The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014

Article 6 of this Order substitutes a new article 4 of the No. 9 Order with respect to the coming into force of the amending provisions in relation to cases covered by article 3 of this Order. An award of ESA or JSA that is made under Part 1 of the Welfare Reform Act [2007 (c.5)](https://www.legislation.gov.uk/ukpga/2007/5) or the Jobseekers Act [1995 (c.18)](https://www.legislation.gov.uk/ukpga/1995/18) as amended by the amending provisions, and which is therefore contributory only, is referred to as “new style ESA” or “new style JSA”.

Sub-paragraphs (a) to (f) of paragraph (2) of the new article 4(2) of the No. 9 Order provide for the coming into force of the amending provisions under conditions that are similar to those that apply under article 3 of the No. 9 Order for the coming into force of the UC provisions (though sub-paragraph (a) refers to a claim for UC, ESA or JSA).

New article 4(2)(c) of the No. 9 Order covers the case where a couple is formed by a person who was entitled to UC as a single person and a person (“new claimant partner”) who was not so entitled before becoming part of the couple. Article 4(2)(c), with new article 5(2) of the No. 9 Order, provides that, in addition, the basic conditions for UC set out in section 4(1)(a) to (d) of the Act must be satisfied before the amending provisions come into force (this reflects the fact that the person who did not previously have an award of UC may have an award of old style ESA or JSA (i.e. an award subject to Part 1 of the Welfare Reform Act 2007 (c.5) or the Jobseekers Act 1995 (c.18), respectively, as those provisions have effect apart from the amending provisions). Where the conditions are not satisfied, the amending provisions will not commence such that the old style ESA or JSA award continues in being).

New article 4(2)(g) of the No. 9 Order, with new article 5(3) and (4) of the No. 9 Order, provides that the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim does not fall within the case in article 4(2)(a) and where the claim for ESA or JSA is made during the period specified (mainly the period when a claim for UC is being considered or an award of UC is extant). This has the effect that such a claim for ESA or JSA is a claim for new style ESA or new style JSA, even where the claim relates to a period before the beginning of the UC award.

Article 4 (4) of the No. 9 Order contains an alternative appointed day where, in a case under article 4(2)(c), the new claimant partner was formerly part of a couple with another person and an award of old style ESA or JSA applied to the former couple for part of the period for which a claim for UC is treated as made by the new claimant partner together with their new partner. In that case, the appointed day is the day after the day on which the new claimant partner and their former partner ceased to be a couple.

Article 7 of this Order substitutes a new article 5 of the No. 9 Order. The new article 5 contains provisions relevant to the interpretation of article 4 and in particular provides that, for the purpose of deciding whether a claim is made under new article 4(2)(g) of the No. 9 Order within the period specified (mainly, when a claim for UC is being considered or an award of UC is extant), it is irrelevant that, under rules in the Claims and Payments Regulations 1987, the claim is treated as made prior to that period (e.g. in cases where a person makes a claim for JSA for a period before the claim is made and the claim is deemed to be made at the beginning of the period for which the claim is made). There is an exception for cases where a person gave first notification of intention to make a claim, or made an incomplete claim, prior to the period and completed the claim during the period.

Article 8 inserts a new article 5A into the No. 9 Order. This article has the effect that where a person claims ESA or JSA and they would not be able to claim UC by virtue of a determination made by the Secretary of State that a claim for UC may not be made in a specified class of case or area (see regulation 4(1) of the 2014 Transitional Regulations), then Part 1 of the Welfare Reform Act 2007, the Jobseekers Act 1995 and other relevant provisions apply in relation to the claim for ESA or JSA as if the amending provisions had not come into force. There is an exception where the claim for ESA or JSA is made during the period specified in article 4(2)(g) (mainly, where the claim for ESA or JSA is made during the period when a claim for UC is being considered or an award of UC is extant).

Article 9 amends article 6 of the No. 9 Order so that the conditions in article 6(1) under which an award of new style ESA or new style JSA can become an award of old style ESA or old style JSA include a condition that a claim for UC could not be made under any commencement order that brings into force the UC provisions, or that such a claim could be made under a commencement order but a determination under regulation 4(1) of the 2014 Transitional Regulations has been made such that such a claim may not be made.

Article 11 amends article 11 of the No. 9 Order to provide for transitional provisions in relation to certain additional cases where a person has an award of old style ESA and previously had an award of new style ESA. Article 12 amends article 13 of the No. 9 Order in order to provide for transitional provisions in relation to certain additional cases where a person has an award of old style JSA and previously had an award of new style JSA.

Article 15 inserts a new article 24 into the No. 9 Order; this makes provision relating to the possible revision of a decision to make a UC award, where an appeal against a decision not to award old style ESA or old style JSA is made after a UC award has been made.

Article 16 inserts a new Schedule 5 into the No. 9 Order (which contains the “gateway conditions”).

Part 3 of this Order amends the No. 11, 13, 14 and 16 Orders in order to make similar changes to these Orders to those made to the No. 9 Order, with respect to claims for UC made on or after 16th June 2014 in relation to residence in the areas covered by those Orders and to compliance with the gateway conditions.

Footnotes

[^f00001]: 2012 c.5.

[^f00002]: 1995 c.18.

[^f00003]: 2007 c.5.

[^f00004]: See section 40 of the Welfare Reform Act 2012 (c. 5) (“the Act”).

[^f00005]: S.I. 1987/1968.

[^f00006]: S.I. 2013/380.

[^f00007]: 1998 c.14.

[^f00008]: S.I. 2013/983 (C. 41).

[^f00009]: S.I. 2013/1511 (C. 60).

[^f00010]: S.I. 2013/2657 (C. 107).

[^f00011]: S.I. 2013/2846 (C. 114).

[^f00012]: S.I. 2014/209 (C. 7).

[^f00013]: 1992 c 4.

[^f00014]: 2002 c.16.

[^f00015]: 2002 c. 21.

[^f00016]: S.I. 2014/1230.

[^f00017]: S.I. 2013/376.

[^f00018]: A definition of “gateway conditions” is inserted into article 2(1) of the No. 9 Order by article 4 of this Order.

[^f00019]: S.I. 2006/213.

[^f00020]: S.I. 2006/214.

[^f00021]: S.I. 2002/2014.

[^f00022]: See the Act, s.3.

[^f00023]: Regulation 19 was substituted by S.I. 1997/793 and relevant amendments to regulation 19 were made by 1997/2290, 1999/2572 and 3108, 2000/1982 and 2978, 2002/428 and 1397 and 2006/2377. Relevant amendments to Schedule 4 were made by S.I. 1996/1460 and 2008/1554.

[^f00024]: 2009 c. 24.

[^f00025]: 1992 c. 5.

[^f00026]: 1998 c. 14.

[^f00027]: Article 11 was amended by S.I. 2013/1511 (C. 60).

[^f00028]: Article 13 was substituted by S.I. 2013/1511 (C. 60).

[^f00029]: Regulation 17A was inserted by S.I. 1998/1274; the definition of “benefit” was substituted by S.I. 1999/3083.

[^f00030]: Sub-paragraph (r) was substituted by S.I. 1998/1274 and amended by S.I. 2008/2831 and 2009/583.

[^f00031]: Relevant amendments of sub-paragraph (1) were made by S.I. 1996/1516 and 1517, 1999/2860, 2001/488 and 2011/674.

[^f00032]: S.I. 1976/615. Schedule 1 was substituted by S.I. 2010/137.

[^f00033]: 1992 c. 4. Section 71 was amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 67(1).

[^f00034]: See the Act, s.77.

[^f00035]: 1998 c.14. The section has been amended in a way that is not relevant to this Order. See, in relation to consideration of revision under s.9, s.12(2)(b) and (3A), inserted by section 102 of the Act.

[^f00036]: 2000 c.19.

[^f00037]: 1996 c.52.

[^f00038]: 2006 c.52.

[^f00039]: See regulation 2, as amended by S.I. 2013/803.

[^f00040]: 1991 c.48.

[^f00041]: See section 40 of the Act.

[^f00042]: S.I. 2011/581. See regulation 27.

[^f00043]: S.I. 2003/237. See regulation 28, substituted by S.I. 2010/746.

[^f00044]: S.S.I. 2009/210. See regulations 10 and 22.

[^f00045]: 2005 c.9.

[^f00046]: 1983 c.20.

[^f00047]: 1979 c.34.

[^f00048]: S.I. 2013/380.

[^f00049]: Article 4 of the No. 9 Order is substituted by article 6 of this Order.

[^f00050]: Article 5 of the No. 9 Order is substituted by article 7 of this Order.

[^f00051]: S.I. 2013/983 was amended by S.I. 2013/1511.

[^f00052]: S.I. 2012/1246 was amended by S.I. 2012/1440 and 2530.