the amending provisions.
Under article 4(1) and (2)(a), 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 the claim is made on or after 18th March 2015 with respect to a period that begins on or after 18th March 2015 and, on the date on which the claim is made, the claimant resides in one of the “No. 50 relevant districts”. Sub-paragraphs (b) and (c) of article 4(2) make the same provision for claims made on or after 10th June 2015 where the claimant resides in one of the “No. 51 relevant districts”, and for claims made on or after 4th November 2015 where the claimant resides in one of the “No. 52 relevant districts”, respectively.
Under article 4(1) and (2)(d), 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 the claimant claims UC on or after the dates referred to in article 4(2)(a) to (c) in respect of a period that begins on or after those dates and provides incorrect information regarding the claimant residing in the area in question, but this is only discovered once payments of UC have been made.
Under article 4(1) and sub-paragraphs (e) to (g) of paragraph (2), the amending provisions come into force in relation to a claim for an employment and support allowance (“ESA”) or a jobseeker's allowance (“JSA”), and any award that is made in respect of the claim, where the claim is made on or after the dates referred to in any of those sub-paragraphs and, on the date on which the claim is made, the claimant resides in the area specified in that sub-paragraph.
Under article 4(1) and (2)(h), the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim is not a claim for ESA or JSA as referred to in article 4(2)(e) to (g) and where the claim is made during the “relevant period” (mainly the period when a claim for UC is being considered or an award of UC is extant).
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.
Paragraphs (6) to (8) of article 4 apply the provisions of article 4(6), (7), (9) and (10) (matters included in the reference to the case of a claim for UC) and article 5(1A), (1B) (claim for ESA or JSA by a member of a couple) and (8) (the period for which a claim for ESA, JSA or UC is made) of the No. 9 Order to the cases in article 4(2).
Article 5 contains a transitory provision to the effect that, where a claim is made for UC, ESA or JSA on or after 18th March 2015 and before 10th June 2015, and where, under articles 3 and 4, a claimant must reside in a specified area in order for the UC provisions and the amending provisions to come into force in relation to the claim, then the claimant must also meet the “specified condition” in order for those provisions to come into force.
Article 6 provides that articles 9 to 22 of the No. 9 Order 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), (b) or (g) of the No. 9 Order, and any award made in respect of the claim.
Article 7 contains transitional provisions that provide that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for UC on that date, the UC provisions would come into force in relation to the claim by virtue of article 3(1) and (2)(a) of this Order.
Article 8(2) amends the No. 9 Order, in relation to a claim for UC that is made on or after 18th March 2015, in order to insert in article 3A(3) of that Order (exception to provision allowing backdating of claims for old style ESA, old style JSA, income support, housing benefit or a tax credit) a reference to a determination made under regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014 (S.I 2014/1230) (claims for UC may not be made in an area, or category of case) so that backdating can occur where the claimant is not able to claim UC in an area referred to in article 3A(3) owing to such a determination.
Article 8(5) makes a technical amendment to article 5A of the No. 9 Order (determination under regulation 4 and claims for ESA or JSA), in relation to a claim for ESA or JSA that is made on or after 18th March 2015, to align it with articles 4 and 5 of the No. 9 Order following amendments made by S.I. 2015/32 (C. 3) with respect to the date on which claims for ESA and JSA are made.
Paragraphs (2) to (4) of article 9 amend articles 2, 3 and 4 of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/33) (“No. 21 Order”) in order to remove references to the “specified condition” in relation to a claim for UC, ESA or JSA that is made on or after 10th June 2015 (so mirroring the provisions made by articles 3, 4 and 5 of this Order).
Article 9(5) amends article 6 of the No. 21 Order (bar on claiming housing benefit, income support or a tax credit, where a person is able to claim UC under the Order), with effect from 18th March 2015, in order to insert an additional exception regarding the making of a determination under regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014, mirroring the exception in article 7(2) of this Order, and to make a technical change to align article 6(9) of the No. 21 Order with article 7(10) of this Order.
Article 10 modifies the Universal Credit (Digital Service) Amendment Regulations 2014 (2014/2887) to the effect that the saving in that regulation does not apply (and so the amendments made by those Regulations do apply) where an award of UC is made by reference to residence in the postcode part-districts referred to in articles 3 and 4 of this Order, as well as where such an award is made by reference to residence in postcode part-district SM5 2 (in relation to which the UC provisions come into force under S.I. 2015/33 (C. 4)). Article 11 makes similar provision in relation to the Universal Credit (Surpluses and Self-employed Losses) (Digital Service) Amendment Regulations 2015 (S.I. 2015/345).
(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.
Provision	Date of commencement	S.I. Number
Section 1 (partially)	29th April 2013	2013/983
Section 1 (partially)	1st July 2013	2013/1511
Section 1 (partially)	29th July 2013	2013/1511
Section 1 (partially)	28th October 2013	2013/2657
Section 1 (partially)	25th November 2013	2013/2846
Section 1 (partially)	24th February 2014	22014/209
Section 1 (partially)	7th April 2014	2014/209
Section 1 (partially)	23rd June 2014	2014/1583
Section 1 (partially)	30th June 2014	2014/1583
Section 1 (partially)	30th June 2014	2014/1661
Section 1 (partially)	7th July 2014	2014/1583
Section 1 (partially)	14th July 2014	2014/1583
Section 1 (partially)	21st July 2014	2014/1583
Section 1 (partially)	28th July 2014	2014/1583
Section 1 (partially)	28th July 2014	2014/1923
Section 1 (partially)	15th September 2014	2014/2321
Section 1 (partially)	22nd September 2014	2014/2321
Section 1 (partially)	29th September 2014	2014/2321
Section 1 (partially)	6th October 2014	2014/2321
Section 1 (partially)	13th October 2014	2014/2321
Section 1 (partially)	20th October 2014	2014/2321
Section 1 (partially)	27th October 2014	2014/2321
Section 1 (partially)	3rd November 2014	2014/2321
Section 1 (partially)	10th November 2014	2014/2321
Section 1 (partially)	17th November 2014	2014/2321
Section 1 (partially)	24th November 2014	2014/2321
Section 1 (partially)	24th November 2014	2014/3067
Section 1 (partially)	26th November 2014	2014/3094
Section 1 (partially)	1st December 2014	2014/2321
Section 1 (partially)	8th December 2014	2014/2321
Section 1 (partially)	15th December 2014	2014/2321
Section 1 (partially)	26th January 2015	2015/32
Section 1 (partially)	28th January 2015	2015/33
Section 1 (partially)	2nd March 2015	2015/32
Section 1 (partially)	6th April 2015	2015/32
Section 1 (partially)	16th February 2015	2015101
Section 1 (partially)	23rd February 2015	2015101
Section 1 (partially)	2nd March 2015	2015101
Section 1 (partially)	9th March 2015	2015101
Section 1 (partially)	16th March 2015	2015101
Section 1 (partially)	23rd March 2015	2015101
Section 1 (partially)	13th April 2015	2015101
Section 1 (partially)	20th April 2015	2015101
Section 1 (partially)	27th April 2015	2015101
Section 1 (partially)	4th May 2015	2015101
Section 1 (partially)	11th May 2015	2015101
Section 1 (partially)	18th May 2015	2015101
Section 1 (partially)	25th May 2015	2015101
Section 1 (partially)	1st June 2015	2015101
Section 1 (partially)	8th June 2015	2015101
Section 1 (partially)	15th June 2015	2015101
Section 1 (partially)	22nd June 2015	2015101
Section 1 (partially)	29th June 2015	2015101
Section 1 (partially)	6th July 2015	2015101
Section 1 (partially)	13th July 2015	2015101
Section 1 (partially)	20th July 2015	2015101
Section 2(1) (partially)	As section 1	As section 1
Section 2(2)	25th February 2013	2013/358
Section 3 (partially)	As section 1	As section 1
Section 4(1) and (4) (partially)	As section 1	As section 1
Section 4(2), (3) and (5) to (7)	25th February 2013	2013/358
Section 5 (partially)	25th February 2013	2013/358
Section 5 (partially)	As section 1	As section 1
Section 6(1)(a) and (3) (partially)	25th February 2013	2013/358
Section 6 (partially)	As section 1	As section 1
Section 7(1) and (4) (partially)	As section 1	As section 1
Section 7(2) and (3)	25th February 2013	2013/358
Section 8 (partially)	As section 1	As section 1
Section 8(3) (partially)	25th February 2013	2013/358
Section 9(1) (partially)	As section 1	As section 1
Sections 9(2) and (3), 10(2) to (5) and 11(3) to (5)	25th February 2013	2013/358
Section 10(1) (partially)	As section 1	As section 1
Section 11(1) and (2) (partially)	As section 1	As section 1
Section 12(1) (partially)	25th February 2013	2013/358
Section 12(1) and (2) (partially)	As section 1	As section 1
Section 12(3) and (4)	25th February 2013	2013/358
Section 13 (partially)	As section 1	As section 1
Section 14 (partially)	As section 1	As section 1
Section 14(5) (partially)	25th February 2013	2013/358
Section 15(1) and (4) (partially)	As section 1	As section 1
Sections 15(2) and (3) and 17(3)(f)	25th February 2013	2013/358
Section 16 (partially)	As section 1	As section 1
Section 17(1), (2), (3)(a) to (e), (4) and (5) (partially)	As section 1	As section 1
Section 17(4) and (5) (partially)	25th February 2013	2013/358
Section 18 (partially)	As section 1	As section 1
Section 18(3) and (5) (partially)	25th February 2013	2013/358
Section 19(1), (2)(a) to (c), (5) and (6) (partially)	As section 1	As section 1
Section 19(2)(d), (3) and (4)	25th February 2013	2013/358
Section 20(1) (partially)	25th February 2013	2013/358
Section 20 (partially)	As section 1	As section 1
Section 21 (partially)	As section 1	As section 1
Section 22 (partially)	As section 1	As section 1
Section 22(2) (partially)	25th February 2013	2013/358
Section 23 (partially)	As section 1	As section 1
Sections 24(1), (5) and (6) and 25	25th February 2013	2013/358
Section 24(2), (3) and (4) (partially)	As section 1	As section 1
Section 26(1) to (5) (partially)	As section 1	As section 1
Section 26(2)(a) (partially)	25th February 2013	2013/358
Sections 26(6) to (8), 27(4), (5) and (9) and 28	25th February 2013	2013/358
Section 27(1) to (3) and (6) to (8) (partially)	As section 1	As section 1
Section 29	29th April 2013	2013/983
Sections 30 and 31 (partially)	25th February 2013	2013/358
Section 31 (partially)	1st April 2013	2013/358
Section 31 (partially)	29th April 2013	2013/358
Section 31 (partially)	29th April 2013	2013/983
Section 32	25th February 2013	2013/358
Section 33(1)(a) and (b), (2) and (3) (partially)	16th June 2014	2014/1452
Section 33(1)(a) and (b), (2) and (3) (partially)	As section 1	As section 1
Section 33(1)(e)	1st April 2013	2013/358
Sections 33(3) (partially)	1st April 2013	2013/358
Section 35 (partially)	25th February 2013	2013/358
Section 35 (partially)	29th April 2013	2013/983
Section 36 (partially)	25th February 2013	2013/358
Sections 37(3) to (7) and 39(3)(a)	25th February 2013	2013/358
Section 37 (for all remaining purposes)	29th April 2013	2013/983
Section 38	29th April 2013	2013/983
Section 39 (partially)	25th February 2013	2013/358
Section 39 (for all remaining purposes)	29th April 2013	2013/983
Sections 40, 42 and 43	25th February 2013	2013/358
Section 44(1) (partially)	As section 33(1)(a) and (b)	As section 33(1)(a) and (b)
Section 44(2) (partially)	As section 33(1)(a) and (b)	As section 33(1)(a) and (b)
Section 44(5)	10th June 2012	2012/1246
Section 45	8th October 2012	2012/2530
Section 46(1) and (3) (partially)	10th June 2012	2012/1246
Section 46(1) (partially)	22nd October 2012	2012/2530
Section 46(2)	10th June 2012	2012/1246
Section 46(3) (for all remaining purposes)	22nd October 2012	2012/2530
Section 46(4)	22nd October 2012	2012/2530
Section 47	20th March 2012	2012/863
Section 48 (partially)	22nd October 2012	2012/2530
Section 49(1) and (3) (partially)	25th February 2013	2013/358
Section 49(1), (2) and (3) to (5) (partially)	As section 33(1)(a) and (b)	As section 33(1)(a) and (b)
Section 49(6)	25th February 2013	2013/358
Section 51 (partially)	20th March 2012	2012/863
Section 51 (for all remaining purposes)	1st May 2012	2012/863
Sections 52 and 53	1st May 2012	2012/863
Section 54(1) (partially)	25th February 2013	2013/358
Section 54(1) and (2) (partially)	As section 33(1)(a) and (b)	As section 33(1)(a) and (b)
Section 54(6)	25th February 2013	2013/358
Section 55	3rd December 2012	2012/2530
Section 56	26th November 2012	2012/2530
Section 57(1) and (2) (partially)	25th February 2013	2013/358
Section 57(1), (2), (4), (5) and (9) (partially)	As section 33(1)(a) and (b)	As section 33(1)(a) and (b)
Section 57(6)	25th February 2013	2013/358
Section 58(1) and (2)	20th March 2012	2012/863
Section 64 (partially)	30th October 2012	2012/2530
Section 64 (for all remaining purposes)	5th December 2012	2012/2530
Section 65	5th December 2012	2012/2530
Section 66 (partially)	30th October 2012	2012/2530
Section 66 (partially)	31st October 2013	2013/2534
Sections 67 and 68	5th December 2012	2012/2530
Section 69 (partially)	27th November 2012	2012/2946
Section 69 (for all remaining purposes)	1st January 2013	2012/2946
Section 70(1) and (3) to (10)	1st April 2013	2012/3090
Section 70(2)	1st August 2013	2012/3090
Section 73	1st April 2013	2012/3090
Section 77(3) (partially)	25th February 2013	2013/358
Section 77(1) to (3) (partially)	8th April 2013	2013/358
Section 77(1) to (3) (for all remaining purposes)	10th June 2013	2013/1250
Section 78(1), (2), (5) and (6) (partially)	8th April 2013	2013/358
Section 78(1), (2), (5) and (6) (for all remaining purposes)	10th June 2013	2013/1250
Section 78(3) and (4)	25th February 2013	2013/358
Section 79(1), (2), (5) and (6) (partially)	8th April 2013	2013/358
Section 79(1), (2), (5) and (6) (for all remaining purposes)	10th June 2013	2013/1250
Section 79(3), (4) and (7)	25th February 2013	2013/358
Sections 80 and 81	25th February 2013	2013/358
Section 82 (partially)	8th April 2013	2013/358
Section 82 (for all remaining purposes)	10th June 2013	2013/1250
Section 83(3) (partially)	25th February 2013	2013/358
Section 83(1) to (3) and 84 (partially)	8th April 2013	2013/358
Section 83(1) to (3) and 84 (for all remaining purposes)	10th June 2013	2013/1250
Sections 85 and 86	25th February 2013	2013/358
Section 87 (partially)	25th February 2013	2013/358
Section 87 (partially)	8th April 2013	2013/358
Section 87 (for all remaining purposes)	10th June 2013	2013/1250
Sections 88 and 89 (partially)	8th April 2013	2013/358
Sections 88 and 89 (for all remaining purposes)	10th June 2013	2013/1250
Section 91 (partially)	25th February 2013	2013/358
Section 91 (partially)	8th April 2013	2013/358
Section 91 (partially)	10th June 2013	2013/1250
Sections 92, 93 and 94	25th February 2013	2013/358
Section 95 (partially)	25th February 2013	2013/358
Section 95 (partially)	8th April 2013	2013/358
Section 95 (for all remaining purposes)	10th June 2013	2013/1250
Section 96 (partially)	27th November 2012	2012/2946
Section 96 (for all remaining purposes)	15th April 2013	2012/2946
Section 97(1) to (4)	27th November 2012	2012/2946
Section 97(5) and (6)	15th April 2013	2012/2946
Sections 98 and 99	25th February 2013	2013/358
Section 100	25th February 2013	2013/358
Section 101(1) (partially)	25th February 2013	2013/358
Section 101(2)	1st April 2013	2013/358
Section 102(1) (partially)	25th February 2013	2013/358
Section 102(2) to (5)	25th February 2013	2013/358
Section 102(6) (partially)	25th February 2013	2013/358
Section 102(6) (partially)	29th April 2013	2013/983
Section 104	25th February 2013	2013/358
Section 105(1) (partially)	1st July 2012	2012/1246
Section 105(1) (partially)	1st October 2012	2012/1246
Section 105(1) (partially)	29th April 2013	2013/358
Section 105(3), (5) and (6)	29th April 2013	2013/358
Section 105(4)	1st October 2012	2012/1246
Section 105(7) (partially)	29th April 2013	2013/358
Section 106	1st July 2012	2012/1246
Section 110 (partially)	17th June 2013	2013/1250
Section 110	1st October 2013	2013/1250
Sections 113 to 115	8th May 2012	2012/863
Section 116(1) (partially)	10th May 2012	2012/1246
Section 116(1) (for all remaining purposes)	1st October 2012	2012/1246
Section 116(2)	10th May 2012	2012/1246
Section 117(1) (partially)	1st April 2013	2013/358
Section 117(1) (for all remaining purposes)	6th April 2013	2013/358
Section 117(2)	1st April 2013	2013/358
Section 117(3)	6th April 2013	2013/358
Section 118(1), (2), (5) and (8)(b) (partially)	25th February 2013	2013/358
Section 118(1), (2), (5) and (8)(b) (for all remaining purposes)	1st April 2013	2013/358
Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 119	1st April 2013	2013/358
Section 120 (partially)	1st February 2013	2013/178
Section 120 (for all remaining purposes)	6th April 2013	2013/178
Sections 122, 123 and 125	6th June 2012	2012/1246
Sections 128 and 129	20th March 2012	2012/863
Section 130 (partially)	20th March 2012	2012/863
Section 130 (for all remaining purposes)	8th May 2012	2012/863
Section 131 (partially)	20th March 2012	2012/863
Section 131 (for all remaining purposes)	8th May 2012	2012/863
Section 132(8)	20th March 2012	2012/863
Section 132 (for all remaining purposes)	8th May 2012	2012/863
Section 133(1) to (4)	20th March 2012	2012/863
Section 133(6)	2nd July 2012	2012/1651
Sections 136, 140 and 141	25th November 2013	2013/2947
Section 137	30th June 2014	2014/1635
Sections 143, 144 and 146	8th May 2012	2012/863
Schedule 1 (partially)	25th February 2013	2013/358
Schedule 2 (partially)	25th February 2013	2013/358
Schedule 2 (partially)	1st April 2013	2013/358
Schedule 2 (partially)	29th April 2013	2013/358
Schedule 2 (partially)	29th April 2013	2013/983
Schedule 3 (partially)	1st April 2013	2013/358
Schedule 3 (partially)	As section 33(1)(a) and (b)	As section 33(1)(a) and (b)
Schedule 5 (partially)	25th February 2013	2013/358
Schedule 5 (partially)	29th April 2013	2013/983
Schedule 6 (partially)	25th February 2013	2013/358
Schedule 7 (partially)	22nd October 2012	2012/2530
Schedule 8 (partially)	1st April 2013	2012/3090
Schedule 8 (for all remaining purposes)	1st August 2013	2012/3090
Schedule 9 (partially)	25th February 2013	2013/358
Schedule 9 (partially)	8th April 2013	2013/358
Schedule 9 (partially)	10th June 2013	2013/1250
Schedule 10	25th February 2013	2013/358
Schedule 11 (partially)	25th February 2013	2013/358
Schedule 11 (partially)	29th April 2013	2013/983
Part 1 of Schedule 14 (partially)	As Schedule 3	As Schedule 3
Part 3 of Schedule 14 (partially)	22nd October 2012	2012/2530
Parts 4 and 5 of Schedule 14 (partially)	As section 33(1)(a) and (b)	As section 33(1)(a) and (b)
Part 8 of Schedule 14 (partially)	1st April 2013	2012/3090
Part 8 of Schedule 14 (partially)	1st August 2013	2012/3090
Part 11 of Schedule 14 (partially)	1st April 2013	2013/358
Part 11 of Schedule 14 (partially)	29th April 2013	2013/358
Part 14 of Schedule 14	8th May 2012	2012/863
S.I. 2012/1246 was amended by S.I. 2012/1440 and 2530.