2017 No. 664 (C. 56)

Social Security

The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Made

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 20121:

Citation1

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017.

Interpretation2

1

In this Order—

  • “claimant”—

    1. a

      in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 20072;

    2. b

      in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 19953 (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based jobseeker’s allowance);

    3. c

      in relation to universal credit, has the same meaning as in Part 1 of the Welfare Reform Act 20124;

  • “the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 19875;

  • “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;

  • “the No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 20146;

  • “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 20147;

  • “the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 20158;

  • “the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 20159;

  • “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 201510;

  • “the September 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 201611.

2

In this Order, references to “designated postcodes”, by numbered “Part”, are to any postcode district or part-district in the corresponding numbered Part of the Schedule to this Order.

3

For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 201312 apply for the purpose of deciding—

a

whether a claim for universal credit is made; and

b

the date on which the claim is made.

4

For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (5) and (6), 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.

5

Subject to paragraph (6), for the purposes of this Order—

a

a person makes a claim for an employment and support allowance or a jobseeker’s allowance if that person 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.

6

Where, by virtue of—

a

regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 198713, 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 Regulations14, 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 (5)(a) is taken, the claim is treated as made on that earlier date.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 5th July 20173

1

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 5th July 2017.

2

Where this article applies, the provisions referred to in sub-paragraphs (a) to (l) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

a

articles 3(2)(a) and 4(2)(a) and (b) of the No. 22 Order15, in respect of the Part 1 designated postcodes;

b

articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order16, in respect of the Part 2 designated postcodes;

c

articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order17, in respect of the Part 3 designated postcodes;

d

articles 3(2)(g) and 4(2)(m) and (n) of the No. 22 Order, in respect of the Part 4 designated postcodes;

e

articles 3(2)(l) and 4(2)(w) and (x) of the No. 22 Order, in respect of the Part 5 designated postcodes;

f

articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 22 Order18, in respect of the Part 6 designated postcodes;

g

articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order19, in respect of the Part 7 designated postcodes;

h

articles 3(2)(f) and 4(2)(k) and (l) of the No. 24 Order20, in respect of the Part 8 designated postcodes;

i

articles 3(2)(i) and 4(2)(q) and (r) of the No. 24 Order21, in respect of the Part 9 designated postcodes;

j

articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order22, in respect of the Part 10 designated postcodes;

k

articles 3(2)(aa) and 4(2)(aaa) and (bbb) of the No. 24 Order, in respect of the Part 11 designated postcodes;

l

articles 3(2)(bb) and 4(2)(ccc) and (ddd) of the No. 24 Order23, in respect of the Part 12 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 12th July 20174

1

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 12th July 2017.

2

Where this article applies, the provisions referred to in sub-paragraphs (a) to (i) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

a

articles 3(2)(a) and 4(2)(a) and (b) of the No. 22 Order, in respect of the Part 13 designated postcodes;

b

articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order24, in respect of the Part 14 designated postcodes;

c

articles 3(2)(g) and 4(2)(m) and (n) of the No. 22 Order, in respect of the Part 15 designated postcodes;

d

articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order25, in respect of the Part 16 designated postcodes;

e

articles 3(2)(j) and 4(2)(s) and (t) of the No. 22 Order26, in respect of the Part 17 designated postcodes;

f

articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 22 Order27, in respect of the Part 18 designated postcodes;

g

articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 22 Order, in respect of the Part 19 designated postcodes;

h

articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 20 designated postcodes;

i

articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 21 designated postcodes.

Modification of the No. 17, 19, 22 and 24 Orders: removal of the gateway conditions from 19th July 20175

1

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 19th July 2017.

2

Where this article applies, the provisions referred to in sub-paragraphs (a) to (j) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

a

articles 3(2)(a) and 4(2)(a) of the No. 17 Order, in respect of the Part 22 designated postcodes;

b

articles 3(2)(i) and 4(2)(i) of the No. 17 Order, in respect of the Part 23 designated postcodes;

c

articles 3(2)(k) and 4(2)(k) of the No. 17 Order, in respect of the Part 24 designated postcodes;

d

articles 3(2)(b) and 4(2)(b) of the No. 19 Order, in respect of the Part 25 designated postcodes;

e

articles 3(2)(g) and 4(2)(m) and (n) of the No. 22 Order, in respect of the Part 26 designated postcodes;

f

articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order, in respect of the Part 27 designated postcodes;

g

articles 3(2)(d) and 4(2)(g) and (h) of the No. 24 Order28, in respect of the Part 28 designated postcodes;

h

articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order29, in respect of the Part 29 designated postcodes;

i

articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order30, in respect of the Part 30 designated postcodes;

j

articles 3(2)(q) and 4(2)(gg) and (hh) of the No. 24 Order, in respect of the Part 31 designated postcodes.

Modification of the No. 24 Order: removal of the gateway conditions from 6th September 20176

1

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 6th September 2017.

2

Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

a

articles 3(2)(d) and 4(2)(g) and (h) of the No. 24 Order, in respect of the Part 32 designated postcodes;

b

articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order, in respect of the Part 33 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 13th September 20177

1

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 13th September 2017.

2

Where this article applies, the provisions referred to in sub-paragraphs (a) to (e) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

a

articles 3(2)(a) and 4(2)(a) and (b) of the No. 22 Order, in respect of the Part 34 designated postcodes;

b

articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 35 designated postcodes;

c

articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order, in respect of the Part 36 designated postcodes;

d

articles 3(2)(o) and 4(2)(cc) and (dd) of the No. 24 Order, in respect of the Part 37 designated postcodes;

e

articles 3(2)(aa) and 4(2)(aaa) and (bbb) of the No. 24 Order, in respect of the Part 38 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 20th September 20178

1

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 20th September 2017.

2

Where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

a

articles 3(2)(l) and 4(2)(w) and (x) of the No. 22 Order, in respect of the Part 39 designated postcodes;

b

articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 40 designated postcodes;

c

articles 3(2)(q) and 4(2)(gg) and (hh) of the No. 24 Order, in respect of the Part 41 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 27th September 20179

1

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 27th September 2017.

2

Where this article applies, the provisions referred to in sub-paragraphs (a) to (e) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

a

articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order, in respect of the Part 42 designated postcodes;

b

articles 3(2)(l) and 4(2)(w) and (x) of the No. 22 Order, in respect of the Part 43 designated postcodes;

c

articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order31, in respect of the Part 44 designated postcodes;

d

articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 45 designated postcodes;

e

articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 24 Order32, in respect of the Part 46 designated postcodes.

Modifications in consequence of removal of the gateway conditions: the No. 17 Order10

1

This article applies in the case of a claim in relation to which provisions of the No. 17 Order are modified under article 5(2)(a), (b) or (c).

2

Where this article applies, the No. 17 Order has effect as though—

a

in article 2(1) (interpretation), the definition of “gateway conditions” were omitted;

b

in article 3(2)(b), (d), (f), (h), (j) and (l) (coming into force of the universal credit provisions and incorrect information)33

i

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

ii

in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

iii

in paragraph (iii), “or meeting the gateway conditions” were omitted;

c

in article 3(5) (article 3A of the No. 9 Order and incorrect information)34

i

for the text from “No. 8” to “No. 13 relevant district” there were substituted “numbered relevant district referred to in paragraph (2)”;

ii

“or meeting the gateway conditions” were omitted in both places it occurs;

d

in article 4(2)(b), (d), (f), (h), (j) and (l) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)35

i

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

ii

in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

iii

in paragraph (iii), “or meeting the gateway conditions” were omitted; and

e

for article 4(7) (claims by couples)36 there were substituted—

7

Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a), (c), (e), (g), (i) and (k) 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).

Modifications in consequence of removal of the gateway conditions: the No. 19 Order11

1

This article applies in the case of a claim in relation to which provisions of the No. 19 Order are modified under article 5(2)(d).

2

Where this article applies, the modifications to the No. 19 Order made by article 13(2) of the September 2016 Order have effect.

Modifications in consequence of removal of the gateway conditions: the No. 22 Order12

1

This article applies in the case of a claim in relation to which provisions of the No. 22 Order are modified under—

a

article 3(2)(a), (b), (c), (d), (e) or (f);

b

article 4(2)(a), (b), (c), (d), (e), (f) or (g);

c

article 5(2)(e) or (f);

d

article 7(2)(a) or (b);

e

article 8(2)(a); or

f

article 9(2)(a) or (b).

2

Where this article applies, the modifications to the No. 22 Order made by article 14(2) of the September 2016 Order have effect.

Modifications in consequence of removal of the gateway conditions: the No. 24 Order13

1

This article applies in the case of a claim in relation to which provisions of the No. 24 Order are modified under—

a

article 3(2)(g), (h), (i), (j), (k) or (l);

b

article 4(2)(h) or (i);

c

article 5(2)(g), (h), (i) or (j);

d

article 6(2);

e

article 7(2)(c), (d) or (e);

f

article 8(2)(b) or (c); or

g

article 9(2)(c), (d) or (e).

2

Where this article applies, the modifications to the No. 24 Order made by article 15(2) of the September 2016 Order have effect.

Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit14

Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)37 applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that Order included—

a

a reference to paragraph (1) and sub-paragraphs (a), (i) and (k) of paragraph (2) of article 3 of the No. 17 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by article 5(2)(a), 5(2)(b) and 5(2)(c) of this Order;

b

a reference to paragraph (1) and sub-paragraph (b) of paragraph (2) of article 3 of the No. 19 Order, in respect of claims in relation to which that sub-paragraph is modified by article 5(2)(d) of this Order;

c

a reference to paragraph (1) and sub-paragraphs (e), (j), (n), (s) and (t) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 4(2)(b), 4(2)(e), 4(2)(f), 4(2)(g) and 3(2)(f) of this Order;

d

a reference to paragraph (1) and sub-paragraphs (a), (c), (f), (g), (h) and (l) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 3(2)(a), 4(2)(a) and 7(2)(a), articles 3(2)(b) and 7(2)(b), articles 3(2)(c) and 9(2)(a), articles 3(2)(d), 4(2)(c) and 5(2)(e), articles 4(2)(d) and 5(2)(f), and articles 3(2)(e), 8(2)(a) and 9(2)(b) of this Order;

e

a reference to paragraph (1) and sub-paragraphs (c), (f), (i), (o), (r) and (bb) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 9(2)(c), 3(2)(h), 3(2)(i), 7(2)(d), 9(2)(e) and 3(2)(l) of this Order; and

f

a reference to paragraph (1) and sub-paragraphs (a), (d), (h), (l), (p), (q) and (aa) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 3(2)(g), 4(2)(h) and 8(2)(b), articles 5(2)(g) and 6(2)(a), articles 5(2)(h) and 7(2)(c), articles 3(2)(j), 4(2)(i) and 9(2)(d), articles 5(2)(i) and 6(2)(b), articles 5(2)(j) and 8(2)(c), and articles 3(2)(k) and 7(2)(e) of this Order.

Appointed day15

19th June 2017 is the day appointed for the coming into force of section 46(1) (sanctions) of the Welfare Reform Act 2012 for the purpose of the substitution of section 19C (hardship payments) of the Jobseekers Act 1995.

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

Damian HindsMinister of StateDepartment for Work and Pensions

SCHEDULEPOSTCODE DISTRICTS AND PART-DISTRICTS

Article 2(2)

PART 1

  • IV6.

  • IV7.

  • IV14.

  • IV15.

  • IV16.

  • IV17.

  • IV18.

  • IV19.

  • IV20.

  • IV23.

  • IV24.

  • IV25.

  • IV27.

  • IV28.

  • IV40.

  • IV41.

  • IV42.

  • IV43.

  • IV44.

  • IV45.

  • IV46.

  • IV47.

  • IV48.

  • IV49.

  • IV51.

  • IV52.

  • IV53.

  • IV55.

  • IV56.

  • KW1.

  • KW3.

  • KW5.

  • KW6.

  • KW7.

  • KW8.

  • KW9.

  • KW10.

  • KW11.

  • KW12.

  • KW13.

  • KW14.

  • PH30.

  • PH31.

  • PH33 6 and PH33 7.

  • PH34.

  • PH35.

  • PH36.

  • PH37.

  • PH38.

  • PH39.

  • PH40.

  • PH41.

  • PH42.

  • PH43.

  • PH44.

  • PH49.

  • PH50.

PART 2

  • S63 0.

  • S63 8.

  • S70.

  • S72 0.

  • S72 7 and S72 8.

  • S73 3.

  • S73 8 and S73 9.

PART 3

  • DY1.

  • DY2.

PART 4

  • B62 2.

  • B62 9.

  • B63.

  • DY5 2 to DY5 4.

  • DY6 7 to DY6 9.

  • DY8 1.

  • DY8 3 to DY8 5.

  • DY8 9.

  • DY9 7 and DY9 8.

PART 5

  • B36.

  • B37.

  • B46 1 and B46 2.

  • B90 2 to B90 4.

  • B90 8 and B90 9.

  • B91.

PART 6

  • CH8 7.

PART 7

  • DY6 6.

  • PA80.

PART 8

  • B46 3.

  • B62 0.

  • B90 1.

  • DY9 0.

  • DY9 9.

PART 9

  • B62 8.

  • B64.

  • B65 0.

  • B65 8.

PART 10

  • DY6 0.

  • DY7.

  • DY8 2.

  • S63 3.

  • S63 5.

  • S63 9.

  • S73 0.

  • S74.

PART 11

  • S72 9.

PART 12

  • PH33 9.

PART 13

  • BS21.

  • BS48.

  • YO1.

  • YO10.

  • YO23 1.

  • YO24.

  • YO26 0.

  • YO26 4 to YO26 6.

  • YO30 4 to YO30 7.

  • YO31.

  • YO32 2 to YO32 4.

  • YO32 9.

PART 14

  • BA12.

  • BA13.

  • BA14.

  • BA15.

  • SN8 1.

  • SN8 3 and SN8 4.

  • SN8 9.

  • SN9.

  • SN10.

  • SN12.

PART 15

  • NP4.

  • NP44.

PART 16

  • TN39 3.

  • TN40.

PART 17

  • SO50 0.

  • SO50 4 and SO50 5.

  • SO50 8.

  • SO53 1 and SO53 2.

PART 18

  • TN39 4 and TN39 5.

PART 19

  • SN8 2.

PART 20

  • SO32 1 and SO32 2.

  • SO50 6 and SO50 7.

  • SO50 9.

  • SO51 0 and SO51 1.

  • SO51 5.

  • SO51 7 to SO51 9.

  • SO52.

  • SO53 3 to SO53 5.

PART 21

  • SO51 6.

PART 22

  • M31.

  • M32.

  • M33 2.

  • M33 4 to M33 7.

  • M41.

  • WA14 1 and WA14 2.

  • WA14 5.

  • WA15 5 and WA15 6.

  • WA15 9.

PART 23

  • M17 1.

  • M17 8.

PART 24

  • CH1.

  • CH2.

  • CH3.

  • CH4 7 and CH4 8.

  • CW1.

  • CW2 6 to CW2 8.

  • CW3 0.

  • CW4.

  • CW5.

  • CW10.

  • CW11.

  • WA6.

  • WA14 3 and WA14 4.

PART 25

  • M33 3.

  • WA15 0.

  • WA15 7 and WA15 8.

PART 26

  • SS0.

  • SS1.

  • SS2 4.

  • SS9 0 and SS9 1.

PART 27

  • ST7 2.

  • SY14 8.

PART 28

  • CT9.

  • CT11 0.

  • CT11 7 to CT11 9.

PART 29

  • W8.

  • W10 5 and W10 6.

  • W10 9.

  • W11.

PART 30

  • CT13 0.

  • CT13 9.

PART 31

  • CM18 6.

  • CM19 4.

  • CM20 1.

  • CM20 3.

  • CM20 9.

PART 32

  • CT7 9.

  • CT8.

  • CT10.

  • CT11 1.

  • CT12.

PART 33

  • CT7 0.

  • CT13 3.

PART 34

  • YO19 4 and YO19 5.

  • YO26 7 to YO26 9.

  • YO30 1 and YO30 2.

  • YO32 5.

  • YO61.

  • YO90.

  • YO91.

PART 35

  • S36 6 to S36 9.

  • S71 1 to S71 3.

  • S71 5.

  • S75 1 to S75 3.

  • S75 6.

PART 36

  • LS24 0.

  • YO19 6.

  • YO23 2 and YO23 3.

  • YO23 7.

PART 37

  • S35 5.

  • S35 7.

  • YO41.

  • YO42.

PART 38

  • S71 4.

  • S75 4 and S75 5.

PART 39

  • SS9 2 to SS9 4.

PART 40

  • SS3 8.

PART 41

  • CM17.

  • CM18 7.

  • CM19 5.

  • CM20 2.

  • CM21 9.

  • SS2 5 and SS2 6.

  • SS3 0.

  • SS3 9.

  • SS9 5.

PART 42

  • DY3 2 and DY3 3.

  • DY5 1.

PART 43

  • B92.

  • B93 3.

  • B93 9.

PART 44

  • B93 0.

  • B93 8.

PART 45

  • DY3 4.

PART 46

  • DY3 1.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies a series of prior Orders (the “prior commencement Orders”, defined below) bringing into force provisions of the Welfare Reform Act 2012 (c. 5) (“the Act”) relating to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance. Those prior commencement Orders are:

a

the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583 (C. 61));

b

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 (S.I. 2014/2321 (C. 99));

c

the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101 (C. 6) (“the No. 22 Order”)); and

d

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 (S.I. 2015/1537 (C. 87) (“the No. 24 Order”)).

Articles 3 and 4 of each of the prior commencement Orders brought into force respectively 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”)), and provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”).

The modifications to the provisions of articles 3(2) and 4(2) of the prior commencement Orders by paragraph (2) of articles 3 to 9 of this Order remove the restrictions on claiming UC included in the prior commencement Orders (“the gateway conditions”, set out in Schedule 5 to the No. 9 Order) so that they do not apply to the specified provisions of articles 3(2) and 4(2) of the prior commencement Orders for the coming into force of the UC provisions and the amending provisions in the postcode districts and part-districts specified.

Articles 3 to 9 of this Order apply where claims are made (as the case may be) for universal credit, an employment and support allowance or a jobseeker’s allowance on or after 5th, 12th and 19th July 2017; 6th, 13th, 20th and 27th September, respectively; and by reference to residence in one of the designated postcodes in the corresponding Part of the Schedule to this Order. See article 2(2) for the definition of these postcodes.

Articles 10 to 13 of this Order make consequential modifications to a number of similar provisions in each of the prior commencement Orders to remove references to meeting the gateway conditions. By virtue of the gateway conditions no longer applying, claims by couples will become possible for the first time in certain of the designated postcodes, those for which the UC provisions were commenced under the No. 22 Order and the No. 24 Order for single UC claimants only. The consequential modifications by articles 12 and 13 to those Orders also make provision for claims by couples.

Article 14 modifies article 7 of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634 (C. 32)) such 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 by virtue of any of the sub-paragraphs of article 3(2) of the prior commencement Orders modified by paragraph (2) of articles 3 to 9 of this Order.

Article 15 commences section 46(1) of the Act for the purpose of substituting section 19C of the Jobseekers Act 1995 (“the 1995 Act”). Section 19C provides a power to make regulations under the 1995 Act for the making of hardship payments to claimants whose award of jobseeker’s allowance is reduced under sections 19 to 19B of that Act. Section 46(1) (sanctions) substitutes sections 19 to 19C of the 1995 Act. Sections 19 to 19B were brought into force in 2012 by the Welfare Reform Act 2012 (Commencement No. 2) Order 2012 (S.I. 2012/1246 (C. 42)) for the purposes of making regulations and by the Welfare Reform Act 2012 (Commencement No. 4) Order 2012 (S.I. 2012/2530 (C. 102)) for all remaining purposes.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(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

2014/209

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 1014

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)

16th February 2015

2015/101

Section 1 (partially)

23rd February 2015

2015/101

Section 1 (partially)

2nd March 2015

2015/32

Section 1 (partially)

2nd March 2015

2015/101

Section 1 (partially)

9th March 2015

2015/101

Section 1 (partially)

16th March 2015

2015/101

Section 1 (partially)

18th March 2015

2015/634

Section 1 (partially)

23rd March 2015

2015/101

Section 1 (partially)

6th April 2015

2015/32

Section 1 (partially)

6th April 2015

2015/101

Section 1 (partially)

13th April 2015

2015/101

Section 1 (partially)

20th April 2015

2015/101

Section 1 (partially)

27th April 2015

2015/101

Section 1 (partially)

4th May 2015

2015/101

Section 1 (partially)

11th May 2015

2015/101

Section 1 (partially)

18th May 2015

2015/101

Section 1 (partially)

25th May 2015

2015/101

Section 1 (partially)

1st June 2015

2015/101

Section 1 (partially)

8th June 2015

2015/101

Section 1 (partially)

10th June 2015

2015/634

Section 1 (partially)

15th June 2015

2015/101

Section 1 (partially)

22nd June 2015

2015/101

Section 1 (partially)

29th June 2015

2015/101

Section 1 (partially)

6th July 2015

2015/101

Section 1 (partially)

13th July 2015

2015/101

Section 1 (partially)

20th July 2015

2015/101

Section 1 (partially)

21st September 2015

2015/1537

Section 1 (partially)

28th September 2015

2015/1537

Section 1 (partially)

5th October 2015

2015/1537

Section 1 (partially)

12th October 2015

2015/1537

Section 1 (partially)

19th October 2015

2015/1537

Section 1 (partially)

26th October 2015

2015/1537

Section 1 (partially)

2nd November 2015

2015/1537

Section 1 (partially)

4th November 2015

2015/634

Section 1 (partially)

9th November 2015

2015/1537

Section 1 (partially)

16th November 2015

2015/1537

Section 1 (partially)

23rd November 2015

2015/1537

Section 1 (partially)

30th November 2015

2015/1537

Section 1 (partially)

2nd December 2015

2015/1930

Section 1 (partially)

7th December 2015

2015/1537

Section 1 (partially)

14th December 2015

2015/1537

Section 1 (partially)

11th January 2016

2015/1537

Section 1 (partially)

18th January 2016

2015/1537

Section 1 (partially)

25th January 2016

2015/1537

Section 1 (partially)

27th January 2016

2016/33

Section 1 (partially)

1st February 2016

2015/1537

Section 1 (partially)

8th February 2016

2015/1537

Section 1 (partially)

15th February 2016

2015/1537

Section 1 (partially)

22nd February 2016

2015/1537

Section 1 (partially)

24th February 2016

2016/33

Section 1 (partially)

29th February 2016

2015/1537

Section 1 (partially)

7th March 2016

2015/1537

Section 1 (partially)

14th March 2016

2015/1537

Section 1 (partially)

21st March 2016

2015/1537

Section 1 (partially)

23rd March 2016

2016/407

Section 1 (partially)

28th March 2016

2015/1537

Section 1 (partially)

11th April 2016

2015/1537

Section 1 (partially)

18th April 2016

2015/1537

Section 1 (partially)

25th April 2016

2015/1537

Section 1 (partially)

27th April 2016

2016/407

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

Section 112(1) and (2) (partially)

20th April 2016

2016/511

Section 112(1) and (2) (for all remaining purposes)

24th May 2016

2016/511

Section 112(3) to (6)

24th May 2016

2016/511

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 12538

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