2019 No. 935 (C. 25)
The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019
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:
Citation and interpretation1
1
This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019.
2
In this Order, “the No. 31 Order” means the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 20192.
Amendment of the No. 31 Order2
1
The No. 31 Order is amended as follows.
2
In article 2—
a
in paragraph (1)—
i
before “the 2002 Act”, insert—
“the 1992 Act” means the Social Security Contributions and Benefits Act 19923;
ii
omit the definition of “couple”;
b
c
in paragraph (3), after “article 6(2)” insert “and article 8(2)(b)”;
d
in paragraph (4)(b)—
i
at the start, insert “save in article 7(3)(a),”;
ii
after “part of a”, insert “mixed-age”;
iii
for “the claim being made, or the person” substitute “a person claiming or”;
iv
for “a person” substitute “the person”; and
v
omit “(save in article 7(3)) a member of”.
3
In article 7—
a
in the heading, before “polygamous marriages” insert “application of the rules in universal credit for treatment of couples and”;
b
in paragraph (1), for “party to a polygamous marriage” substitute “member of a mixed-age couple”;
c
for paragraph (2) substitute—
2
For the purposes of paragraph (3)—
a
all secondary legislation relevant to assessment of entitlement to state pension credit or housing benefit applies so that claims and awards may be made in respect of the party specified in paragraph (3)(a) or (b) as a part of a couple or as a single person respectively; and
b
the following rules in regulation 3 of the Universal Credit Regulations 2013 apply—
i
the rule in paragraph (3) (treatment of certain couples), which establishes that a member of a couple may make a claim as a single person;
ii
the rule in paragraph (4) (treatment of polygamous marriages), which establishes that two of the parties to a polygamous marriage are to be treated as a couple and the remaining party (or parties) as a single person (or single persons);
iii
the rule in paragraph (6) (absence from the household), which establishes that members of a couple may cease to be treated as a couple.
d
in paragraph (3)—
i
in sub-paragraph (a), for “(2)(a)” substitute “(2)(b)(ii)”;
ii
in sub-paragraph (b), for “(2)(a)” substitute “(2)(b)(i) to (iii)”.
4
After article 7 insert—
Transitional provision: where restrictions on claims for universal credit are in place8
1
This article applies to a member of a mixed-age couple who, further to articles 3 to 7, is excluded from entitlement to state pension credit or housing benefit, and is also prevented from claiming universal credit by virtue of—
a
regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014 (claims for universal credit may not be made in an area or category of case)6;
b
regulation 4A of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium)7; or
c
article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)8.
2
Where this article applies, the member of the mixed-age couple who has attained the qualifying age for state pension credit is, for the purposes of an award of benefit referred to in the following sub-paragraphs to that member, to be treated as—
a
meeting the basic condition of entitlement (upper age limit) for—
i
income support, in section 124(1)(aa) of the 1992 Act9;
ii
a jobseeker’s allowance, in section 1(2)(h) of the 1995 Act; or
iii
an employment and support allowance, in section 1(3)(c) of the 2007 Act; and
b
not having attained that age for housing benefit, for the purposes of regulation 5 of the Housing Benefit Regulations 200610 and regulation 5 of the Housing Benefit SPC Regulations, so that the Housing Benefit Regulations 2006 apply to the assessment of the award.
3
This article continues to apply until the award of benefit referred to in paragraph (2)(a) or (b) terminates, regardless of whether paragraph (1)(a), (b) or (c) continues to apply throughout the award.
4
Where a member of a mixed-age couple who has attained the qualifying age for state pension credit is entitled to income support by virtue of paragraph (2)(a)(i), references to a claimant’s partner in paragraphs 9 and 9A (conditions for pensioner premium)11 and in paragraph 10 (condition for higher pensioner premium)12 of Schedule 2 to the Income Support (General) Regulations 198713 have effect as though they were references to the claimant.
5
In this article—
“the 1995 Act” means the Jobseekers Act 199514;
“the 2007 Act” means the Welfare Reform Act 200715;
“employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related employment and support allowance;
“income support” has the same meaning as in Part VII of the 1992 Act;
“jobseeker’s allowance” means a jobseeker’s allowance under the 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based jobseeker’s allowance.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Order)
(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 | |
Section 1 (partially) | 1st July 2013 | |
Section 1 (partially) | 29th July 2013 | |
Section 1 (partially) | 28th October 2013 | |
Section 1 (partially) | 25th November 2013 | |
Section 1 (partially) | 24th February 2014 | |
Section 1 (partially) | 7th April 2014 | |
Section 1 (partially) | 23rd June 2014 | |
Section 1 (partially) | 30th June 2014 | |
Section 1 (partially) | 30th June 2014 | |
Section 1 (partially) | 7th July 2014 | |
Section 1 (partially) | 14th July 2014 | |
Section 1 (partially) | 21st July 2014 | |
Section 1 (partially) | 28th July 2014 | |
Section 1 (partially) | 28th July 1014 | |
Section 1 (partially) | 15th September 2014 | |
Section 1 (partially) | 22nd September 2014 | |
Section 1 (partially) | 29th September 2014 | |
Section 1 (partially) | 6th October 2014 | |
Section 1 (partially) | 13th October 2014 | |
Section 1 (partially) | 20th October 2014 | |
Section 1 (partially) | 27th October 2014 | |
Section 1 (partially) | 3rd November 2014 | |
Section 1 (partially) | 10th November 2014 | |
Section 1 (partially) | 17th November 2014 | |
Section 1 (partially) | 24th November 2014 | |
Section 1 (partially) | 24th November 2014 | |
Section 1 (partially) | 26th November 2014 | |
Section 1 (partially) | 1st December 2014 | |
Section 1 (partially) | 8th December 2014 | |
Section 1 (partially) | 15th December 2014 | |
Section 1 (partially) | 26th January 2015 | |
Section 1 (partially) | 28th January 2015 | |
Section 1 (partially) | 16th February 2015 | |
Section 1 (partially) | 23rd February 2015 | |
Section 1 (partially) | 2nd March 2015 | |
Section 1 (partially) | 2nd March 2015 | |
Section 1 (partially) | 9th March 2015 | |
Section 1 (partially) | 16th March 2015 | |
Section 1 (partially) | 18th March 2015 | |
Section 1 (partially) | 23rd March 2015 | |
Section 1 (partially) | 6th April 2015 | |
Section 1 (partially) | 6th April 2015 | |
Section 1 (partially) | 13th April 2015 | |
Section 1 (partially) | 20th April 2015 | |
Section 1 (partially) | 27th April 2015 | |
Section 1 (partially) | 4th May 2015 | |
Section 1 (partially) | 11th May 2015 | |
Section 1 (partially) | 18th May 2015 | |
Section 1 (partially) | 25th May 2015 | |
Section 1 (partially) | 1st June 2015 | |
Section 1 (partially) | 8th June 2015 | |
Section 1 (partially) | 10th June 2015 | |
Section 1 (partially) | 15th June 2015 | |
Section 1 (partially) | 22nd June 2015 | |
Section 1 (partially) | 29th June 2015 | |
Section 1 (partially) | 6th July 2015 | |
Section 1 (partially) | 13th July 2015 | |
Section 1 (partially) | 20th July 2015 | |
Section 1 (partially) | 21st September 2015 | |
Section 1 (partially) | 28th September 2015 | |
Section 1 (partially) | 5th October 2015 | |
Section 1 (partially) | 12th October 2015 | |
Section 1 (partially) | 19th October 2015 | |
Section 1 (partially) | 26th October 2015 | |
Section 1 (partially) | 2nd November 2015 | |
Section 1 (partially) | 4th November 2015 | |
Section 1 (partially) | 9th November 2015 | |
Section 1 (partially) | 16th November 2015 | |
Section 1 (partially) | 23rd November 2015 | |
Section 1 (partially) | 30th November 2015 | |
Section 1 (partially) | 2nd December 2015 | |
Section 1 (partially) | 7th December 2015 | |
Section 1 (partially) | 14th December 2015 | |
Section 1 (partially) | 11th January 2016 | |
Section 1 (partially) | 18th January 2016 | |
Section 1 (partially) | 25th January 2016 | |
Section 1 (partially) | 27th January 2016 | |
Section 1 (partially) | 1st February 2016 | |
Section 1 (partially) | 8th February 2016 | |
Section 1 (partially) | 15th February 2016 | |
Section 1 (partially) | 22nd February 2016 | |
Section 1 (partially) | 24th February 2016 | |
Section 1 (partially) | 29th February 2016 | |
Section 1 (partially) | 7th March 2016 | |
Section 1 (partially) | 14th March 2016 | |
Section 1 (partially) | 21st March 2016 | |
Section 1 (partially) | 23rd March 2016 | |
Section 1 (partially) | 28th March 2016 | |
Section 1 (partially) | 11th April 2016 | |
Section 1 (partially) | 18th April 2016 | |
Section 1 (partially) | 25th April 2016 | |
Section 1 (partially) | 27th April 2016 | |
Section 1 (partially) | 1st February 2019 | |
Section 2(1) (partially) | As section 1 | As section 1 |
Section 2(2) | 25th February 2013 | |
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 | |
Section 5 (partially) | 25th February 2013 | |
Section 5 (partially) | As section 1 | As section 1 |
Section 6(1)(a) and (3) (partially) | 25th February 2013 | |
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 | |
Section 8 (partially) | As section 1 | As section 1 |
Section 8(3) (partially) | 25th February 2013 | |
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 | |
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 | |
Section 12(1) and (2) (partially) | As section 1 | As section 1 |
Section 12(3) and (4) | 25th February 2013 | |
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 | |
Section 15(1) and (4) (partially) | As section 1 | As section 1 |
Sections 15(2) and (3) and 17(3)(f) | 25th February 2013 | |
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 | |
Section 18 (partially) | As section 1 | As section 1 |
Section 18(3) and (5) (partially) | 25th February 2013 | |
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 | |
Section 20(1) (partially) | 25th February 2013 | |
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 | |
Section 23 (partially) | As section 1 | As section 1 |
Sections 24(1), (5) and (6) and 25 | 25th February 2013 | |
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 | |
Sections 26(6) to (8), 27(4), (5) and (9) and 28 | 25th February 2013 | |
Section 27(1) to (3) and (6) to (8) (partially) | As section 1 | As section 1 |
Section 29 | 29th April 2013 | |
Sections 30 and 31 (partially) | 25th February 2013 | |
Section 31 (partially) | 1st April 2013 | |
Section 31 (partially) | 29th April 2013 | |
Section 31 (partially) | 29th April 2013 | |
Section 31 (partially) | 15th May 2019 | |
Section 32 | 25th February 2013 | |
Section 33(1)(a) and (b), (2) and (3) (partially) | 16th June 2014 | |
Section 33(1)(a) and (b), (2) and (3) (partially) | As section 1 | As section 1 |
Section 33(1)(e) | 1st April 2013 | |
Section 33(1)(f) | 1st February 2019 | |
Sections 33(3) (partially) | 1st April 2013 | |
Section 35 (partially) | 25th February 2013 | |
Section 35 (partially) | 29th April 2013 | |
Section 36 (partially) | 25th February 2013 | |
Sections 37(3) to (7) and 39(3)(a) | 25th February 2013 | |
Section 37 (for all remaining purposes) | 29th April 2013 | |
Section 38 | 29th April 2013 | |
Section 39 (partially) | 25th February 2013 | |
Section 39 (for all remaining purposes) | 29th April 2013 | |
Sections 40, 42 and 43 | 25th February 2013 | |
Section 41 | 15th September 2014 | |
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 | |
Section 45 | 8th October 2012 | |
Section 46(1) and (3) (partially) | 10th June 2012 | |
Section 46(1) (partially) | 22nd October 2012 | |
Section 46(1) (for all remaining purposes) | 19th June 2017 | |
Section 46(2) | 10th June 2012 | |
Section 46(3) (for all remaining purposes) | 22nd October 2012 | |
Section 46(4) | 22nd October 2012 | |
Section 47 | 20th March 2012 | |
Section 48 (partially) | 22nd October 2012 | |
Section 49(1) and (3) (partially) | 25th February 2013 | |
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 | |
Section 51 (partially) | 20th March 2012 | |
Section 51 (for all remaining purposes) | 1st May 2012 | |
Sections 52 and 53 | 1st May 2012 | |
Section 54(1) (partially) | 25th February 2013 | |
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 | |
Section 55 | 3rd December 2012 | |
Section 56 | 26th November 2012 | |
Section 57(1) and (2) (partially) | 25th February 2013 | |
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 | |
Section 58(1) and (2) | 20th March 2012 | |
Section 64 (partially) | 30th October 2012 | |
Section 64 (for all remaining purposes) | 5th December 2012 | |
Section 65 | 5th December 2012 | |
Section 66 (partially) | 30th October 2012 | |
Section 66 (partially) | 31st October 2013 | |
Sections 67 and 68 | 5th December 2012 | |
Section 69 (partially) | 27th November 2012 | |
Section 69 (for all remaining purposes) | 1st January 2013 | |
Section 70(1) and (3) to (10) | 1st April 2013 | |
Section 70(2) | 1st August 2013 | |
Section 73 | 1st April 2013 | |
Section 77(3) (partially) | 25th February 2013 | |
Section 77(1) to (3) (partially) | 8th April 2013 | |
Section 77(1) to (3) (for all remaining purposes) | 10th June 2013 | |
Section 78(1), (2), (5) and (6) (partially) | 8th April 2013 | |
Section 78(1), (2), (5) and (6) (for all remaining purposes) | 10th June 2013 | |
Section 78(3) and (4) | 25th February 2013 | |
Section 79(1), (2), (5) and (6) (partially) | 8th April 2013 | |
Section 79(1), (2), (5) and (6) (for all remaining purposes) | 10th June 2013 | |
Section 79(3), (4) and (7) | 25th February 2013 | |
Sections 80 and 81 | 25th February 2013 | |
Section 82 (partially) | 8th April 2013 | |
Section 82 (for all remaining purposes) | 10th June 2013 | |
Section 83(3) (partially) | 25th February 2013 | |
Section 83(1) to (3) and 84 (partially) | 8th April 2013 | |
Section 83(1) to (3) and 84 (for all remaining purposes) | 10th June 2013 | |
Sections 85 and 86 | 25th February 2013 | |
Section 87 (partially) | 25th February 2013 | |
Section 87 (partially) | 8th April 2013 | |
Section 87 (for all remaining purposes) | 10th June 2013 | |
Sections 88 and 89 (partially) | 8th April 2013 | |
Sections 88 and 89 (for all remaining purposes) | 10th June 2013 | |
Section 91 (partially) | 25th February 2013 | |
Section 91 (partially) | 8th April 2013 | |
Section 91 (partially) | 10th June 2013 | |
Sections 92, 93 and 94 | 25th February 2013 | |
Section 95 (partially) | 25th February 2013 | |
Section 95 (partially) | 8th April 2013 | |
Section 95 (for all remaining purposes) | 10th June 2013 | |
Section 96 (partially) | 27th November 2012 | |
Section 96 (for all remaining purposes) | 15th April 2013 | |
Section 97(1) to (4) | 27th November 2012 | |
Section 97(5) and (6) | 15th April 2013 | |
Sections 98 and 99 | 25th February 2013 | |
Section 100 | 25th February 2013 | |
Section 101(1) (partially) | 25th February 2013 | |
Section 101(2) | 1st April 2013 | |
Section 102(1) (partially) | 25th February 2013 | |
Section 102(2) to (5) | 25th February 2013 | |
Section 102(6) (partially) | 25th February 2013 | |
Section 102(6) (partially) | 29th April 2013 | |
Section 104 | 25th February 2013 | |
Section 105(1) (partially) | 1st July 2012 | |
Section 105(1) (partially) | 1st October 2012 | |
Section 105(1) (partially) | 29th April 2013 | |
Section 105(3), (5) and (6) | 29th April 2013 | |
Section 105(4) | 1st October 2012 | |
Section 105(7) (partially) | 29th April 2013 | |
Section 106 | 1st July 2012 | |
Section 110 (partially) | 17th June 2013 | |
Section 110 | 1st October 2013 | |
Section 112(1) and (2) (partially) | 20th April 2016 | |
Section 112(1) and (2) (for all remaining purposes) | 24th May 2016 | |
Section 112(3) to (6) | 24th May 2016 | |
Sections 113 to 115 | 8th May 2012 | |
Section 116(1) (partially) | 10th May 2012 | |
Section 116(1) (for all remaining purposes) | 1st October 2012 | |
Section 116(2) | 10th May 2012 | |
Section 117(1) (partially) | 1st April 2013 | |
Section 117(1) (for all remaining purposes) | 6th April 2013 | |
Section 117(2) | 1st April 2013 | |
Section 117(3) | 6th April 2013 | |
Section 118(1), (2), (5) and (8)(b) (partially) | 25th February 2013 | |
Section 118(1), (2), (5) and (8)(b) (for all remaining purposes) | 1st April 2013 | |
Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 119 | 1st April 2013 | |
Section 120 (partially) | 1st February 2013 | |
Section 120 (for all remaining purposes) | 6th April 2013 | |
Sections 122, 123 and 12516 | 6th June 2012 | |
Sections 128 and 129 | 20th March 2012 | |
Section 130 (partially) | 20th March 2012 | |
Section 130 (for all remaining purposes) | 8th May 2012 | |
Section 131 (partially) | 20th March 2012 | |
Section 131 (for all remaining purposes) | 8th May 2012 | |
Section 132(8) | 20th March 2012 | |
Section 132 (for all remaining purposes) | 8th May 2012 | |
Section 133(1) to (4) | 20th March 2012 | |
Section 133(6) | 2nd July 2012 | |
Sections 136, 140 and 141 | 25th November 2013 | |
Section 137 | 30th June 2014 | |
Sections 143, 144 and 146 | 8th May 2012 | |
Section 147 (partially) | 31st March 2022 | |
Schedule 1 (partially) | 25th February 2013 | |
Schedule 2 (partially) | 25th February 2013 | |
Schedule 2 (partially) | 1st April 2013 | |
Schedule 2 (partially) | 29th April 2013 | |
Schedule 2 (partially) | 29th April 2013 | |
Schedule 2 (partially) | 15th May 2019 | |
Schedule 3 (partially) | 1st April 2013 | |
Schedule 3 (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Schedule 5 (partially) | 25th February 2013 | |
Schedule 5 (partially) | 29th April 2013 | |
Schedule 6 (partially) | 25th February 2013 | |
Schedule 7 (partially) | 22nd October 2012 | |
Schedule 8 (partially) | 1st April 2013 | |
Schedule 8 (for all remaining purposes) | 1st August 2013 | |
Schedule 9 (partially) | 25th February 2013 | |
Schedule 9 (partially) | 8th April 2013 | |
Schedule 9 (partially) | 10th June 2013 | |
Schedule 10 | 25th February 2013 | |
Schedule 11 (partially) | 25th February 2013 | |
Schedule 11 (partially) | 29th April 2013 | |
Part 1 of Schedule 14 (partially) | As Schedule 3 | As Schedule 3 |
Part 1 of Schedule 14 (partially) | 31st March 2022 | |
Part 1 of Schedule 14 (partially) | 1st February 2019 | |
Part 3 of Schedule 14 (partially) | 22nd October 2012 | |
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 | |
Part 8 of Schedule 14 (partially) | 1st August 2013 | |
Part 11 of Schedule 14 (partially) | 1st April 2013 | |
Part 11 of Schedule 14 (partially) | 29th April 2013 | |
Part 14 of Schedule 14 | 8th May 2012 |