The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Type Statutory-Instrument
Publication 2017-01-25
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles 2
Reform history JSON API

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

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

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th February 2017

4

Modification of the No. 11, 22 and 24 Orders: removal of the gateway conditions from 22nd February 2017

5

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th March 2017

6

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 15th March 2017

7

Modification of the No. 22 Order: removal of the gateway conditions from 22nd March 2017

8

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 29th March 2017

9

Modification of the No. 16 Order: removal of the gateway conditions from 5th April 2017

10

Modification of the No. 22 Order: removal of the gateway conditions from 12th April 2017

11

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 19th April 2017

12

Modification of the No. 11 and 13 Orders: removal of the gateway conditions from 26th April 2017

13

Modifications in consequence of removal of the gateway conditions: the No. 11 Order

14

(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

Modifications in consequence of removal of the gateway conditions: the No. 16 Order

16

Modifications in consequence of removal of the gateway conditions: the No. 22 Order

17

Modifications in consequence of removal of the gateway conditions: the No. 24 Order

18

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—

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:

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).

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.