The Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013

Made: 20th June 2013

The Secretary of State, in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012 , makes the following Order:

Citation

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This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013.

Interpretation

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• (1) In this Order—

• “the Act” means the Welfare Reform Act 2012;

• “the 1995 Act” means the Jobseekers Act 1995 ;

• “the 2007 Act” means the Welfare Reform Act 2007 ;

• “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);

• “appointed day” means the day appointed for the coming into force of the amending provisions in accordance with article 4(3) of the No. 9 Order;

• “claimant”—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);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);in relation to universal credit, has the same meaning as in Part 1 of the Act;

• “contribution-based jobseeker's allowance” means a contribution-based allowance under the 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based allowance;

• “contributory employment and support allowance” means a contributory 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 Act that remove references to an income-related allowance;

• “employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act;

• “First-tier Tribunal” has the same meaning as in the Social Security Act 1998;

• ...

• “jobseeker's allowance” means an allowance under the 1995 Act;

• “joint claimants”, in relation to universal credit, has the same meaning as in Part 1 of the Act;

• “joint-claim couple” has the meaning given in section 1(4) of the 1995 Act ;

• “new style ESA award” means an award of an employment and support allowance under Part 1 of the 2007 Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;

• “new style JSA award” means an award of a jobseeker's allowance under the 1995 Act as amended by the provisions of Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker's allowance;

• “No. 2 relevant districts” means the postcode districts and part-districts specified in Part 1 of the Schedule;

• “No. 3 relevant districts” means the postcode districts and part-districts specified in Part 2 of the Schedule;

• “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 ;

• “old style ESA award” means an award of 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 Act that remove references to an income-related allowance;

• “old style JSA award” means an award of 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 Act that remove references to an income-based jobseeker's allowance;

• “single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act;

• ...

• ...

• “Upper Tribunal” has the same meaning as in the Social Security Act 1998.

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Day appointed for commencement of the universal credit provisions in Part 1 of the Act

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• (1) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2 to the No. 9 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

• (2) The claims referred to are—

• (a) a claim for universal credit where, on the date on which the claim is made, the claimant resides in one of the No. 2 or No. 3 relevant districts ...; and

• (b) a claim for universal credit where—

• (i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 2 or a No. 3 relevant district ... and the claimant does not reside in such a district ... on the date on which the claim is made;

• (ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district ... and one or both of them does not or do not reside in such a district ... on the date on which the claim is made; and

• (iii) after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence ....

• (3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made ....

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Article 3(6) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 3(4)(a) of the No. 9 Order.

• (6) Article 3A of the No. 9 Order applies in connection with a claim for universal credit where a single claimant, or, as the case may be, either or both of joint claimants, gives incorrect information regarding his or her (or their) residing in a No. 2 or a No. 3 relevant district ..., as it applies in connection with the giving of incorrect information regarding a claimant residing in a relevant district (as defined in the No. 9 Order) ....

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance

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• (1) The day appointed for the coming into force of the amending provisions, in relation to the case of a claim referred to in paragraph (2) and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

• (2) The claims referred to are—

• (a) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance where, on the date on which the claim is made or treated as made, the claimant—

• (i) resides in one of the No. 2 or No. 3 relevant districts; ...

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a claim for universal credit where—

• (i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 2 or a No. 3 relevant district ... and the claimant does not reside in such a district ... on the date on which the claim is made;

• (ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district ... and one or both of them does not or do not reside in such a district ... on the date on which the claim is made; and

• (iii) after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence ...;

• (c) a claim for an employment and support allowance or a jobseeker’s allowance other than one referred to in sub-paragraph (a) that is made or treated as made during the relevant period by a single claimant of universal credit or by either of two joint claimants of universal credit who has or have made a claim for universal credit within sub-paragraph (a) or (b).

• (3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

• (4) For the purposes of paragraph (2)(c), “relevant period” means, in relation to a claim for universal credit referred to in paragraph (2)(a) or (b), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

• (5) For the purposes of paragraph (4), a “UC claim period” is a period when—

• (a) a claim for universal credit as referred to in paragraph (2)(a), (b)(i) or (ii) has been made but a decision has not yet been made on the claim; or

• (b) a decision has been made that the claimant is not entitled to universal credit and—

• (i) the Secretary of State is considering whether to revise that decision under section 9 of the Social Security Act 1998, whether on an application made for that purpose, or on the Secretary of State’s own initiative; or

• (ii) the claimant has appealed against that decision to the First-tier Tribunal and that appeal or any subsequent appeal to the Upper Tribunal or to a court has not been finally determined.

• (6) Paragraphs (6) to (9) of article 4 of the No. 9 Order apply in relation to the case of a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply in relation to the case of a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order (and any award that is made in respect of the claim).

• (7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) 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).

• (8) Paragraphs (5) to (7) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (a) and (c) of paragraph (2) as they apply for the purposes of sub-paragraphs (a) and (g) of article 4(2) of the No. 9 Order.

• (9) Article 5(8) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 4(3)(a) of the No. 9 Order.

Application of the No. 9 Order

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Articles 9 to 22 of the No. 9 Order apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in sub-paragraphs (a), (b) and (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

Amendment of article 7 of the No. 9 Order – transitional provisions in relation to claimant responsibilities with respect to employment and support allowance and jobseeker's allowance

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• (1) Paragraph (3) applies in relation to a case where, under any secondary legislation, in relation to a new style JSA award, the 1995 Act applies as though the amending provisions had not come into force (which award therefore continues as an old style JSA award) and where the day with effect from which the 1995 Act so applies occurs on or after 1st July 2013.

• (2) Paragraph (4) applies in relation to a case where, under any secondary legislation, in relation to a new style ESA award, Part 1 of the 2007 Act applies as though the amending provisions had not come into force (which award therefore continues as an old style ESA award) and where the day with effect from which Part 1 of the 2007 Act so applies occurs on or after 1st July 2013.

• (3) In relation to a case to which this paragraph applies, for article 7(2) of the No. 9 Order substitute—

(2) Where, under any secondary legislation, in relation to a new style JSA award, the 1995 Act applies as though the amending provisions had not come into force, then, with effect from the day on which the 1995 Act so applies, the 1995 Act, the Social Security Administration Act 1992 and the Social Security Act 1998 are to apply in relation to the award as though the provisions referred to in paragraph (1)(a), (b) and (e) had not come into force.

• (4) In relation to a case to which this paragraph applies, for article 7(3) of the No. 9 Order substitute—

(3) Where, under any secondary legislation, in relation to a new style ESA award, Part 1 of the 2007 Act applies as though the amending provisions had not come into force, then, with effect from the day on which Part 1 of the 2007 Act so applies, Part 1 of the 2007 Act and the Welfare Reform Act 2009 are to apply in relation to the award as though the provisions referred to in paragraph (1)(c), (d) and (f) had not come into force.

• (5) For the purposes of this article, “secondary legislation” means an instrument made under an Act.

Amendment of Schedule 4 to the No. 9 Order

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With effect from 1st July 2013, Schedule 4 to the No. 9 Order (modifications of the 2010 Transitional Regulations) is amended as follows—

• (a) for paragraph 21(2)(b)(i) substitute—

(i) for the definition of “contributory allowance” substitute— employment and support allowance” means an employment and support allowance to which a person is entitled by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit)(Existing Awards)(No.2) Regulations 2010 which was based on an award of incapacity benefit or severe disablement allowance to which the person was entitled. and for “; and” following that definition substitute “ . ”;

; and

• (b) after paragraph 21(2) insert—

(2A) In paragraph 2A— (a) in paragraph (1), omit “contributory”; and (b) in paragraph (2), in the substituted section 1A — (i) in paragraphs (1) and (3) to (5), for “ a contributory allowance” substitute “ an employment and support allowance ”; and (ii) in paragraph (3), omit “Part 1 of”.

Amendment of the No. 9 Order – transition from old style ESA to new style ESA

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• (1) Paragraph (2) applies in relation to a case where—

• (a)

• (i) a person makes, or is treated as making, a claim for an employment and support allowance;

• (ii) under article 4 of the No. 9 Order, Part 1 of the 2007 Act, as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance, applies in relation to the claim; and

• (iii) the claim is made or treated as made on or after 1st July 2013; or

• (b)

• (i) a person has an old style ESA award immediately before the appointed day in relation to a case of a claim for universal credit referred to in article 4(2)(a) to (d) of the No. 9 Order (and any award made in respect of the claim), or an award of universal credit referred to in article 4(2)(e) or (f) of the No. 9 Order;

• (ii) the old style ESA award consists of or includes a contributory employment and support allowance (which allowance therefore continues as a new style ESA award); and

• (iii) the first day on which the person is entitled to an employment and support allowance under the new style ESA award occurs on or after 1st July 2013.

• (2) Where this paragraph applies, article 10 of the No. 9 Order is amended as follows—

• (a) for the title substitute “ Transition from old style ESA ”;

• (b) for paragraph (1) substitute—