The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017
Made: 25th January 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. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017.
Interpretation
2
- (1) In this Order—
- “claimant”— in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007[^f00002]; in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995[^f00003] (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based jobseeker’s allowance); in relation to universal credit, has the same meaning as in Part 1 of the Welfare Reform Act 2012[^f00004];
- “the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987[^f00005];
- “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;
- “the May 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016[^f00006];
- “the September 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016[^f00007];
- “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[^f00008];
- “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[^f00009];
- “the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013[^f00010];
- “the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014[^f00011];
- “the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015[^f00012];
- “the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015[^f00013];
- “the No. 24 Order” means 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[^f00014].
- (2) In this Order, references to “designated postcodes”, by numbered “Part”, are to any postcode district or part-district in the corresponding numbered Part of the Schedule to this Order.
- (3) 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[^f00015] apply for the purpose of deciding—
- (a) whether a claim for universal credit is made; and
- (b) the date on which the claim is made.
- (4) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (5) and (6), 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.
- (5) Subject to paragraph (6), for the purposes of this Order—
- (a) a person makes a claim for an employment and support allowance or a jobseeker’s allowance if that person 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.
- (6) Where, by virtue of—
- (a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987[^f00016], 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[^f00017], 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 (5)(a) is taken, the claim is treated as made on that earlier date.
Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 1st February 2017
3
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 1st February 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order[^f00018], in respect of the Part 1 designated postcodes;
- (b) articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order[^f00019], in respect of the Part 2 designated postcodes;
- (c) articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 22 Order[^f00020], in respect of the Part 3 designated postcodes;
- (d) articles 3(2)(b) and 4(2)(c) and (d) of the No. 24 Order, in respect of the Part 4 designated postcodes;
- (e) articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order[^f00021], in respect of the Part 5 designated postcodes;
- (f) articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order[^f00022], in respect of the Part 6 designated postcodes;
- (g) articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 7 designated postcodes;
- (h) articles 3(2)(m) and 4(2)(y) and (z) of the No. 24 Order[^f00023], in respect of the Part 8 designated postcodes.
Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th February 2017
4
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 8th February 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order[^f00024], in respect of the Part 9 designated postcodes;
- (b) articles 3(2)(j) and 4(2)(s) and (t) of the No. 24 Order[^f00025], in respect of the Part 10 designated postcodes.
Modification of the No. 11, 22 and 24 Orders: removal of the gateway conditions from 22nd February 2017
5
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 22nd February 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(a) and 4(2)(a) of the No. 11 Order[^f00026], in respect of the Part 11 designated postcodes;
- (b) articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 12 designated postcodes;
- (c) articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order[^f00027], in respect of the Part 13 designated postcodes;
- (d) articles 3(2)(j) and 4(2)(s) and (t) of the No. 22 Order[^f00028], in respect of the Part 14 designated postcodes;
- (e) articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order[^f00029], in respect of the Part 15 designated postcodes;
- (f) articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 16 designated postcodes;
- (g) articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 24 Order[^f00030], in respect of the Part 17 designated postcodes;
- (h) articles 3(2)(y) and 4(2)(ww) and (xx) of the No. 24 Order, in respect of the Part 18 designated postcodes.
Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th March 2017
6
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 8th March 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order, in respect of the Part 19 designated postcodes;
- (b) articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order[^f00031], in respect of the Part 20 designated postcodes.
Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 15th March 2017
7
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 15th March 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order, in respect of the Part 21 designated postcodes;
- (b) articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 22 Order, in respect of the Part 22 designated postcodes;
- (c) articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 24 Order, in respect of the Part 23 designated postcodes.
Modification of the No. 22 Order: removal of the gateway conditions from 22nd March 2017
8
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 22nd March 2017.
- (2) Where this article applies, articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order have effect, with respect to a claimant residing in the Part 24 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted.
Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 29th March 2017
9
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 29th March 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 25 designated postcodes;
- (b) articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 26 designated postcodes;
- (c) articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order, in respect of the Part 27 designated postcodes;
- (d) articles 3(2)(y) and 4(2)(ww) and (xx) of the No. 24 Order, in respect of the Part 28 designated postcodes.
Modification of the No. 16 Order: removal of the gateway conditions from 5th April 2017
10
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 5th April 2017.
- (2) Where this article applies, articles 3(2)(a) and 4(2)(a) of the No. 16 Order[^f00032] have effect, with respect to a claimant residing in the Part 29 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted.
Modification of the No. 22 Order: removal of the gateway conditions from 12th April 2017
11
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 12th April 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(b) and 4(2)(c) and (d) of the No. 22 Order[^f00033], in respect of the Part 30 designated postcodes;
- (b) articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 22 Order[^f00034], in respect of the Part 31 designated postcodes.
Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 19th April 2017
12
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 19th April 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order, in respect of the Part 32 designated postcodes;
- (b) articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 22 Order, in respect of the Part 33 designated postcodes;
- (c) articles 3(2)(e) and 4(2)(i) and (j) of the No. 24 Order[^f00035], in respect of the Part 34 designated postcodes.
Modification of the No. 11 and 13 Orders: removal of the gateway conditions from 26th April 2017
13
- (1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 26th April 2017.
- (2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—
- (a) articles 3(2)(a) and 4(2)(a) of the No. 11 Order, in respect of the Part 35 designated postcodes;
- (b) articles 3(2)(a) and 4(2)(a) of the No. 13 Order[^f00036], in respect of the Part 36 designated postcodes.
Modifications in consequence of removal of the gateway conditions: the No. 11 Order
14
- (1) This article applies in the case of a claim in relation to which provisions of the No. 11 Order are modified under articles 5(2)(a) or 13(2)(a).
- (2) Where this article applies, the No. 11 Order has effect as though—
- (a) in article 2(1) (interpretation), the definition of “gateway conditions” were omitted[^f00037];
- (b) in article 3(2)(b) (coming into force of the universal credit provisions and incorrect information)[^f00038]—
- (i) in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;
- (ii) in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;
- (iii) in paragraph (iii), “or meeting the gateway conditions” were omitted;
- (c) in article 3(6) (article 3A of the No. 9 Order and incorrect information)[^f00039], “or meeting the gateway conditions” were omitted in both places it occurs;
- (d) in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)[^f00040]—
- (i) in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;
- (ii) in paragraph (ii), “or meeting those conditions” and “or does not or do not meet those conditions” were omitted;
- (iii) in paragraph (iii), “or meeting the gateway conditions” were omitted; and
- (e) for article 4(7) (claims by couples) there were substituted—
(7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) 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).
Modifications in consequence of removal of the gateway conditions: the No. 13 Order
15
- (1) This article applies in the case of a claim in relation to which provisions of the No. 13 Order are modified under article 13(2)(b).
- (2) Where this article applies, the modifications to the No. 13 Order made by article 6(2) of the May 2016 Order have effect.
Modifications in consequence of removal of the gateway conditions: the No. 16 Order
16
- (1) This article applies in the case of a claim in relation to which provisions of the No. 16 Order are modified under article 10(2).
- (2) Where this article applies, the modifications to the No. 16 Order made by paragraph (2) of article 8 of the May 2016 Order have effect, apart from the modification made by sub-paragraph (c)(i) of that paragraph.
Modifications in consequence of removal of the gateway conditions: the No. 22 Order
17
- (1) This article applies in the case of a claim in relation to which provisions of the No. 22 Order are modified under—
- (a) article 3(2)(a), (b) or (c);
- (b) article 4(2)(a);
- (c) article 5(2)(b), (c) or (d);
- (d) article 6(2)(a);
- (e) article 7(2)(a) or (b);
- (f) article 8(2);
- (g) article 9(2)(a);
- (h) article 11(2)(a) or (b); or
- (i) article 12(2)(a) or (b).
- (2) Where this article applies, the modifications to the No. 22 Order made by article 14(2) of the September 2016 Order have effect.
Modifications in consequence of removal of the gateway conditions: the No. 24 Order
18
- (1) This article applies in the case of a claim in relation to which provisions of the No. 24 Order are modified under—
- (a) article 3(2)(d), (e), (f), (g) or (h);
- (b) article 4(2)(b);
- (c) article 5(2)(e), (f), (g) or (h);
- (d) article 6(2)(b);
- (e) article 7(2)(c);
- (f) article 9(2)(b), (c) or (d); or
- (g) article 12(2)(c).
- (2) Where this article applies, the modifications to the No. 24 Order made by article 15(2) of the September 2016 Order have effect.
Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit
19
Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)[^f00041] applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that Order included—
- (a) a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 11 Order, in respect of claims in relation to which sub-paragraph (a) is modified by articles 5(2)(a) and 13(2)(a) of this Order;
- (b) a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 13 Order, in respect of claims in relation to which sub-paragraph (a) is modified by article 13(2)(b) of this Order;
- (c) a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 16 Order, in respect of claims in relation to which sub-paragraph (a) is modified by article 10(2) of this Order;
- (d) a reference to paragraph (1) and sub-paragraphs (b), (e), (j), (n), (p), (r) and (t) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 11(2)(a), 5(2)(c), 5(2)(d), 3(2)(c), 7(2)(b), 12(2)(b) and 11(2)(b) of this Order;
- (e) a reference to paragraph (1) and sub-paragraphs (c), (f), (h) and (i) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(b) and 9(2)(a), articles 3(2)(a) and 6(2)(a), articles 3(2)(b) and 12(2)(a) and articles 4(2)(a), 7(2)(a) and 8(2) of this Order;
- (f) a reference to paragraph (1) and sub-paragraphs (b), (c), (e), (j), (m), (p), (s) and (t) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 3(2)(d), 3(2)(e), 12(2)(c), 4(2)(b), 3(2)(h), 6(2)(b), 5(2)(g) and 7(2)(c) of this Order; and
- (g) a reference to paragraph (1) and sub-paragraphs (a), (h), (l) and (y) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(e) and 9(2)(b), articles 3(2)(f) and 9(2)(c), articles 3(2)(g) and 5(2)(f) and articles 5(2)(h) and 9(2)(d) of this Order.
SCHEDULE — POSTCODE DISTRICTS AND PART-DISTRICTS
PART 1
LE16 7.
LE16 9.
NN17 1 and NN17 2.
NN17 4.
NN18 0.
NN18 9.
PART 2
SN6 8.
PART 3
NN18 8.
PART 4
NN6 9.
PART 5
LE16 8.
NN17 3.
NN17 5.
PART 6
SW7 5.
PART 7
TS25 5.
PART 8
PE8 4 and PE8 5.
PART 9
NE6 1 and NE6 2.
NE6 5.
PART 10
NE6 3.
NE7.
PART 11
WA1.
WA2.
WA3 4 to WA3 7.
WA4.
WA5.
WA13 0.
WA13 9.
PART 12
E3 4 and E3 5.
E3 9.
E14.
PART 13
SO14.
SO15.
SO16 2.
SO16 4 to SO16 6.
SO17.
SO18 1.
SO18 4.
SO18 6.
SO18 9.
SO19 1 and SO19 2.
SO19 4 and SO19 5.
SO19 7 to SO19 9.
PART 14
SO18 2 and SO18 3.
SO18 5.
SO19 0.
SO19 6.
SO30 0.
SO30 3 and SO30 4.
SO30 9.
PART 15
SO16 0.
SO16 3.
SO16 7 to SO16 9.
SO30 2.
PART 16
SO40 0.
SO40 2 and SO40 3.
SO40 8.
SO43.
PART 17
E3 2 and E3 3.
PART 18
SO31 4 and SO31 5.
SO31 8.
PART 19
CV13 0.
LE9 8.
LE10.
PART 20
LE9 4.
LE9 7.
PART 21
NE4.
NE5 1 and NE5 2
NE5 5.
NE5 9.
NE15 6 and NE15 7.
PART 22
NE15 8 and NE15 9.
PART 23
NE15 0.
PART 24
EH18.
EH19.
EH20.
EH22.
EH23.
EH24.
EH25.
EH26.
EH37.
PART 25
E1 0 to E1 5.
E1 7 and E1 8.
EC2N 2.
EC2V 8.
EC2Y 5.
EC3A 1.
EC3A 4 and EC3A 5.
EC3M 2 and EC3M 3.
EC3M 8.
EC3N 4.
EC3R 6.
EC3V 0 and EC3V 1.
EC3V 4.
EC4M 5 and EC4M 6.
EC4M 9.
EC4R 2.
EC4V 2.
PART 26
E1W.
PART 27
EC2A 1.
EC2M 3 to EC2M 7.
EC2N 1.
EC2N 3 and EC2N 4.
EC2R.
EC2V 5 to EC2V 7.
EC2Y 8 and EC2Y 9.
EC3A 2 and EC3A 3.
EC3A 6 to EC3A 8.
EC3M 1.
EC3M 4 to EC3M 7.
EC3N 1 to EC3N 3.
EC3R 5.
EC3R 7 and EC3R 8.
EC3V 3.
EC3V 9.
EC4A.
EC4M 7 and EC4M 8.
EC4N.
EC4R 0 and EC4R 1.
EC4R 3.
EC4R 9.
EC4V 3 to EC4V 6.
EC4Y.
PART 28
E1 6.
EC2A 2 to EC2A 4.
EC2M 1 and EC2M 2.
PART 29
CH5 1 to CH5 4.
CH5 9.
PART 30
CH6.
CH7 1 to CH7 3.
CH7 6.
CH7 9.
PART 31
CH7 4.
CH8 8.
PART 32
BA9.
BA10.
BA20.
BA21 3 and BA21 4.
BA22 7 and BA22 8.
TA10 9.
TA11 .
TA12.
TA13.
TA14.
TA15.
TA16.
TA17.
TA18 7.
TA18 9.
PART 33
BA7.
BA8.
SP7 0.
SP7 7 to SP7 9.
SP8 4 and SP8 5.
SP8 9.
PART 34
BA21 5.
BA22 9.
DT9.
TA18 8.
PART 35
M35 0.
M35 9.
OL1 1 to OL1 4.
OL1 9.
OL2 5 to OL2 8.
OL3 5 to OL3 7.
OL4 1 to OL4 5.
OL8.
OL9.
PART 36
M35 5.
Signed
Signed by authority of the Secretary of State for Work and Pensions
Damian Hinds — Minister of State, — Department for Work and Pensions — 25th January 2017
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order modifies a series of prior Orders (the “prior commencement Orders”, defined below) bringing into force provisions of the Welfare Reform Act 2012 (c. 5) (“the Act”) relating to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance.Those prior commencement Orders are:
- (a) 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 (S.I. 2013/1511 (C. 60));
- (b) the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657 (C. 107));
- (c) the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209 (C. 7));
- (d) 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”)); and
- (e) 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”)).
Articles 3 and 4 of each of the prior commencement Orders brought into force respectively 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) (“the No. 9 Order”)), and provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”).
The modifications to the provisions of articles 3(2) and 4(2) of the prior commencement Orders by paragraph (2) of articles 3 to 13 of this Order remove the restrictions on claiming UC applied in the prior commencement Orders (“the gateway conditions”, set out in Schedule 5 to the No. 9 Order) so that they do not apply to the specified provisions of articles 3(2) and 4(2) of the prior commencement Orders for the coming into force of the UC provisions and the amending provisions in the postcode districts and part-districts specified.
Articles 3 to 13 of this Order apply where claims are made (as the case may be) for universal credit, an employment and support allowance or a jobseeker’s allowance on or after: 1st, 8th and 22nd February 2017; 8th, 15th, 22nd and 29th March 2017; 5th, 12th, 19th and 26th April 2017, respectively; and by reference to residence in one of the designated postcodes in the corresponding Part of the Schedule to this Order.Seearticle 2(2) for the definition of these postcodes.
Articles 14 to 18 of this Order make consequential modifications to a number of similar provisions in each of the prior commencement Orders to remove references to meeting the gateway conditions.By virtue of the gateway conditions no longer applying, claims by couples will become possible for the first time in certain of the designated postcodes, those for which the UC provisions were commenced under the No. 22 Order and the No. 24 Order for single UC claimants only.The consequential modifications by articles 17 and 18 to those Orders also make provision for claims by couples.
Article 19 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 by virtue of any of the sub-paragraphs of article 3(2) of the prior commencement Orders modified by paragraph (2) of articles 3 to 13 of this Order.
Footnotes
[^f00001]: 2012 c. 5.
[^f00002]: 2007 c. 5.
[^f00003]: 1995 c. 18.
[^f00004]: See section 40.
[^f00005]: S.I. 1987/1968.
[^f00006]: S.I. 2016/596 (C. 41).
[^f00007]: S.I. 2016/963.
[^f00008]: S.I. 2013/983 (C. 41).
[^f00009]: S.I. 2013/1511 (C. 60).
[^f00010]: S.I. 2013/2657 (C. 107).
[^f00011]: S.I. 2014/209 (C. 7).
[^f00012]: S.I. 2015/101 (C. 6).
[^f00013]: S.I. 2015/634 (C. 32).
[^f00014]: S.I. 2015/1537 (C. 87).
[^f00015]: S.I. 2013/380.
[^f00016]: Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490.
[^f00017]: 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, 2000/1982 and 2009/1490.
[^f00018]: Articles 3(2)(f) and 4(2)(k) and (l) were modified by S.I. 2016/596 (C. 41) and 963.
[^f00019]: Articles 3(2)(h) and 4(2)(o) and (p) were modified by S.I. 2016/596 (C. 41) and 963.
[^f00020]: Articles 3(2)(n) and 4(2)(aa) and (bb) were modified by S.I. 2016/ 963.
[^f00021]: Articles 3(2)(c) and 4(2)(e) and (f) were modified by S.I. 2016/596 (C. 41) and 963.
[^f00022]: Articles 3(2)(h) and 4(2)(o) and (p) were modified by S.I. 2016/963.
[^f00023]: Articles 3(2)(m) and 4(2)(y) and (z) were modified by S.I. 2016/963.
[^f00024]: Articles 3(2)(i) and 4(2)(q) and (r) were modified by S.I. 2016/33 (C. 3), 407 (C. 20) and 596 (C. 41).
[^f00025]: Articles 3(2)(j) and 4(2)(s) and (t) were modified by S.I. 2016/963.
[^f00026]: Articles 3(2) and 4 were substituted by S.I. 2014/1452 (C. 56) so as to include reference to meeting the gateway conditions; article 4(2)(a) was amended by S.I. 2014/1923 (C. 88).
[^f00027]: Articles 3(2)(e) and 4(2)(i) and (j) were modified by S.I. 2016/596 (C. 41) and 963.
[^f00028]: Articles 3(2)(j) and 4(2)(s) and (t) were modified by S.I. 2016/963.
[^f00029]: Articles 3(2)(a) and 4(2)(a) and (b) were modified by S.I. 2016/596 (C. 41) and 963 .
[^f00030]: Articles 3(2)(s) and 4(2)(kk) and (ll) were modified by S.I. 2016/963.
[^f00031]: Articles 3(2)(p) and 4(2)(ee) and (ff) were modified by S.I. 2016/963.
[^f00032]: Articles 3(2) and 4 were substituted by S.I. 2014/1452 (C. 56) so as to include reference to meeting the gateway conditions; article 4(2)(a) was amended by S.I. 2014/1923 (C. 88).Articles 3(2)(a) and 4(2)(a) were modified by S.I. 2016/596 (C. 41).
[^f00033]: Articles 3(2)(b) and 4(2)(c) and (d) were modified by S.I. 2016/963.
[^f00034]: Articles 3(2)(t) and 4(2)(mm) and (nn) were modified by S.I. 2016/33 (C. 3) and 963.
[^f00035]: Articles 3(2)(e) and 4(2)(i) and (j) were modified by S.I. 2016/963.
[^f00036]: Articles 3(2) and 4 were substituted by S.I. 2014/1452 (C. 56) so as to include reference to meeting the gateway conditions; article 4(2)(a) was amended by S.I. 2014/1923 (C. 88).Articles 3(2)(a) and 4(2)(a) were modified by S.I. 2016/596 (C. 41).
[^f00037]: The definition of gateway conditions was inserted by S.I. 2014/1452 (C. 56), amended by S.I. 2014/1661 (C. 69) and substituted by S.I. 2014/3067 (C. 129) and 2015/32 (C. 3).
[^f00038]: Sub-paragraph (b) was substituted by S.I. 2014/1923 (C. 88).
[^f00039]: Inserted by S.I. 2014/1452 (C. 56) and substituted by S.I. 2014/1923 (C. 88).
[^f00040]: Sub-paragraph (b) was substituted by S.I. 2014/1923 (C. 88).
[^f00041]: 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), 2016/33 (C. 3), 407 (C. 20), 596 (C. 41) and 963.
[^f00042]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).
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