The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015

Made: 10th March 2015

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 2012 :

Citation

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This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015.

Interpretation

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• (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) of the No. 9 Order as applied by article 4(7) of this Order ;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) of this Order;in relation to universal credit, has the same meaning as in Part 1 of the Act ;

• “the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987 ;

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

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

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

• “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 ;

• “the No. 11 Order” means 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 ;

• “the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 ;

• “the No. 14 Order” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 ;

• “the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 ;

• “the No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 ;

• “the No. 19 Order” means the Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 ;

• “the No. 21 Order” means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ;

• “the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 ;

• “the No. 50 relevant districts” means the postcode part-districts SM6 7 and SM6 8;

• “the No. 51 relevant districts” means the postcode part-districts CR0 4 and SM6 9;

• “the No. 52 relevant districts” means the postcode part-districts CR0 2 and SE1 5;

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

• (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) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (4) and (5), for the purposes of deciding—

• (a) whether a claim for an employment and support allowance or a jobseeker's allowance is made; and

• (b) the date on which the claim is made or treated as made.

• (4) Subject to paragraph (5), for the purposes of this Order—

• (a) a person makes a claim for an employment and support allowance or a jobseeker's allowance if he or she takes any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and

• (b) it is irrelevant that the effect of any provision of those Regulations is that, for the purposes of those Regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken.

• (5) Where, by virtue of—

• (a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987 , in the case of a claim for an employment and support allowance; or

• (b) regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations , in the case of a claim for a jobseeker's allowance,

a claim for an employment and support allowance or a jobseeker's allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (4)(a) is taken, the claim is treated as made on that earlier date.

Day appointed for the coming into force of the universal credit provisions

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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 that is made on or after 18th March 2015 in respect of a period that begins on or after 18th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 50 relevant districts;

• (b) a claim for universal credit that is made on or after 10th June 2015 in respect of a period that begins on or after 10th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 51 relevant districts;

• (c) a claim for universal credit that is made on or after 4th November 2015 in respect of a period that begins on or after 4th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 52 relevant districts;

• (d) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (c), in respect of a period that begins on or after that date where—

• (i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question 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 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) 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.

• (5) 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 or give incorrect information regarding his or her (or their) residing in one of the No. 50, No. 51 or No. 52 relevant districts, as it applies in connection with the giving of incorrect information regarding a claimant residing in one of the relevant districts (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 that is made on or after 18th March 2015 in respect of a period that begins on or after 18th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 50 relevant districts;

• (b) a claim for universal credit that is made on or after 10th June 2015 in respect of a period that begins on or after 10th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 51 relevant districts;

• (c) a claim for universal credit that is made on or after 4th November 2015 in respect of a period that begins on or after 4th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 52 relevant districts;

• (d) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (c), in respect of a period that begins on or after that date where—

• (i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question 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 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;

• (e) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 18th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 50 relevant districts;

• (f) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 10th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 51 relevant districts;

• (g) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 4th November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 52 relevant districts;

• (h) a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraphs (e) to (g) 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 any of sub-paragraphs (a) to (d).

• (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)(h), “relevant period” means, in relation to a claim for universal credit within any of sub-paragraphs (a) to (d) of paragraph (2), 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 within any of sub-paragraphs (a) to (c) of paragraph (2), or within sub-paragraph (d)(i) or (ii) of that paragraph, 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), (7), (9) and (10) of article 4 of the No. 9 Order apply in relation to 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 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 sub-paragraphs (e) to (g) of paragraph (2) 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) 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.

Transitory provision – application of the “specified condition” for a period

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• (1) Paragraphs (2) to (4) apply in relation to a case where a claim for universal credit, an employment and support allowance or a jobseeker's allowance is made on or after 18th March 2015 and before 10th June 2015.

• (2) Where this paragraph applies, article 2(1) of this Order applies as if, after the definition of “single claimant” there were inserted—

• ;
• “specified condition” means the condition that a claimant is a British citizen who—
• has resided in the United Kingdom throughout the period of two years ending with the date on which the claim for universal credit is made; and
• has not, during that period, left the United Kingdom for a continuous period of four weeks or more.

• (3) Where this paragraph applies, article 3 of this Order applies as if it were amended as follows—

• (a) in sub-paragraph (a) of paragraph (2), after “relevant districts” insert “ and meets the specified condition ”;

• (b) in sub-paragraph (d)(i) of paragraph (2)—

• (i) after “in question” insert “ or meeting the specified condition ”; and

• (ii) after “in such a district” insert “ or does not meet that condition ”;

• (c) in sub-paragraph (d)(ii) of paragraph (2)—

• (i) after “residing in such a district” insert “ or meeting the specified condition ”; and

• (ii) after “reside in such a district” insert “ or does not or do not meet that condition ”;

• (d) in the closing words of sub-paragraph (d) of paragraph (2), after “regarding residence” insert “ or meeting the specified condition as the case may be ”;

• (e) in paragraph (5)—

• (i) after “No. 52 relevant districts” insert “ or meeting the specified condition ”; and

• (ii) after “the No. 9 Order)” insert “ or meeting the gateway conditions (as defined in the No. 9 Order) ”.

• (4) Where this paragraph applies, article 4 of this Order applies as if it were amended as follows—

• (a) in sub-paragraphs (a) and (e) of paragraph (2), after “relevant districts” insert “ and meets the specified condition ”;

• (b) in sub-paragraph (d)(i) of paragraph (2)—

• (i) after “in question” insert “ or meeting the specified condition ”; and

• (ii) after “in such a district” insert “ or does not meet that condition ”;

• (c) in sub-paragraph (d)(ii) of paragraph (2)—

• (i) after “residing in a such a district” insert “ or meeting the specified condition ”; and

• (ii) after “reside in such a district” insert “ or does not or do not meet that condition ”;

• (d) in the closing words of sub-paragraph (d) of paragraph (2), after “regarding residence” insert “ or meeting the specified condition ”.

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-paragraph (a), (b) or (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

Transitional provision: claims for housing benefit, income support or a tax credit

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Amendment of 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

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• (1) Paragraphs (2) and (3) apply in relation to a case where a claim for universal credit is made on or after 18th March 2015.

• (2) Where this paragraph applies, in article 3A(3) of the No. 9 Order, at the end insert “ (and a determination had not been made under regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014, preventing a claim for universal credit being made with respect to the area in question or the category of case in question) ”.