Interpretation2
1
In this Order—
“claimant”—
- a
in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 20072;
- 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);
- c
in relation to universal credit, has the same meaning as in Part 1 of the Welfare Reform Act 20124;
- a
“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.
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 201311 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.
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 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.
5
Where, by virtue of—
a
regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 198712, 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 Regulations13, 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.