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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

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There are outstanding changes not yet made by the legislation.gov.uk editorial team 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. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1Existing benefits

3.(1) The claimant must not be entitled to—

[F2(a)old style ESA;

(b)old style JSA;

(c)income support;]

(d)incapacity benefit or severe disablement allowance, as defined in Schedule 4 to the 2007 Act;

(e)disability living allowance F3...; or

(f)personal independence payment F4....

F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The claimant must not be awaiting—

[F6(a)a decision on a claim for—

(i)any benefit mentioned in sub-paragraph (1)(a) to (c);

(ii)a tax credit; or

(iii)housing benefit;]

(b)the outcome of an application—

(i)to the Secretary of State to consider whether to revise, under section 9 of the Social Security Act 1998, a decision that the claimant is not entitled to old style JSA, old style ESA or income support; or

(ii)to the relevant authority (within the meaning of the Child Support, Pensions and Social Security Act 2000) to consider whether to revise, under Schedule 7 to that Act, a decision that the claimant is not entitled to housing benefit.

(4) If the claimant has appealed against a decision that he or she is not entitled to a benefit mentioned in sub-paragraph (1)(a) to (c), the Secretary of State must be satisfied—

(a)that the appeal to the First-tier Tribunal, and any subsequent appeal to the Upper Tribunal or to a court, is not ongoing; and

(b)where an appeal has been finally determined, that there is no possibility of a further appeal by any party.

F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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