The Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) (Amendment) Order 2026

Made: 15th April 2026

The Secretary of State makes this Order in exercise of the powers conferred by section 150(3) and (4)(a) and (c) of the Welfare Reform Act 2012[^f00001].

Citation

1

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) (Amendment) Order 2026.

Amendment of the Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025

2

• (1) The Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025[^f00002] is amended as follows.

• (2) In paragraph (2) of article 1 (citation and interpretation) insert at the appropriate place—

• “specified accommodation” has the same meaning as in the Transitional Regulations;
• “temporary accommodation” has the same meaning as in the Transitional Regulations;

• (3) In paragraph (3) of article 2 (conversion of contributory old style ESA) after “the day appointed is” insert “any day falling before 1st July 2026 which is”.

• (4) After article 3 (claimant commitment on conversion of contributory old style ESA) insert—

(3A) (1) Subject to the saving in paragraph (2), the day appointed for the coming into force of the amending provisions in the case of an award of old style ESA in respect of which those provisions— (a) have not yet come into force, and (b) are not due to come into force, or to be treated as coming into force, at the end of a two week run-on period, is 1st July 2026. (2) Where the amending provisions would otherwise come into force on 1st July 2026 by virtue of paragraph (1), they are to be treated as if they had not come into force in the case of an award where— (a) immediately before that date, a person is appointed under regulation 57 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (persons unable to act)[^f00003], or (b) at any time within the period of 6 months ending with that date, the Secretary of State determined that it was likely that such a person would need to be appointed (whether or not an appointment was made). (3) The saving in paragraph (2) does not prevent the amending provisions from coming into force as a consequence of a claim for universal credit or from being treated as coming into force in accordance with regulation 46(1)(a) of the Transitional Regulations (termination of existing benefits if no claim before the deadline).

• (5) In article 6 (abolition of housing benefit for working age claimants who cease to occupy temporary accommodation or specified accommodation)—

• (a) for the heading substitute “Housing benefit - claimants moving from temporary or specified accommodation on or after 14th November 2025 and before 1st July 2026”;

• (b) in paragraph (1) after “any day falling on or after 14th November 2025” insert “and before 1st July 2026”;

• (c) omit paragraph (2).

• (6) After article 6 insert—

(7) (1) Subject to the savings in paragraph (4), the day appointed for the coming into force of section 33(1)(d) of the Act (abolition of housing benefit) in the case of an award of housing benefit that— (a) has not yet been terminated by virtue of regulation 7(2), 8(2A) or 46(1)(a) of the Transitional Regulations[^f00004], and (b) is not due to terminate at the end of a two week run-on period, is the day specified in paragraph (2) or (3). (2) In the case of an award where, immediately before 1st July 2026, the claimant is prevented from claiming universal credit by regulation 19(1)(b) or (c) of the Universal Credit Regulations 2013 (restrictions on entitlement - prisoners etc.)[^f00005], the day appointed is the day after the last day on which that regulation applies in relation to the claimant. (3) In any other case, the day appointed is 1st July 2026. (4) Where section 33(1)(d) of the Act would otherwise come into force on 1st July 2026 by virtue of paragraph (3), it is to be treated as if it had not come into force in a case where— (a) the claimant’s circumstances fall within regulation 6A(2) to (5) of the Transitional Regulations (exemption from restrictions on claims for housing benefit for persons who are over the qualifying age for state pension credit, occupying temporary or specified accommodation etc.)[^f00006], or (b) immediately before 1st July 2026, the claimant is entitled to an award of income-related employment and support allowance and the saving in paragraph (2) of article 3A (abolition of income-related employment and support allowance) applies.

Signed

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

Stephen Timms — Minister of State — Department for Work and Pensions — 15th April 2026

Explanatory note

(This note is not part of the Order)

Explanatory Note

This Order amends the Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025 (S.I. 2025/1148 C. 55) (“the No. 35 Order”).

The No. 35 Order appointed 1st April 2026 for ending future entitlement to income support and income-based jobseeker’s allowance. This Order inserts new articles 3A and 7 which make corresponding provision in relation to income-related employment and support allowance and housing benefit.

Income-related employment and support allowance is the income-related element of the “old style” allowance. The “amending provisions” (as defined in the No. 35 Order) are the mechanism for abolishing entitlement to that element and converting any entitlement to the contributory element into the “new style” allowance.

Article 2 of the No. 35 Order brought the amending provisions into force in relation to awards of old style employment and support allowance where the claimant was receiving only the contributory element. New article 3A appoints 1st July 2026 for the coming into force of those provisions in relation to any remaining awards. This is subject to a saving provision for cases where either the claimant has an appointee or the Secretary of State determined within the previous 6 months that an appointee was likely to be needed. The saving provision does not prevent the award from being terminated as a consequence of a claim for universal credit or a failure to claim universal credit by the deadline specified in a migration notice.

Article 6 of the No. 35 Order brought the abolition of housing benefit into force from 14th November 2025 in cases where working age claimants who were receiving only that benefit moved from temporary or specified accommodation.

New article 7 appoints 1st July 2026 for the general abolition of housing benefit (except certain prisoners for whom the abolition takes effect on their release). The abolition is subject to a general saving provision for any claimant who is exempt from the restrictions on new claims for housing benefit. These exemptions include claimants who are over state pension age and claimants who are under that age and occupying temporary or specified accommodation. Where the saving provision in new article 3A(2) applies to a claimant with an award of income-related employment and support allowance, it also applies to their housing benefit award.

Footnotes

[^f00001]: 2012 c. 5.

[^f00002]: S.I. 2025/1148.

[^f00003]: S.I. 2013/380. Regulation 57 was amended by S.I. 2021/804.

[^f00004]: Regulation 8(2A) was inserted by S.I. 2018/65 and amended by S.I. 2019/1152. Regulation 46 was inserted, and paragraph (1)(a) of that regulation was amended, by S.I. 2019/1152.

[^f00005]: S.I. 2013/376.

[^f00006]: Regulation 6A was inserted by S.I. 2022/752.

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