Interpretation
2
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”—
  1. 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 ;
  2. 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;
  3. in relation to universal credit, has the same meaning as in Part 1 of the Act ;
- “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. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 ;
- “the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 ;
- “the No. 24 Order” means the Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 ;
- “the Part 1 designated postcodes” means the postcode districts and part-districts specified in Part 1 of the Schedule;
- “the Part 2 designated postcodes” means the postcode part-districts specified in Part 2 of the Schedule;
- “the Part 3 designated postcodes” means the postcode part-districts specified in Part 3 of the Schedule;
- “the Part 4 designated postcode” means the postcode part-district specified in Part 4 of the Schedule;
- “the Part 5 designated postcodes” means the postcode districts and part-districts specified in Part 5 of the Schedule;
- “the Part 6 designated postcodes” means the postcode district and part-districts specified in Part 6 of the Schedule;
- “the Part 7 designated postcodes” means the postcode districts and part-district specified in Part 7 of the Schedule;
- “single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act .
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.
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
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,
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.
Article 4 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C. 88).
2007 c. 5.
Article 5(1A) was inserted by S.I. 2014/3067 (C. 129).
1995 c. 18.
See section 40.
S.I. 1987/1968.
See section 40.
S.I. 2013/983 (C. 41).
S.I. 2015/101 (C. 6).
S.I. 2015/634 (C. 32).
S.I. 2015/1537 (C. 87).
See section 40.
S.I. 2013/380.
Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490.
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.