The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019

Made: 14th January 2019

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 :

Citation

1

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019.

Interpretation

2

• (1) In this Order—

• “the 1992 Act” means the Social Security Contributions and Benefits Act 1992;

• “the 2002 Act” means the State Pension Credit Act 2002 ;

• “the 2012 Act” means the Welfare Reform Act 2012;

• “the appointed day” means the day referred to in article 3;

• “assessment period”, in relation to universal credit entitlement, has the same meaning as in regulation 21 of the Universal Credit Regulations 2013;

• ...

• “the Housing Benefit SPC Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;

• “the No. 21 Order” means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ;

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

• “polygamous marriage” has the same meaning as in regulation 3(5) of the Universal Credit Regulations 2013 ;

• “the qualifying age for state pension credit” has the same meaning as in the 2002 Act ;

• “secondary legislation” has the same meaning as in Part 1 of the 2012 Act ;

• “state pension credit” has the same meaning as in the 2002 Act .

• (1A) In this Order, “couple” has the same meaning as in the 2002 Act, save—

• (a) in reference to entitlement to housing benefit, where it has the same meaning as in Part VII of the 1992 Act; and

• (b) in article 7(3), in relation to references to persons being treated as a couple in accordance with article 7(2)(a)(ii), where it has the meaning referred to in article 7(2)(a)(ii)

• (2) In this Order—

• (a) “mixed-age couple” means a couple, one member of which has attained the qualifying age for state pension credit and the other of which has not; and

• (b) the definition in sub-paragraph (a) includes a polygamous marriage where at least one party to the marriage has attained the qualifying age for state pension credit and at least one has not.

• (3) Save as stated to the contrary in article 6(2) ..., all references in this Order to claims or entitlement to housing benefit are to claims or entitlement under the Housing Benefit SPC Regulations only.

• (4) In this Order—

• (a) a person is entitled to state pension credit or housing benefit on any day where the person has made a claim for that benefit and the conditions of entitlement are met in relation to that person, regardless of whether, respectively, entitlement begins on a later day under—

• (i) regulation 16A (date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate) of the Social Security (Claims and Payments) Regulations 1987; or

• (ii) regulation 57 (date on which entitlement is to commence) of the Housing Benefit SPC Regulations; and

• (b) save in article 7(3)(a), a reference to claiming or entitlement to state pension credit or housing benefit as part of a mixed-age couple is a reference to a person claiming or being so entitled, on the basis that the person is a member of a couple or ... a polygamous marriage.

Appointed day

3

15th May 2019 is the appointed day for the coming into force of paragraph 64 (universal credit amendments: insertion of section 4(1A) into the 2002 Act) of Schedule 2 to the 2012 Act, and section 31 of the 2012 Act in so far as it relates to that paragraph.

Savings

4

• (1) Subject to paragraph (2), the 2002 Act shall have effect as though section 4(1A) (exclusion of mixed-age couples from state pension credit) had not come into force in relation to a member of a mixed-age couple who, on the day before the appointed day and as part of that couple, is entitled to—

• (a) state pension credit;

• (b) housing benefit; or

• (c) state pension credit and housing benefit.

• (2) The savings in the sub-paragraphs of paragraph (1) shall cease to have effect in relation to the member of the mixed-age couple referred to on any day after the appointed day when that person is not entitled to either state pension credit or housing benefit as part of the same mixed-age couple.

• (3) Nothing in regulation 6A (restriction on claims for housing benefit, income support or a tax credit) of the Transitional Regulations prevents a claim for housing benefit by a member of a mixed-age couple referred to in paragraph (1) where—

• (a) they have been issued with a migration notice;

• (b) they make the claim for housing benefit within three months beginning with—

• (i) in the case of a person who became entitled to universal credit by claiming before the final deadline, the day after their award of universal credit terminates; or

• (ii) in the case of a person who did not claim universal credit, or claimed before the final deadline but was not entitled, the day after their award of housing benefit terminates; and

• (c) they meet the conditions for entitlement to housing benefit on that day.

• (4) Where a person mentioned in sub-paragraph (b)(i) of paragraph (3) claims—

• (a) housing benefit; or

• (b) state pension credit (whether or not they also claim housing benefit),

within three months beginning with the day mentioned in that sub-paragraph, any days on which they were entitled to universal credit are to be disregarded for the purposes of paragraph (2).

• (5) In this article “Transitional Regulations” means the Universal Credit (Transitional Provisions) Regulations 2014 and “final deadline” and “migration notice” have the same meaning as in those Regulations.

Amendment of the No. 21 Order and the No. 23 Order: transitional provision preventing claims for housing benefit

5

• (1) The following amendments of the No. 21 Order and the No. 23 Order have effect from the day after the day of making of this Order.

• (2) For article 6(3)(a) of the No. 21 Order and article 7(4)(a) of the No. 23 Order , substitute—

(a) in the case of a claim for housing benefit, the claim is made by a member of a State Pension Credit Act couple who has reached the qualifying age for state pension credit, where the other member has not reached that age, and entitlement begins, or in the case of claims made in advance of entitlement is to begin— (i) before 15th May 2019; or (ii) on or after 15th May 2019 where one of the savings in the sub-paragraphs of article 4(1) of the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019 applies to that person and the saving has not ceased to have effect under article 4(2) of that Order, and entitlement to housing benefit is to be construed in accordance with article 2 of that Order;

Transitional provision: termination of awards of housing benefit

6

• (1) The awards of housing benefit referred to in paragraph (2) are to terminate on the day referred to in paragraph (3), subject to paragraph (4).

• (2) The awards are those where entitlement under the Housing Benefit SPC Regulations as part of a mixed-age couple begins on or after the appointed day and where the awards are made—

• (a) at any time, under the Housing Benefit Regulations 2006 or the Housing Benefit SPC Regulations, to a person who, after the award, becomes a member of a mixed-age couple;

• (b) at any time, under the Housing Benefit Regulations 2006, to a person who is a member of a mixed-age couple, where the award subsequently ceases to be subject to those Regulations and becomes subject to the Housing Benefit SPC Regulations; or

• (c) on or before the day of making of this Order, to a person who claimed in advance of attaining the qualifying age for state pension credit.

• (3) The termination takes effect—

• (a) in the case of an award referred to in paragraph (2)(a) or (b), on the later of the appointed day and the day entitlement under the Housing Benefit SPC Regulations as part of a mixed-age couple takes effect on the award, as a change of circumstances, in accordance with the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ; or

• (b) in the case of an award referred to in paragraph (2)(c), on the day after the day of making of this Order.

• (4) Paragraph (1) does not apply to awards in respect of specified accommodation or temporary accommodation, as defined in regulation 2 of the Universal Credit (Transitional Provisions) Regulations 2014.

Transitional provision: polygamous marriages

7

• (1) Paragraph (3) applies where a person (“P”), who has attained the qualifying age, would otherwise not be entitled to either housing benefit or universal credit, because—

• (a) but for that paragraph, P would be a member of the same household as a partner who has not attained the qualifying age and therefore a member of a mixed-age couple, who—

• (i) is prevented from claiming housing benefit under regulation 6A of the Universal Credit (Transitional Provisions) Regulations 2014; or

• (ii) has an award of housing benefit terminated under article 6; and

• (b) P is neither entitled to universal credit jointly with that partner, nor entitled to universal credit as a single person, in one of the cases set out in paragraph (2).

• (2) The cases are where P is not entitled to universal credit because P has attained the qualifying age and—

• (a) any of the following paragraphs of regulation 3 of the Universal Credit Regulations 2013 (couples) applies, and in the case of paragraph (ii) below, one of the following circumstances applies—

• (i) paragraph (3) (treatment of certain couples – universal credit may only be claimed as a single person);

• (ii) paragraph (4) (treatment of polygamous marriages), so that P is not entitled to universal credit because P may only claim universal credit either as one of two parties to a polygamous marriage to be treated as a couple and the other party has also attained the qualifying age, or as a remaining party to such a marriage to be treated as single;

• (iii) paragraph (6) (absence from the household – universal credit may only be claimed as a single person); or

• (b) P lost joint entitlement to universal credit as part of a mixed-age couple due to one of the following changes of circumstances taking effect from a date (namely the first day of the universal credit assessment period in which the change occurred) that is earlier than when, but for paragraph (3), the same change would take effect for the purposes of housing benefit, those changes being where—

• (i) P and their partner are no longer a couple;

• (ii) P is party to a marriage that is no longer polygamous and P's remaining spouse has attained the qualifying age.

• (3) Where this paragraph applies—

• (a) P and their partner who are to be treated as a non-polygamous couple in accordance with paragraph (2)(a)(ii), or who are no longer parties to a polygamous marriage in accordance with paragraph (2)(b)(ii), are to be treated as members of the same household as each other but not of that of any party (or parties) with whom they are not part of a couple in accordance with those provisions and one of them may claim or remain entitled to housing benefit as part of that couple; or

• (b) P who is to be treated as single in accordance with paragraph (2)(a)(i) to (iii), or is single in accordance with paragraph (2)(b)(i), is to be treated as though P is not a member of the same household as any party (or parties) with whom P is not part of a couple in accordance with those provisions and may claim or remain entitled to housing benefit as a single person,

where paragraph (2)(a) applies, with effect from the date on which the relevant paragraph of regulation 3 of the Universal Credit Regulations 2013 first applies to C, or, where paragraph (2)(b) applies, with effect from the date referred to in paragraph (2)(b) on which C lost universal credit entitlement.

Signed

Guy Opperman — Parliamentary Under Secretary of State — 2019-01-14

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2012 c. 5.

[^f00002]: 2002 c. 16.

[^f00003]: See section 17(1).The definition of “couple” was substituted by S.I. 2014/3229.

[^f00004]: S.I. 2006/214.

[^f00005]: S.I. 2015/33 (C. 4).

[^f00006]: S.I. 2015/634 (C. 32).

[^f00007]: S.I. 2013/376.

[^f00008]: See section 1(2)(b) and (6).

[^f00009]: See section 40.

[^f00010]: See section 1.

[^f00011]: S.I. 1987/1968.Regulation 16A was inserted by S.I. 2002/3019; there are amendments none of which are relevant to this Order.

[^f00012]: Section 4 was amended by 2004 c. 33.

[^f00013]: There are amendments to Article 6 none of which are relevant to this Order.

[^f00014]: There are amendments and modifications to Article 7 none of which are relevant to this Order.

[^f00015]: S.I. 2006/213.

[^f00016]: S.I. 2001/1002.

[^f00017]: Sub-paragraph (l) was inserted by S.I. 2018/138 (C. 13).

[^f00018]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).

Editorial notes

[^c23499271]: 2012 c. 5.

[^c23499281]: 2002 c. 16.

[^c23499301]: S.I. 2006/214.

[^c23499311]: S.I. 2015/33 (C. 4).

[^c23499321]: S.I. 2015/634 (C. 32).

[^c23499331]: S.I. 2013/376.

[^c23499341]: See section 1(2)(b) and (6).

[^c23499351]: See section 40.

[^c23499361]: See section 1.

[^c23499371]: S.I. 1987/1968. Regulation 16A was inserted by S.I. 2002/3019; there are amendments none of which are relevant to this Order.

[^c23499381]: Section 4 was amended by 2004 c. 33.

[^c23499391]: There are amendments to Article 6 none of which are relevant to this Order.

[^c23499401]: There are amendments and modifications to Article 7 none of which are relevant to this Order.

[^c23499411]: S.I. 2006/213.

[^c23499421]: S.I. 2001/1002.

[^c23499441]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).

[^key-03d682105bb5b8a4e95f428d46bf67bd]: Words in art. 2(1) inserted (14.5.2019) by The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019 (S.I. 2019/935), art. 2(2)(a)(i)

[^key-63683489823a7d6aea73b47b348e202d]: Words in art. 2(1) omitted (14.5.2019) by virtue of The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019 (S.I. 2019/935), art. 2(2)(a)(ii)

[^key-fd9b8df8f3b7a0a353a0acbd991bde53]: Art. 2(1A) inserted (14.5.2019) by The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019 (S.I. 2019/935), art. 2(2)(b)