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The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Type Statutory-Instrument

Publication 2017-05-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 19th May 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. 29 and Commencement No. 17, 19, 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 No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014[^f00006];

“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[^f00007];

“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015[^f00008];

“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015[^f00009];

“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[^f00010];

“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[^f00011].

(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[^f00012] 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[^f00013], 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[^f00014], 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 5th July 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 5th July 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (l) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a) articles 3(2)(a) and 4(2)(a) and (b) of the No. 22 Order[^f00015], in respect of the Part 1 designated postcodes;

(b) articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order[^f00016], in respect of the Part 2 designated postcodes;

(d) articles 3(2)(g) and 4(2)(m) and (n) of the No. 22 Order, in respect of the Part 4 designated postcodes;

(e) articles 3(2)(l) and 4(2)(w) and (x) of the No. 22 Order, in respect of the Part 5 designated postcodes;

(f) articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 22 Order[^f00018], in respect of the Part 6 designated postcodes;

(g) articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order[^f00019], in respect of the Part 7 designated postcodes;

(h) articles 3(2)(f) and 4(2)(k) and (l) of the No. 24 Order[^f00020], in respect of the Part 8 designated postcodes;

(i) articles 3(2)(i) and 4(2)(q) and (r) of the No. 24 Order[^f00021], in respect of the Part 9 designated postcodes;

(j) articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order[^f00022], in respect of the Part 10 designated postcodes;

(k) articles 3(2)(aa) and 4(2)(aaa) and (bbb) of the No. 24 Order, in respect of the Part 11 designated postcodes;

(l) articles 3(2)(bb) and 4(2)(ccc) and (ddd) of the No. 24 Order[^f00023], in respect of the Part 12 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 12th July 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 12th July 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (i) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a) articles 3(2)(a) and 4(2)(a) and (b) of the No. 22 Order, in respect of the Part 13 designated postcodes;

(b) articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order[^f00024], in respect of the Part 14 designated postcodes;

(d) articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order[^f00025], in respect of the Part 16 designated postcodes;

(e) articles 3(2)(j) and 4(2)(s) and (t) of the No. 22 Order[^f00026], in respect of the Part 17 designated postcodes;

(f) articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 22 Order[^f00027], in respect of the Part 18 designated postcodes;

(g) articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 22 Order, in respect of the Part 19 designated postcodes;

(h) articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 20 designated postcodes;

(i) articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 21 designated postcodes.

Modification of the No. 17, 19, 22 and 24 Orders: removal of the gateway conditions from 19th July 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 19th July 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (j) have effect, with respect to a claimant residing in the relevant designated postcodes, 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. 17 Order, in respect of the Part 22 designated postcodes;

(b) articles 3(2)(i) and 4(2)(i) of the No. 17 Order, in respect of the Part 23 designated postcodes;

(d) articles 3(2)(b) and 4(2)(b) of the No. 19 Order, in respect of the Part 25 designated postcodes;

(e) articles 3(2)(g) and 4(2)(m) and (n) of the No. 22 Order, in respect of the Part 26 designated postcodes;

(f) articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order, in respect of the Part 27 designated postcodes;

(g) articles 3(2)(d) and 4(2)(g) and (h) of the No. 24 Order[^f00028], in respect of the Part 28 designated postcodes;

(h) articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order[^f00029], in respect of the Part 29 designated postcodes;

(i) articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order[^f00030], in respect of the Part 30 designated postcodes;

(j) articles 3(2)(q) and 4(2)(gg) and (hh) of the No. 24 Order, in respect of the Part 31 designated postcodes.

Modification of the No. 24 Order: removal of the gateway conditions from 6th September 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 6th September 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 relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a) articles 3(2)(d) and 4(2)(g) and (h) of the No. 24 Order, in respect of the Part 32 designated postcodes;

(b) articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order, in respect of the Part 33 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 13th September 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 13th September 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (e) have effect, with respect to a claimant residing in the relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a) articles 3(2)(a) and 4(2)(a) and (b) of the No. 22 Order, in respect of the Part 34 designated postcodes;

(b) articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 35 designated postcodes;

(d) articles 3(2)(o) and 4(2)(cc) and (dd) of the No. 24 Order, in respect of the Part 37 designated postcodes;

(e) articles 3(2)(aa) and 4(2)(aaa) and (bbb) of the No. 24 Order, in respect of the Part 38 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 20th September 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 20th September 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 relevant designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a) articles 3(2)(l) and 4(2)(w) and (x) of the No. 22 Order, in respect of the Part 39 designated postcodes;

(b) articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 40 designated postcodes;

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 27th September 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 27th September 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (e) have effect, with respect to a claimant residing in the relevant designated postcodes, 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 42 designated postcodes;

(b) articles 3(2)(l) and 4(2)(w) and (x) of the No. 22 Order, in respect of the Part 43 designated postcodes;

(d) articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 45 designated postcodes;

(e) articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 24 Order[^f00032], in respect of the Part 46 designated postcodes.

Modifications in consequence of removal of the gateway conditions: the No. 17 Order

10

(1) This article applies in the case of a claim in relation to which provisions of the No. 17 Order are modified under article 5(2)(a), (b) or (c).

(2) Where this article applies, the No. 17 Order has effect as though—

(a) in article 2(1) (interpretation), the definition of “gateway conditions” were omitted;

(b) in article 3(2)(b), (d), (f), (h), (j) and (l) (coming into force of the universal credit provisions and incorrect information)[^f00033]—

(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;

(i) for the text from “No. 8” to “No. 13 relevant district” there were substituted “numbered relevant district referred to in paragraph (2)”;

(ii) “or meeting the gateway conditions” were omitted in both places it occurs;

(d) in article 4(2)(b), (d), (f), (h), (j) and (l) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)[^f00035]—

(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; and

(e) for article 4(7) (claims by couples)[^f00036] there were substituted—

(7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a), (c), (e), (g), (i) and (k) 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. 19 Order

11

(1) This article applies in the case of a claim in relation to which provisions of the No. 19 Order are modified under article 5(2)(d).

(2) Where this article applies, the modifications to the No. 19 Order made by article 13(2) of the September 2016 Order have effect.

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

12

(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), (c), (d), (e) or (f);

(b) article 4(2)(a), (b), (c), (d), (e), (f) or (g);

(d) article 7(2)(a) or (b);

(e) article 8(2)(a); or

(f) article 9(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

13

(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)(g), (h), (i), (j), (k) or (l);

(b) article 4(2)(h) or (i);

(d) article 6(2);

(e) article 7(2)(c), (d) or (e);

(f) article 8(2)(b) or (c); or

(g) article 9(2)(c), (d) or (e).

(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

14

Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)[^f00037] 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-paragraphs (a), (i) and (k) of paragraph (2) of article 3 of the No. 17 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by article 5(2)(a), 5(2)(b) and 5(2)(c) of this Order;

(b) a reference to paragraph (1) and sub-paragraph (b) of paragraph (2) of article 3 of the No. 19 Order, in respect of claims in relation to which that sub-paragraph is modified by article 5(2)(d) of this Order;

(c) a reference to paragraph (1) and sub-paragraphs (e), (j), (n), (s) 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 4(2)(b), 4(2)(e), 4(2)(f), 4(2)(g) and 3(2)(f) of this Order;

(d) a reference to paragraph (1) and sub-paragraphs (a), (c), (f), (g), (h) and (l) 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 3(2)(a), 4(2)(a) and 7(2)(a), articles 3(2)(b) and 7(2)(b), articles 3(2)(c) and 9(2)(a), articles 3(2)(d), 4(2)(c) and 5(2)(e), articles 4(2)(d) and 5(2)(f), and articles 3(2)(e), 8(2)(a) and 9(2)(b) of this Order;

(e) a reference to paragraph (1) and sub-paragraphs (c), (f), (i), (o), (r) and (bb) 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 9(2)(c), 3(2)(h), 3(2)(i), 7(2)(d), 9(2)(e) and 3(2)(l) of this Order; and

(f) a reference to paragraph (1) and sub-paragraphs (a), (d), (h), (l), (p), (q) and (aa) 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)(g), 4(2)(h) and 8(2)(b), articles 5(2)(g) and 6(2)(a), articles 5(2)(h) and 7(2)(c), articles 3(2)(j), 4(2)(i) and 9(2)(d), articles 5(2)(i) and 6(2)(b), articles 5(2)(j) and 8(2)(c), and articles 3(2)(k) and 7(2)(e) of this Order.

Appointed day

15

19th June 2017 is the day appointed for the coming into force of section 46(1) (sanctions) of the Welfare Reform Act 2012 for the purpose of the substitution of section 19C (hardship payments) of the Jobseekers Act 1995.

SCHEDULE — POSTCODE DISTRICTS AND PART-DISTRICTS

PART 1

IV6.

IV7.

IV14.

IV15.

IV16.

IV17.

IV18.

IV19.

IV20.

IV23.

IV24.

IV25.

IV27.

IV28.

IV40.

IV41.

IV42.

IV43.

IV44.

IV45.

IV46.

IV47.

IV48.

IV49.

IV51.

IV52.

IV53.

IV55.

IV56.

KW1.

KW3.

KW5.

KW6.

KW7.

KW8.

KW9.

KW10.

KW11.

KW12.

KW13.

KW14.

PH30.

PH31.

PH33 6 and PH33 7.

PH34.

PH35.

PH36.

PH37.

PH38.

PH39.

PH40.

PH41.

PH42.

PH43.

PH44.

PH49.

PH50.

PART 2

S63 0.

S63 8.

S70.

S72 0.

S72 7 and S72 8.

S73 3.

S73 8 and S73 9.

PART 3

DY1.

DY2.

PART 4

B62 2.

B62 9.

B63.

DY5 2 to DY5 4.

DY6 7 to DY6 9.

DY8 1.

DY8 3 to DY8 5.

DY8 9.

DY9 7 and DY9 8.

PART 5

B36.

B37.

B46 1 and B46 2.

B90 2 to B90 4.

B90 8 and B90 9.

B91.

PART 6

CH8 7.

PART 7

DY6 6.

PA80.

PART 8

B46 3.

B62 0.

B90 1.

DY9 0.

DY9 9.

PART 9

B62 8.

B64.

B65 0.

B65 8.

PART 10

DY6 0.

DY7.

DY8 2.

S63 3.

S63 5.

S63 9.

S73 0.

S74.

PART 11

S72 9.

PART 12

PH33 9.

PART 13

BS21.

BS48.

YO1.

YO10.

YO23 1.

YO24.

YO26 0.

YO26 4 to YO26 6.

YO30 4 to YO30 7.

YO31.

YO32 2 to YO32 4.

YO32 9.

PART 14

BA12.

BA13.

BA14.

BA15.

SN8 1.

SN8 3 and SN8 4.

SN8 9.

SN9.

SN10.

SN12.

PART 15

NP4.

NP44.

PART 16

TN39 3.

TN40.

PART 17

SO50 0.

SO50 4 and SO50 5.

SO50 8.

SO53 1 and SO53 2.

PART 18

TN39 4 and TN39 5.

PART 19

SN8 2.

PART 20

SO32 1 and SO32 2.

SO50 6 and SO50 7.

SO50 9.

SO51 0 and SO51 1.

SO51 5.

SO51 7 to SO51 9.

SO52.

SO53 3 to SO53 5.

PART 21

SO51 6.

PART 22

M31.

M32.

M33 2.

M33 4 to M33 7.

M41.

WA14 1 and WA14 2.

WA14 5.

WA15 5 and WA15 6.

WA15 9.

PART 23

M17 1.

M17 8.

PART 24

CH1.

CH2.

CH3.

CH4 7 and CH4 8.

CW1.

CW2 6 to CW2 8.

CW3 0.

CW4.

CW5.

CW10.

CW11.

WA6.

WA14 3 and WA14 4.

PART 25

M33 3.

WA15 0.

WA15 7 and WA15 8.

PART 26

SS0.

SS1.

SS2 4.

SS9 0 and SS9 1.

PART 27

ST7 2.

SY14 8.

PART 28

CT9.

CT11 0.

CT11 7 to CT11 9.

PART 29

W10 5 and W10 6.

W10 9.

W11.

PART 30

CT13 0.

CT13 9.

PART 31

CM18 6.

CM19 4.

CM20 1.

CM20 3.

CM20 9.

PART 32

CT7 9.

CT8.

CT10.

CT11 1.

CT12.

PART 33

CT7 0.

CT13 3.

PART 34

YO19 4 and YO19 5.

YO26 7 to YO26 9.

YO30 1 and YO30 2.

YO32 5.

YO61.

YO90.

YO91.

PART 35

S36 6 to S36 9.

S71 1 to S71 3.

S71 5.

S75 1 to S75 3.

S75 6.

PART 36

LS24 0.

YO19 6.

YO23 2 and YO23 3.

YO23 7.

PART 37

S35 5.

S35 7.

YO41.

YO42.

PART 38

S71 4.

S75 4 and S75 5.

PART 39

SS9 2 to SS9 4.

PART 40

SS3 8.

PART 41

CM17.

CM18 7.

CM19 5.

CM20 2.

CM21 9.

SS2 5 and SS2 6.

SS3 0.

SS3 9.

SS9 5.

PART 42

DY3 2 and DY3 3.

DY5 1.

PART 43

B92.

B93 3.

B93 9.

PART 44

B93 0.

B93 8.

PART 45

DY3 4.

PART 46

DY3 1.

Signed

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

Damian Hinds — Minister of State — Department for Work and Pensions — 19th May 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. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583 (C. 61));

(b) 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 (S.I. 2014/2321 (C. 99));

(c) 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

(d) 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 9 of this Order remove the restrictions on claiming UC included 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 9 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 5th, 12th and 19th July 2017; 6th, 13th, 20th and 27th September, 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 10 to 13 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 12 and 13 to those Orders also make provision for claims by couples.

Article 14 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 9 of this Order.

Article 15 commences section 46(1) of the Act for the purpose of substituting section 19C of the Jobseekers Act 1995 (“the 1995 Act”). Section 19C provides a power to make regulations under the 1995 Act for the making of hardship payments to claimants whose award of jobseeker’s allowance is reduced under sections 19 to 19B of that Act.Section 46(1) (sanctions) substitutes sections 19 to 19C of the 1995 Act.Sections 19 to 19B were brought into force in 2012 by the Welfare Reform Act 2012 (Commencement No. 2) Order 2012 ([S.I. 2012/1246 (C. 42)](https://www.legislation.gov.uk/uksi/2012/1246)) for the purposes of making regulations and by the Welfare Reform Act 2012 (Commencement No. 4) Order 2012 ([S.I. 2012/2530 (C. 102)](https://www.legislation.gov.uk/uksi/2012/2530)) for all remaining purposes.

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. 2014/1583 (C. 61).

[^f00007]: S.I. 2014/2321 (C. 99).

[^f00008]: S.I. 2015/101 (C. 6).

[^f00009]: S.I. 2015/634 (C. 32).

[^f00010]: S.I. 2015/1537 (C. 87).

[^f00011]: S.I. 2016/963.

[^f00012]: S.I. 2013/380.

[^f00013]: Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490.

[^f00014]: 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.

[^f00015]: Articles 3(2)(a) and 4(2)(a) and (b) were modified by S.I. 2016/596 (C. 41) and 963 and 2017/584 (C. 53).

[^f00016]: Articles 3(2)(c) and 4(2)(e) and (f) were modified by S.I. 2017/57 (C. 5) and 584 (C. 53).

[^f00017]: Articles 3(2)(f) and 4(2)(k) and (l) were modified by S.I. 2016/596 (C. 41) and 963 and 2017/57 (C. 5).

[^f00018]: Articles 3(2)(t) and 4(2)(mm) and (nn) were modified by S.I. 2016/963 and 2017/57 (C. 5).

[^f00019]: Articles 3(2)(a) and 4(2)(a) and (b) were modified by S.I. 2016/596 (C. 41) and 963 and 2017/57 (C. 5) and 584 (C. 53).

[^f00020]: Articles 3(2)(f) and 4(2)(k) and (l) were modified by S.I. 2017/584 (C. 53).

[^f00021]: Articles 3(2)(i) and 4(2)(q) and (r) were modified by S.I. 2017/584 (C. 53).

[^f00022]: Articles 3(2)(l) and 4(2)(w) and (x) were modified by S.I. 2017/57 (C. 5) and 584 (C. 53).

[^f00023]: Articles 3(2)(bb) and 4(2)(ccc) and (ddd) were modified by S.I. 2016/596 (C. 41) and 2017/584 (C. 53).

[^f00024]: Articles 3(2)(e) and 4(2)(i) and (j) were modified by S.I. 2016/596 (C. 41) and 963 and 2017/57 (C. 5) and 584 (C. 53).

[^f00025]: Articles 3(2)(h) and 4(2)(o) and (p) were modified by S.I. 2016/596 (C. 41) and 963 and 2017/57 (C. 5).

[^f00026]: Articles 3(2)(j) and 4(2)(s) and (t) were modified by S.I. 2016/963 and 2017/57 (C. 5).

[^f00027]: Articles 3(2)(n) and 4(2)(aa) and (bb) were modified by S.I. 2016/963 and 2017/57 (C. 5).

[^f00028]: Articles 3(2)(d) and 4(2)(g) and (h) were modified by S.I. 2016/963.

[^f00029]: Articles 3(2)(h) and 4(2)(o) and (p) were modified by S.I. 2016/963 and 2017/57 (C. 5).

[^f00030]: Articles 3(2)(p) and 4(2)(ee) and (ff) were modified by S.I. 2016/963 and 2017/57 (C. 5) and 584 (C. 53).

[^f00031]: Articles 3(2)(c) and 4(2)(e) and (f) were modified by S.I. 2016/596 (C. 41) and 963 and 2017/57 (C. 5).

[^f00032]: Articles 3(2)(r) and 4(2)(ii) and (jj) were modified by S.I. 2016/963.

[^f00033]: Sub-paragraphs (b), (d), (f), (h), (j) and (l) were substituted by S.I. 2014/1923 (C. 88).

[^f00034]: Substituted by S.I. 2014/1923 (C. 88).

[^f00035]: Sub-paragraphs (b), (d), (f), (h), (j) and (l) were substituted by S.I. 2014/1923 (C. 88).

[^f00036]: Paragraph (7) was substituted by S.I. 2014/3067 (C. 129).

[^f00037]: 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 and 2017/57 (C. 5) and 584 (C. 53).Paragraph (2) was amended by S.I. 2017/376.

[^f00038]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).

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