The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014

Made: 3rd February 2014

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

1

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014.

Interpretation

2

• (1) In this Order—

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

• “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);

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

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

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

• ...

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

• “No. 6 relevant districts” means the postcode part-districts specified in Part 1 of the Schedule;

• “No. 7 relevant districts” means the postcode 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 .

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

• (2) For the purposes of this Order, a reference to a person who falls within the Pathfinder Group is a reference to a person who meets the requirements of regulations 5 to 12 of the Universal Credit (Transitional Provisions) Regulations 2013 .

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 the coming into force of the universal credit provisions in Part 1 of the Act

3

• (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 that is made or treated as made on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 6 relevant districts;

• (b) a claim for universal credit that is made or treated as made on or after 24th February 2014 by a person in respect of a period that begins on or after 24th February 2014, where—

• (i) the person does not reside in one of the No. 6 relevant districts on the day on which the claim is made or treated as made;

• (ii) in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

• (iii) after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information;

• (c) a claim for universal credit that is made or treated as made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 7 relevant districts; and

• (d) a claim for universal credit that is made or treated as made on or after 7th April 2014 by a person in respect of a period that begins on or after 7th April 2014, where—

• (i) the person does not reside in one of the No. 7 relevant districts on the day on which the claim is made or treated as made;

• (ii) in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

• (iii) after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

The claims referred to are—

• (a) a claim for universal credit where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 6 or No. 7 relevant districts and meets the gateway conditions; and

• (b) a claim for universal credit where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No 6 or a No. 7 relevant district ... and does not reside in such a district ... on the date on which the claim is made; and

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

• (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) Article 3(5) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of sub-paragraphs (a) and (b) of article 3(3) of the No. 9 Order.

• (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. 6 ...relevant district or a No. 7, 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

4

• (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 that is made or treated as made on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 6 relevant districts and falls within the Pathfinder Group;

• (b) a claim for universal credit that is made or treated as made by a person on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 where—

• (i) the person does not reside in one of the No. 6 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

• (ii) in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

• (iii) after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information;

• (c) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 7 relevant districts and falls within the Pathfinder Group; and

• (d) a claim for universal credit that is made or treated as made by a person on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 where—

• (i) the person does not reside in one of the No. 7 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

• (ii) in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

• (iii) after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

• (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 or treated as made.

• (4) Paragraphs (4) and (5) of article 4 of the No. 9 Order apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in paragraph (2) as they apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order.

• (5) Paragraphs (1) and (2) 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-paragraph (a) of article 4(2) of the No. 9 Order.

• (6) Article 5(3) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order.

• (7) Article 5(4) 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

5

Articles 6 and 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) and (b) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

Day appointed for the coming into force of section 139 of the Act

6

The day appointed for the coming into force of section 139 of the Act (recovery of child support maintenance by deduction from benefit) is the day following the day on which this Order is made.

SCHEDULE 1

PART 1 — The No.6 relevant districts

1

BA1 0 to BA1 7.

2

BA2 0 to BA2 6.

3

BA2 9.

4

BA3 2 and BA3 3.

5

BA3 9.

6

BS31 1.

7

BS31 3.

8

BS31 9.

9

BS39 4 and BS39 5.

10

BS39 7.

11

HG1 1 to HG1 5.

12

HG1 9.

13

HG2 0.

14

HG2 7 to HG2 9.

15

HG3 1 to HG3 4.

16

HG4 1 to HG4 3.

17

HG4 9.

18

HG5 0.

19

HG5 5.

20

HG5 8 and HG5 9.

21

LS17 0.

22

YO51 9.

PART 2 — The No. 7 relevant districts

1

CH5 1 to CH5 4.

2

CH5 9.

Signed

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

Freud — Parliamentary Under Secretary of State — 2014-02-03

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2012 c.5.

[^f00002]: 2007 c.5.

[^f00003]: 1995 c.18.

[^f00004]: S.I. 2013/983 (C. 41).

[^f00005]: S.I. 2013/386. The Regulations were amended by S.I. 2013/803 and 2070.

[^f00006]: Articles 10 to 13 of, and Schedule 4 to, the Order (Schedule 4 takes effect under article 9) were amended by S.I. 2013/1511 (C.60); article 11 of the Order was amended by article 5 of S.I. 2013/2657 (C. 107).

[^f00007]: S.I. 2013/983 was amended by S.I. 2013/1511.

[^f00008]: S.I. 2012/1246 was amended by S.I. 2012/1440 and 2530.

Editorial notes

[^c22010221]: 2012 c.5.

[^c22010231]: 2007 c.5.

[^c22010241]: 1995 c.18.

[^c22010251]: S.I. 2013/983 (C. 41).

[^c22010261]: S.I. 2013/386. The Regulations were amended by S.I. 2013/803 and 2070.

[^c22010271]: Articles 10 to 13 of, and Schedule 4 to, the Order (Schedule 4 takes effect under article 9) were amended by S.I. 2013/1511 (C.60); article 11 of the Order was amended by article 5 of S.I. 2013/2657 (C. 107).

[^c22010281]: S.I. 2013/983 was amended by S.I. 2013/1511.

[^c22010291]: S.I. 2012/1246 was amended by S.I. 2012/1440 and 2530.

[^key-b18113cf983af4da2d89ae5b601e78ae]: Art. 2 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), arts. 3, 21(1)(2)

[^key-b430f02232d4604f9c69d36d95906460]: Art. 3 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), arts. 3, 21(1)(3)

[^key-2a4515df35e36ffa6942c52633ee8acd]: Art. 4 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), arts. 3, 21(1)(4)

[^key-b281d3b5d29816c60d42bde3570d80d2]: Art. 5 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), arts. 3, 21(1)(5)

[^key-79c50bf2bf6c2cab676105de75644149]: Art. 5 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), art. 17