The Welfare Reform Act 2009 (Commencement No. 3) Order 2010

Made: 27th September 2010

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 61(3) and (4) of the Welfare Reform Act 2009[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 3) Order 2010.

• (2) In this Order “the Act” means the Welfare Reform Act 2009.

Appointed days

2

• (1) 1st October 2010 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 12(1) and (3) (conditions for contributory jobseeker’s allowance);

• (b) section 13(1) (conditions for contributory employment and support allowance);

• (c) section 13(4) for the purpose only of conferring power to make regulations.

• (2) 1st November 2010 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 12(2), (4) and (6);

• (b) section 13(2) and (3);

• (c) section 13(4) (so far as that provision is not already in force).

Signed

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

Freud — Parliamentary Under-Secretary of State — Department for Work and Pensions — 27th September 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the following provisions of the Welfare Reform Act 2009—

• (a) section 12(1) to (4) and (6) (conditions for contributory jobseeker’s allowance), and

• (b) section 13(1) to (4) (conditions for contributory employment and support allowance).

Section 12 amends the Jobseekers Act 1995 so that the first contribution condition for jobseeker’s allowance is met by the claimant having paid, or being treated as having paid, at least 26 weeks of Class 1 contributions on relevant earnings at the base year’s lower earnings limit in one of the two tax years prior to the claim. Subsection (3) of that section provides for a regulation-making power which will be used to make provision for determining the claimant’s relevant earnings.

Section 13 makes similar amendments to the Welfare Reform Act 2007 in relation to the first contribution condition for an employment and support allowance. Subsection (2) of that section further amends that Act so that the number of tax years in which a person can pay national insurance contributions and qualify for an employment and support allowance is reduced from three years to two.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.

Footnotes

[^f00001]: 2009 c. 24.