The Welfare Reform Act 2012 (Commencement No. 9, 21 and 23 (Amendment), Commencement No. 11, 13, 17, 19, 22, 23 and 24 (Modification), Transitional and Transitory Provisions) Order 2018

Type Statutory-Instrument
Publication 2018-02-02
State In force
Department King's Printer of Acts of Parliament
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Made: 2nd February 2018

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, 21 and 23 (Amendment), Commencement No. 11, 13, 17, 19, 22, 23 and 24 (Modification), Transitional and Transitory Provisions) Order 2018.

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.

Amendment of the No. 9 Order: removal of the gateway conditions

3

(2) The condition referred to is that, on the date on which the claim was made, the claimant did not reside in one of the relevant districts (unless paragraph (3) applies).

(a) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance where, on the date on which the claim is made or treated as made, the claimant resides in one of the relevant districts;

Modification of the No. 11 Order, the No. 13 Order, the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order: removal of the gateway conditions

4

The provisions specified in the first column of the table in the Schedule have effect as though the reference in those provisions to meeting the gateway conditions were omitted, in respect 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, by reference to the claimant’s residence in any postcode district or part-district specified in the corresponding entry in the second column, on or after the date specified in the corresponding entry in the third column.

Modifications of the No. 11 Order, the No. 13 Order, the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order in consequence of removal of the gateway conditions

5

Amendment of the No. 21 Order and the No. 23 Order: claims for housing benefit in respect of temporary accommodation

6

; (k) “temporary accommodation” means accommodation which falls within Case 1 or Case 2 under paragraph 3B of Schedule 1 to the Universal Credit Regulations[^f00033]

; (l) “temporary accommodation” means accommodation which falls within Case 1 or Case 2 under paragraph 3B of Schedule 1 to the Universal Credit Regulations

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

7

SCHEDULE — POSTCODE DISTRICTS AND PART-DISTRICTS WHERE GATEWAY CONDITIONS REMOVED

Provisions modified Postcodes Postcodes Postcodes Date
Articles 3(2)(b) and 4(2)(c) and (d) of the No. 24 Order[^f00035] LE67. LE94. 7th February 2018
Articles 3(2)(d) and 4(2)(g) and (h) of the No. 24 Order[^f00036] KA6 5. KA9. KA26. KA7. KA10. KA8. KA19 8. 7th February 2018
Articles 3(2)(f) and 4(2)(k) and (l) of the No. 24 Order[^f00037] DE12 7. LE65. 7th February 2018
Articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 24 Order[^f00038] KA6 6 and KA6 7. KA19 7. 7th February 2018
Articles 3(2)(d) and 4(2)(d) of the No. 19 Order[^f00039] BB5. 14th February 2018
Articles 3(2)(k) and 4(2)(k) of the No. 19 Order[^f00040] BB1. BB6 7 and BB6 8. BB2. BB3. 14th February 2018
Articles 3(2)(g) and 4(2)(m) and (n) of the No. 22 Order[^f00041] B6. B13. B21 0 and B21 1. B29. B7. B17. B21 9. B35. B12. B19 1. B24. 14th February 2018
Articles 3(2)(l) and 4(2)(w) and (x) of the No. 22 Order[^f00042] B27.
--- --- --- --- ---
Articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 24 Order[^f00043] WV5 0. WV6. WV11 1 to WV11 3. WV5 5. WV10 0. WV5 5. WV10 0. WV5 8 and WV5 9. WV10 6 to WV10 8.
Articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 22 Order[^f00044] GL1. GL2 8 and GL2 9. GL18. GL2 0. GL3. GL2 0. GL3. GL2 2 to GL2 5. GL4.
Articles 3(2)(f) and 4(2)(k) and (l) of the No. 24 Order GL19.
Articles 3(2)(k) and 4(2)(u) and (v) of the No. 24 Order[^f00045] CF3. CF11 0. CF14. CF23. CF5 1 to CF5 4. CF11 6. CF15 5. CF24. CF5 1 to CF5 4. CF11 6. CF15 5. CF24. CF10. CF11 9. CF15 8.
Articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 24 Order SE5 9. SW2 5. SW9 7 and SW9 8. SW11 3 to SW11 6. SE24. SW2 9. SW8 3. SE24. SW2 9. SW8 3. SW2 1 and SW2 2. SW4. SW11 1.
Articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 24 Order[^f00046] CF5 5 and CF5 6. CF11 7 and CF11 8. CF11 7 and CF11 8.
Articles 3(2)(x) and 4(2)(uu) and (vv) of the No. 24 Order[^f00047] CF15 7. CF15 9. CF15 9.
Articles 3(2)(cc) and 4(2)(eee) and (fff) of the No. 24 Order SW11 7 and SW11 8. SW11 7 and SW11 8.
Articles 3(2)(a) and 4(2)(a) of the No. 17 Order[^f00048] M34. SK14 4. SK15. OL5. SK14 6. OL5. SK14 6. SK14 1 and SK14 2. SK14 9.
Articles 3(2)(j) and 4(2)(j) of the No. 19 Order[^f00049] SK14 3. SK14 5. SK14 5.
Articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order[^f00050] SK14 8
Articles 3(2)(k) and 4(2)(u) and (v) of the No. 24 Order LN1. LN4 1 and LN4 2. LN8 2 and LN8 3. LN9. LN2. LN5. LN8 5. LN10 5. LN2. LN5. LN8 5. LN10 5. LN3. LN6. LN8 9.
Articles 3(2)(m) and 4(2)(y) and (z) of the No. 22 Order[^f00051] EH51. FK1 9. FK4. FK1 1. FK2. FK5. FK1 1. FK2. FK5. FK1 3 to FK1 5. FK3. FK6.
Articles 3(2)(i) and 4(2)(q) and (r) of the No. 24 Order[^f00052] EH49 7. EH49 9. EH49 9.
Articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 22 Order[^f00053] IG11 1. N9 9. N11 9. N14. RM6 6. RM10. UB5 5. W3. W7. IG11 7. N11 1. N13 4 and N13 5. N18 1. RM8 2 and RM8 3. UB1. UB5 9. W4. W13. N9 7. N11 3. N13 9. N21. RM9 4 and RM9 5. UB2 4 and UB2 5. UB6 7 to UB6 9. W5. 28th March 2018
--- --- --- --- ---
Articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order[^f00054] UB5 4. UB6 0. 28th March 2018
Articles 3(2)(g) and 4(2)(m) and (n) of the No. 24 Order[^f00055] UB5 6. 28th March 2018
Articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 24 Order E6 2. RM6 5. IG11 0. RM8 1. IG11 8 and IG11 9. RM9 6. 28th March 2018
Articles 3(2)(w) and 4(2)(ss) and (tt) of the No. 24 Order[^f00056] N11 2. N13 6. 28th March 2018
Articles 3(2)(d) and 4(2)(g) and (h) of the No. 22 Order G65 5. G67 9. ML2 7 and ML2 8. ML6 0. ML7 4. G67 1 and G67 2. ML1. ML4. ML6 6. G67 4. ML2 0. ML5. ML6 8 and ML6 9. 4th April 2018
Articles 3(2)(m) and 4(2)(y) and (z) of the No. 22 Order G67 3. G68 0. 4th April 2018
Articles 3(2)(o) and 4(2)(cc) and (dd) of the No. 22 Order G69 0. 4th April 2018
--- --- --- --- ---
Articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order ML6 7. 4th April 2018
Articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order G71 5 and G71 6. ML2 9. 4th April 2018
Articles 3(2)(m) and 4(2)(y) and (z) of the No. 24 Order[^f00057] G65 0. G69 9. G65 9. G68 9. 4th April 2018
Articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 22 Order[^f00058] CH7 5. LL16 3 to LL16 5. LL19. CH8 9. LL17. LL15 1 and LL15 2. LL18. 11th April 2018
Articles 3(2)(b) and 4(2)(c) and (d) of the No. 24 Order SL1 1 to SL1 6. SL2 5. SL4 3 to SL4 6. SL1 9. SL3. SL2 1 and SL2 2. SL4 1. 11th April 2018
Articles 3(2)(i) and 4(2)(q) and (r) of the No. 24 Order SL1 8. SL6 0. 11th April 2018
Articles 3(2)(u) and 4(2)(oo) and (pp) of the No. 24 Order[^f00059] SL4 2. 11th April 2018
Articles 3(2)(a) and 4(2)(a) of the No. 11 Order[^f00060] WN1 1 and WN1 2. WN5 0. WN6 7 to WN6 9 WN2 1 to WN2 5. WN5 7 to WN5 9. WN3 4 to WN3 6. WN6 0. 18th April 2018
--- --- --- --- ---
Articles 3(2)(a) and 4(2)(a) of the No. 13 Order[^f00061] WN1 3. 18th April 2018
Articles 3(2)(e) and 4(2)(e) of the No. 19 Order M29. WN4. M46. WN7. WA3 1 to WA3 3. 18th April 2018
Articles 3(2)(i) and 4(2)(q) and (r) of the No. 24 Order IP1. IP4. IP6 9. IP9. IP2. IP5. IP7. IP10. IP3. IP6 0. IP8. IP98. 25th April 2018

Signed

Alok Sharma — Minister of State — Department for Work and Pensions — 2nd February 2018

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends, in the case of the No. 9 Order (defined below), or modifies, in the case of the others, 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 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 amendments by article 3(2)(b) and (g) of this Order (in the case of the No. 9 Order) and modifications by article 4 of this Order (in the case of the others) of the prior commencement Orders remove the restrictions on claiming UC (“the gateway conditions”, set out in Schedule 5 to the No. 9 Order) so that they do not apply to the specified provisions of the prior commencement Orders (for the coming into force of the UC provisions and the amending provisions).

In the case of the No. 9 Order, the amendments apply to all claims for universal credit, an employment and support allowance or a jobseeker’s allowance made on or after 7th March 2018 by claimants residing in postcode districts M43, OL6, OL7 and SK16.

In the case of the other prior commencement orders, the modified provisions are specified in the first column of the table in the Schedule to this Order, in connection with the postcode districts and part-districts specified in the corresponding entry in the second column of the table.The modifications apply by reference to residence in those areas where claims are made for universal credit, an employment and support allowance or a jobseeker’s allowance on or after the dates in the corresponding entry in the third column of the table.

Article 3 (2)(a), (c) to (f) and (h) to (k) and article 5 of this Order make consequential amendments, in the case of the No. 9 Order, and consequential modifications, in the case of the others, 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 specified 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 to those Orders also make provision for claims by couples.

Article 6 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)) and 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) (“the No. 23 Order”)) to allow claims for housing benefit in respect of temporary accommodation in areas where universal credit is commenced without gateway conditions.The amendments come into force on 11th April 2018 with the related changes to the Universal Credit Regulations 2013 ([S.I. 2013/376](https://www.legislation.gov.uk/uksi/2013/376)) and the Universal Credit (Transitional Provisions) Regulations 2014 ([S.I. 2014/1230](https://www.legislation.gov.uk/uksi/2014/1230)) made by the Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 ([S.I. 2018/65](https://www.legislation.gov.uk/uksi/2018/65)).

Article 7 modifies article 7 of the No. 23 Order such that, where the gateway conditions no longer apply to claims for universal credit, by virtue of article 3(2)(b) and 4 of this Order, save in specified cases a person may not make a claim for housing benefit, income support or a tax credit on a date on which, if that person made a claim for UC on the date, the UC provisions would come into force under the provisions in question.

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. 2013/983 (C. 41).

[^f00007]: S.I. 2013/1511 (C. 60).

[^f00008]: S.I. 2013/2657 (C. 107).

[^f00009]: S.I. 2014/1583 (C. 61).

[^f00010]: S.I. 2014/2321 (C. 99).

[^f00011]: S.I. 2015/33 (C. 4).

[^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]: These are the postcode districts M43, OL6, OL7 and SK16 (see Schedule 1 to the No. 9 Order).

[^f00019]: Relevant amendments were made by S.I. 2014/1452 (C. 56), 1661 (C. 69), 1923 (C. 88) and 3067 (C. 129) and 2015/32 (C. 3) and 1537 (C. 87).

[^f00020]: The definition of gateway conditions was inserted by S.I. 2014/1452 (C. 56).

[^f00021]: Article 3(3) was substituted by S.I. 2014/1452 (C. 56).

[^f00022]: Sub-paragraph (b) of article 3(3) was substituted by S.I. 2014/1923 (C. 88).

[^f00023]: Article 3A was inserted by S.I. 2014/1452 (C. 56), amended by S.I. 2014/1661 (C. 69) and substituted by S.I. 2014/1923 (C. 88).

[^f00024]: Article 4 was substituted by S.I. 2014/1452 (C. 56).

[^f00025]: Sub-paragraph (b) was substituted by S.I. 2014/1923 (C. 88).

[^f00026]: Article 5 was substituted by S.I. 2014/1452 (C. 56).Paragraph (1) was substituted by S.I. 2014/1923 (C. 88) and 3067 (C. 129).

[^f00027]: Paragraph (1A) was substituted by S.I. 2014/3067 (C. 129).

[^f00028]: Schedule 5 was inserted by S.I. 2014/1452 (C. 56) and relevant amendments were made by S.I. 2014/1452 (C. 56), 1661 (C. 69), 1923 (C. 88) and 3067 (C. 129) and 2015/32 (C. 3) and 1537 (C. 87).

[^f00029]: S.I. 2017/57 (C. 5).

[^f00030]: S.I. 2016/596 (C. 41).

[^f00031]: S.I. 2017/664 (C. 56).

[^f00032]: S.I. 2016/963.

[^f00033]: Paragraph 3B is inserted by S.I. 2018/65.

[^f00034]: Article 7(1) was amended by S.I. 2015/740 (C. 39) and 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), 584 (C. 53), 664 (C. 56) and 952 (C. 86).

[^f00035]: Articles 3(2)(b) and 4(2)(c) and (d) were modified by S.I. 2017/57 (C. 5), 584 (C. 53) and 952 (C. 86).

[^f00036]: Articles 3(2)(d) and 4(2)(g) and (h) were modified by S.I. 2016/963 and 2017/664 (C. 56) and 952 (C. 86).

[^f00037]: Articles 3(2)(f) and 4(2)(k) and (l) were modified by S.I. 2017/584 (C. 53), 664 (C. 56) and 952 (C. 86).

[^f00038]: Articles 3(2)(s) and 4(2)(kk) and (ll) were modified by S.I. 2016/963 and 2017/57 (C. 5) and 952 (C. 86).

[^f00039]: Articles 3(2)(d) and 4(2)(d) were modified by S.I. 2017/584 (C. 53).

[^f00040]: Articles 3(2)(k) and 4(2)(k) were modified by S.I. 2017/584 (C. 53) and 952 (C. 86).

[^f00041]: Articles 3(2)(g) and 4(2)(m) and (n) were modified by S.I. 2017/664 (C. 56) and 952 (C. 86).

[^f00042]: Articles 3(2)(l) and 4(2)(w) and (x) were modified by S.I. 2017/664 (C. 56) and 952 (C. 86).

[^f00043]: Articles 3(2)(r) and 4(2)(ii) and (jj) were modified by S.I. 2016/963 and 2017/664 (C. 56) and 952 (C. 86).

[^f00044]: Articles 3(2)(r) and 4(2)(ii) and (jj) were modified by S.I. 2017/57 (C. 5), 584 (C. 53) and 952 (C. 86).

[^f00045]: Articles 3(2)(k) and 4(2)(u) and (v) were modified by S.I. 2016/963 and 2017/584 (C. 53) and 952 (C. 86).

[^f00046]: Articles 3(2)(t) and 4(2)(mm) and (nn) were modified by S.I. 2017/57 (C. 5), 584 (C. 53) and 952 (C. 86).

[^f00047]: Articles 3(2)(x) and 4(2)(uu) and (vv) were modified by S.I. 2017/952 (C. 86).

[^f00048]: Articles 3(2)(a) and 4(2)(a) were modified by S.I. 2017/664 (C. 56).

[^f00049]: Articles 3(2)(j) and 4(2)(j) were modified by 2016/596 (C. 41) and 963 and 2017/952 (C. 86).

[^f00050]: 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), 584 (C. 53), 664 (C. 56) and 952 (C. 86).

[^f00051]: Articles 3(2)(m) and 4(2)(y) and (z) were modified by S.I. 2017/584 (C. 53).

[^f00052]: Articles 3(2)(i) and 4(2)(q) and (r) were modified by S.I. 2017/584 (C. 53), 664 (C. 56) and 952 (C. 86).

[^f00053]: Articles 3(2)(t) and 4(2)(mm) and (nn) were modified by S.I. 2016/33 (C. 33) and 963 and 2017/57 (C. 5), 664 (C. 56) and 952 (C. 86).

[^f00054]: 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), 584 (C. 53), 664 (C. 56) and 952 (C. 86).

[^f00055]: Articles 3(2)(g) and 4(2)(m) and (n) were modified by S.I. 2017/584 (C. 53) and 952 (C. 86).

[^f00056]: Articles 3(2)(w) and 4(2)(ss) and (tt) were modified by S.I. 2017/952 (C. 86).

[^f00057]: Articles 3(2)(m) and 4(2)(y) and (z) were modified by S.I. 2016/963 and 2017/57 (C. 5) and 952 (C. 86).

[^f00058]: Articles 3(2)(t) and 4(2)(mm) and (nn) were modified by S.I. 2016/33 (C. 3) and 963 and 2017/57 (C. 5), 664 (C. 56) and 952 (C. 86).

[^f00059]: Articles 3(2)(u) and 4(2)(oo) and (pp) were modified by S.I. 2017/584 (C. 53) and 952 (C. 86).

[^f00060]: Articles 3(2)(a) and 4(2)(a) were modified by S.I. 2017/57 (C. 5).

[^f00061]: Articles 3(2)(a) and 4(2)(a) were modified by S.I. 2016/596 (C. 41) and 2017/57 (C. 5).

[^f00062]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).

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