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The Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013

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This is the original version (as it was originally made).

Amendment of article 7 of the No. 9 Order – transitional provisions in relation to claimant responsibilities with respect to employment and support allowance and jobseeker’s allowance

6.—(1) Paragraph (3) applies in relation to a case where, under any secondary legislation, in relation to a new style JSA award, the 1995 Act applies as though the amending provisions had not come into force (which award therefore continues as an old style JSA award) and where the day with effect from which the 1995 Act so applies occurs on or after 1st July 2013.

(2) Paragraph (4) applies in relation to a case where, under any secondary legislation, in relation to a new style ESA award, Part 1 of the 2007 Act applies as though the amending provisions had not come into force (which award therefore continues as an old style ESA award) and where the day with effect from which Part 1 of the 2007 Act so applies occurs on or after 1st July 2013.

(3) In relation to a case to which this paragraph applies, for article 7(2) of the No. 9 Order substitute—

“(2) Where, under any secondary legislation, in relation to a new style JSA award, the 1995 Act applies as though the amending provisions had not come into force, then, with effect from the day on which the 1995 Act so applies, the 1995 Act, the Social Security Administration Act 1992(1) and the Social Security Act 1998(2) are to apply in relation to the award as though the provisions referred to in paragraph (1)(a), (b) and (e) had not come into force.”.

(4) In relation to a case to which this paragraph applies, for article 7(3) of the No. 9 Order substitute—

“(3) Where, under any secondary legislation, in relation to a new style ESA award, Part 1 of the 2007 Act applies as though the amending provisions had not come into force, then, with effect from the day on which Part 1 of the 2007 Act so applies, Part 1 of the 2007 Act and the Welfare Reform Act 2009(3) are to apply in relation to the award as though the provisions referred to in paragraph (1)(c), (d) and (f) had not come into force.”.

(5) For the purposes of this article, “secondary legislation” means an instrument made under an Act.

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