The Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016

Type Statutory-Instrument
Publication 2016-03-21
Last updated 2020-08-04
State In force
Department Queen's Printer of Acts of Parliament
PDF Download
articles 5
Reform history JSON API

Made: 21st March 2016

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[^f00001]:

Citation

1

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016.

Interpretation

2

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

3

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.

4

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;

Application of the No. 9 Order

5

Articles 9 to 22 of the No. 9 Order[^f00022] 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.

Modification of the No. 22 Order: removal of the gateway conditions

6

  • “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;

(v) a claim for universal credit that is made on or after the date referred to in sub-paragraph (i), 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 that sub-paragraph 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.

(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. 37 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).

(qq) a claim for universal credit that is made on or after the date referred to in sub-paragraph (q), 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 that sub-paragraph 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;

; and

(7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of sub-paragraph (r) 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).

Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit

7

Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)[^f00024] applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that Order included—

Modification of the No. 24 Order

8

SCHEDULE — POSTCODE DISTRICTS AND PART-DISTRICTS

PART 1

CR0 0.

CR0 5 to CR0 9.

CR9.

SE1 7 to SE1 9.

SE16 2.

SE16 4 to SE16 7.

SE25 4.

SE25 5.

TW14 8.

PART 2

CR2.

CR3 0.

CR3 5.

CR5.

CR6.

CR7.

CR8.

NR13 3.

NR29.

NR30.

NR31.

SE25 6.

PART 3

EH21.

EH31.

EH32.

EH33.

EH34.

EH35.

EH36.

EH39.

EH40.

EH41.

EH42.

Signed

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

Freud — Minister of State, — Department for Work and Pensions — 2016-03-21

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force provisions of the Welfare Reform Act 2012 (c. 5) (“the Act”) that relate to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance, in relation to the cases set out in articles 3 and 4.

Article 3 brings into force provisions relating to UC in Part 1 of the Act (“the UC provisions”), as set out in Schedule 2 to 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 ([S.I. 2013/983 (C. 41)](https://www.legislation.gov.uk/uksi/2013/983) (“the No. 9 Order”)), in relation to the different cases as set out below.

Under article 3(1) and (2)(a), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 23rd March 2016 with respect to a period that begins on or after 23rd March 2016 and, on the date on which the claim is made, the claimant resides in one of the Part 1 designated postcodes.Sub-paragraph (b) of article 3(2) makes the same provision for claims made on or after 27th April 2016 where the claimant resides in one of the Part 2 designated postcodes.Seearticle 2(1) for the definition of those postcodes.

Under article 3(1) and (2)(c), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after the dates referred to in article 3(2)(a) and (b) in respect of a period that begins on or after those dates and provides incorrect information regarding the claimant residing in the postcode in question but this is only discovered once payments of UC have been made.

Under article 3(3), the day appointed for the coming into force of the UC provisions in the above cases is the first day of the period in respect of which the claim is made.

Paragraphs (4) and (5) of article 3 apply the provisions of article 3(6) (period for which a claim for UC is made) and article 3A (incorrect information regarding entitlement to claim UC) of the No. 9 Order respectively to the cases in article 3(2) of this Order.

Article 4 brings into force provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”), in relation to the different cases as set out below.

Below, “old style ESA” means employment and support allowance under Part 1 of the Welfare Reform Act 2007 (c. 5), as that Part has effect apart from the amending provisions, and “old style JSA” means jobseeker’s allowance under the Jobseekers Act 1995 (c. 18), as that Act has effect apart from the amending provisions.

Under article 4(1) and (2)(a), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 23rd March 2016 with respect to a period that begins on or after 23rd March 2016 and, on the date on which the claim is made, the claimant resides in one of the Part 1 designated postcodes.Sub-paragraph (b) of article 4(2) makes the same provision for claims made on or after 27th April 2016 where the claimant resides in one of the Part 2 designated postcodes.

Under article 4(1) and (2)(c), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after the dates referred to in article 4(2)(a) and (b) in respect of a period that begins on or after those dates and provides incorrect information regarding the claimant residing in the postcode in question, but this is only discovered once payments of UC have been made.

Under article 4(1) and sub-paragraphs (d) and (e) of paragraph (2), the amending provisions come into force in relation to a claim for an employment and support allowance (“ESA”) or a jobseeker’s allowance (“JSA”), and any award that is made in respect of the claim, where the claim is made on or after the dates referred to in either of those sub-paragraphs and, on the date on which the claim is made, the claimant resides in one of the postcodes specified in that sub-paragraph.

Under article 4(1) and (2)(f), the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim is not a claim for ESA or JSA as referred to in article 4(2)(d) and (e) and where the claim is made during the “relevant period” (mainly the period when a claim for UC is being considered or an award of UC is extant).

Under article 4(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made.

Paragraphs (6) to (8) of article 4 apply the provisions of article 4(6), (7), (9) and (10) (matters included in the reference to the case of a claim for UC) and article 5(1A), (1B) (claim for ESA or JSA by a member of a couple) and (8) (the period for which a claim for ESA, JSA or UC is made) of the No. 9 Order to the cases in article 4(2).

Article 5 provides that 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 article 4(2)(a), (b) or (g) of the No. 9 Order, and any award made in respect of the claim.

In relation to claims made on or after 23rd March 2016, paragraphs (1) and (2) of article 6 modify the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101 (C. 6) (“the No. 22 Order”)) so that the restrictions on claiming UC applied in that Order (“the gateway conditions”) do not apply to the provisions of article 3(2) and 4(2) of that Order for the coming into force of the UC provisions and the amending provisions where claims are made (as the case may be) for universal credit, an employment and support allowance or a jobseeker’s allowance by reference to residence in the Part 3 designated postcodes.Paragraph (3) makes consequential modifications to a number of provisions of the No. 22 Order to allow for claims by couples, which will become possible by virtue of the gateway conditions no longer applying.

Article 7 modifies article 7 of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 ([S.I. 2015/634 (C. 32)](https://www.legislation.gov.uk/uksi/2015/634)) such that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for UC on that date, the UC provisions would come into force in relation to the claim by virtue of article 3(1) and (2)(a) and (b) of this Order, or by virtue of paragraphs (1) and (2)(i) of article 3 of the No. 22 Order in respect of claims for UC in relation to which paragraph (2)(i) is modified by article 6(2) of this Order.

Paragraphs (1) and (2) of article 8 ensure that the provisions of articles 3(2)(bb) and 4(2)(ccc) and (ddd) of the Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/1537 (C. 87) (“the No. 24 Order”)) for the coming into force of the UC provisions and the amending provisions do not apply in relation to a claim to which articles 3(2)(a) and 4(2)(a) (in relation to claims for UC) or sub-paragraph (d) of article 4(2) (in relation to claims for ESA or JSA) applies.Those provisions of the No. 24 Order were due to take effect on 25th April 2016 for a claimant residing in one of the Part 1 designated postcodes, as being part of “the No. 80 relevant districts” set out in “the Index of Relevant Districts” published on 20th July 2015 (each as defined in the No. 24 Order), subject to the gateway conditions.However they are now superseded by the equivalent provisions of this Order, which take effect from 23rd March 2016 with no gateway conditions attached.

Footnotes

[^f00001]: 2012 c. 5.

[^f00002]: Article 4 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C. 88).

[^f00003]: 2007 c. 5.

[^f00004]: Article 5(1A) was inserted by S.I. 2014/3067 (C. 129).

[^f00005]: 1995 c. 18.

[^f00006]: See section 40.

[^f00007]: S.I. 1987/1968.

[^f00008]: See section 40.

[^f00009]: S.I. 2013/983 (C. 41).

[^f00010]: S.I. 2015/101 (C. 6).

[^f00011]: S.I. 2015/634 (C. 32).

[^f00012]: S.I. 2015/1537 (C. 87).

[^f00013]: See section 40.

[^f00014]: S.I. 2013/380.

[^f00015]: Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490.

[^f00016]: Paragraphs (4ZA) to (4ZD) were inserted by S.I. 2000/1982 and paragraph (4ZC) was amended by S.I. 2009/1490.Paragraph (4A) was inserted by S.I. 1996/1460, substituted by S.I. 1997/793 and amended by S.I. 1999/3108, S.I. 2000/1982 and S.I. 2009/1490.

[^f00017]: Article 3A was substituted by S.I. 2014/1923 (C. 88) and amended by S.I. 2015/634 (C. 32).

[^f00018]: 1998 c. 14.

[^f00019]: See section 3 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) as to the meaning of “First-tier Tribunal” and “Upper Tribunal”.

[^f00020]: Paragraphs (9) and (10) of article 4 were inserted by S.I. 2015/32 (C. 3) as amended by S.I. 2015/101 (C. 6).

[^f00021]: Article 5 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C. 88); paragraphs (1) to (1B) of article 5 were inserted by S.I. 2014/3067 (C. 129).

[^f00022]: Articles 10 to 13 of, and Schedule 4 to, the No. 9 Order (Schedule 4 takes effect under article 9) were amended by S.I. 2013/1511 (C. 60); article 11 of the No. 9 Order was amended by S.I. 2013/2657 (C. 107); articles 9, 11, 13, 15, 18 and 22 of the No. 9 Order were amended by S.I. 2014/1452 (C. 56); articles 10, 11, 12 and 13 were amended by S.I. 2014/3067 (C. 129).

[^f00023]: Articles 3(2)(i) and 4(2)(q) and (r) were modified by S.I. 2016/33 (C. 3).

[^f00024]: Paragraphs (1) and (10)(b) of article 7 were amended by S.I. 2015/740 (C. 39); paragraph (1) was modified by S.I. 2015/1930 (C. 118) and S.I. 2016/33 (C. 3).

[^f00025]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).

Editorial notes

[^key-14d14ab63880a9cfd5a66c5a15f31e99]: Art. 4 modified (22.7.2020) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(3), 5(1) (with reg. 5(2)) (as amended: (4.8.2020) by S.I. 2020/826, regs. 1, 2(2))

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.