The Welfare Reform Act 2012 (Commencement No. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017

Made: 28th March 2017

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. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017.

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

2

• (1) With effect from 6th April 2017, 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[^f00002] is amended as follows.

• (2) In the opening words of paragraph (1) of article 5A (transitional provision where Secretary of State determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance)[^f00003], before “and where the amending provisions” insert “, or by virtue of regulation 39 of those Regulations (restriction on claims for universal credit during the interim period)[^f00004],”.

• (3) In sub-paragraph (e)(ii) of paragraph (1) of article 6[^f00005], at the end insert “, or the claim is or would be one to which regulation 39 of those Regulations (restriction on claims for universal credit during the interim period) applies”.

Amendment of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015

3

• (1) With effect from 6th April 2017, the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015[^f00006] is amended as follows.

• (2) In paragraph (11) of article 6 (transitional provision: claims for housing benefit, income support or a tax credit)[^f00007], after “regulation 4” insert “, or by virtue of regulation 39,”.

Signed

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

Damian Hinds — Minister of State — Department for Work and Pensions — 28th March 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order amends 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)), as it affects provisions of the Welfare Reform Act [2012 (c. 5)](https://www.legislation.gov.uk/ukpga/2012/5) relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”).

Regulation 39 of the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), as inserted by the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376), provides that no claim for universal credit may be made during the “interim period” (as defined in that regulation) by a person who is responsible for more than two children or qualifying young persons.

The amendments made by article 2 cause the amending provisions not to have effect where, if a person made a claim for universal credit, the claim would be one to which regulation 39 applies.Therefore, a person may instead make a claim for an income-related employment and support allowance or an income-based jobseeker’s allowance.

Article 3 of this Order amends the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ([S.I. 2015/33 (C. 4)](https://www.legislation.gov.uk/uksi/2015/33)) to enable claims for housing benefit, income support or a tax credit to be made where a person is prevented from claiming universal credit by virtue of regulation 39.

Footnotes

[^f00001]: 2012 c. 5.

[^f00002]: S.I. 2013/983 (C. 41).

[^f00003]: Article 5A was inserted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/2321 (C. 99) and 2015/634 (C. 32).

[^f00004]: S.I. 2014/1230. Regulation 39 was inserted by regulation 3 of S.I. 2017/376.

[^f00005]: Article 6 was amended, and sub-paragraph (e) inserted, by S.I. 2014/1452 (C. 56).

[^f00006]: S.I. 2015/33 (C. 4).

[^f00007]: Paragraph (11) was inserted by S.I. 2015/634 (C. 32).

[^f00008]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).