The Welfare Reform Act 2012 (Commencement No. 34 and Commencement No. 9, 21, 23, 31 and 32 and Transitional and Transitory Provisions (Amendment)) Order 2022

Made: 14th March 2022

The Secretary of State 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. 34 and Commencement No. 9, 21, 23, 31 and 32 and Transitional and Transitory Provisions (Amendment)) Order 2022.

Interpretation

2

In this Order—

• “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[^f00002];

• “the No. 32 Order” means the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019[^f00003].

Full commencement of universal credit

3

30th March 2022 (“the appointed day”) is the appointed day for the coming into force of the provisions of the Welfare Reform Act 2012 listed in Schedule 2 (universal credit provisions coming into force in relation to certain claims and awards) to the No. 9 Order, in so far as they are not already in force.

Removal of restriction preventing frontier workers from claiming universal credit

4

• (1) The amendments of the No. 32 Order set out in paragraphs (3) and (4) have effect from the appointed day.

• (2) The No. 32 Order is amended as follows.

• (3) In article 1 (citation and interpretation), omit paragraph (3).

• (4) In article 4 (appointed day – coming into force of universal credit provisions and abolition of income-related employment and support allowance and income-based jobseeker’s allowance: persons resident outside Great Britain), omit paragraph (11).

Consequential amendments

5

The consequential amendments set out in the Schedule have effect from the appointed day.

SCHEDULE — Consequential Amendments

1

• (1) The No. 9 Order is amended as follows.

• (2) In article 5A (transitional provision where Secretary of State determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance), in paragraph (1) omit “or article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)”.

• (3) In article 6 (transitional provision: where the abolition of income-related employment and support allowance and income-based jobseeker’s allowance is treated as not applying), in paragraph (1)(e)(ii) omit “or article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)”.

2

• (1) The Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015[^f00004] is amended as follows.

• (2) In article 6 (transitional provision: claims for housing benefit, income support or a tax credit), in paragraph (11) omit “or by virtue of article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019”.

3

• (1) The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015[^f00005] is amended as follows.

• (2) In article 7 (transitional provision: claims for housing benefit, income support or a tax credit), in paragraph (2) omit “or by virtue of article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019”.

4

• (1) 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[^f00006] is amended as follows.

• (2) In article 8 (transitional provision: where restrictions on claims for universal credit are in place)—

• (a) at the end of paragraph (1)(a) insert “or”; and

• (b) omit subparagraph (1)(c) and the “or” preceding it.

Signed

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

David Rutley — Parliamentary Under Secretary of State — Department for Work and Pensions — 14th March 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is a further stage in the replacement of six existing benefits by universal credit.

Article 3 brings into force provisions of the Welfare Reform Act 2012, as listed 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, in so far as they are not already in force. Existing awards of the benefits which UC replaces are not affected.

Article 4 removes the restriction on UC claims by frontier workers (i.e. a person who does not reside in Great Britain or Northern Ireland but who works in Great Britain) and, accordingly, subject to any other exception that may apply, a person may not make a claim for a tax credit.

Article 5 and the Schedule contain amendments consequential on article 4.

Footnotes

[^f00001]: 2012 c. 5.

[^f00002]: S.I. 2013/983 (C. 41). Article 5A was inserted by S.I. 2014/1452 (C. 56). The other relevant amending instruments are S.I. 2014/2321 (C. 99), S.I. 2015/634 (C. 32), S.I. 2017/483 (C. 44), S.I. 2019/10, 27 and 167 (C. 6).

[^f00003]: S.I. 2019/167 (C. 6).

[^f00004]: S.I. 2015/33 (C. 4). Article 6(11) was inserted by S.I. 2015/634 (C. 32). The other relevant amending instruments are S.I. 2015/740 (C. 39), S.I. 2017/483 (C. 44), S.I. 2018/138 (C. 13), S.I. 2019/10, 27, 37 (C. 1) and 167 (C. 6).

[^f00005]: S.I. 2015/634 (C. 32) was amended by S.I. 2015/740 (C. 39), S.I. 2017/376, S.I. 2018/138 (C. 13), S.I. 2019/10, 27, 37 (C. 1) and 167 (C. 6).

[^f00006]: S.I. 2019/37 (C. 1). Article 8 was inserted by S.I. 2019/935 (C. 25).

[^f00007]: S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).