SCHEDULE 1POSTCODE DISTRICTS
1.
M43
2.
OL6
3.
OL7
4.
SK16
SCHEDULE 2UNIVERSAL CREDIT PROVISIONS COMING INTO FORCE IN RELATION TO CERTAIN CLAIMS AND AWARDS
1.
Section 1 (universal credit).
2.
Section 2(1) (claims).
3.
Section 3 (entitlement).
4.
Section 4(1) and (4) (basic conditions).
5.
Section 5 (financial conditions).
6.
Section 6 (restrictions on entitlement).
7.
Section 7(1) and (4) (basis of awards).
8.
Section 8 (calculation of awards).
9.
Section 9(1) (standard allowance).
10.
Section 10(1) (responsibility for children and young persons).
11.
Section 11(1) and (2) (housing costs).
12.
Section 12(1) and (2) (other particular needs or circumstances).
13.
Section 13 (work-related requirements: introductory).
14.
Section 14 (claimant commitment).
15.
Section 15(1) and (4) (work-focused interview requirement).
16.
Section 16 (work preparation requirement).
17.
Section 17(1), (2), (3)(a) to (e), (4) and (5) (work search requirement).
18.
Section 18 (work availability requirement).
19.
Section 19(1), (2)(a) to (c), (5) and (6) (claimants subject to no work-related requirements).
20.
Section 20 (claimants subject to work-focused interview requirement only).
21.
Section 21 (claimants subject to work preparation requirement).
22.
Section 22 (claimants subject to all work-related requirements).
23.
Section 23 (connected requirements).
24.
Section 24(2), (3) and (4) (imposition of requirements).
25.
Section 26(1) to (5) (higher-level sanctions).
26.
Section 27(1) to (3) and (6) to (8) (other sanctions).
SCHEDULE 3COMMENCEMENT OF REPEALS IN PART 1 OF SCHEDULE 14 TO THE ACT
Short title and chapter | Extent of repeal |
---|---|
Jobseekers Act 1995 (c.18) | Section 1(2A) to (2D) and (4). In section 2, in subsection (3C)(d), “contribution-based”. Sections 3 to 3B. In section 4— (a) in subsection (1), “contribution-based”; (b) subsections (3), (3A) and (6) to (11A). Section 4A. In section 5— (a) in the heading and in subsection (1) “contribution-based”; (b) in subsection (2), “contribution-based” in the first two places; (c) in subsection (3), “contribution-based”. Section 13. Sections 15 to 17. In section 17A(10), the definition of “claimant”. Section 23. Sections 26. In section 35(1)— (a) in the definition of “claimant”, the words from “except” to the end; (b) the definitions of “contribution-based jobseeker’s allowance”, “income-based jobseeker’s allowance”, “income-related employment and support allowance”, “joint-claim couple”, “joint-claim jobseeker’s allowance” and “the nominated member”. In section 38— (a) in subsections (3) and (4), “contribution-based”; (b) subsection (6). In Schedule 1— (a) in paragraph 6(1), “contribution-based”; (b) paragraphs 8 and 8A; (c) paragraphs 9 to 10; (d) in paragraph 11(1), “contribution-based”; (e) in paragraph 16(1) and (2)(d), “contribution-based”; (f) paragraph 18(b) and (c). |
Welfare Reform and Pensions Act 1999 (c.30) | In Schedule 7, paragraphs 2(3) and (4), 4, 5(3) and (4), 6, 9 to 11, 15 and 16. In Schedule 8, paragraph 29(2). |
State Pension Credit Act 2002 (c.16) | In Schedule 2, paragraphs 36 to 38. |
Income Tax (Earnings and Payments) Act 2003 (c.1) | In Schedule 6, paragraphs 228 to 230. |
Civil Partnership Act 2004 (c.33) | In Schedule 24, paragraphs 118 to 122. |
Welfare Reform Act 2007 (c.5) | In section 1— (a) in subsection (2), in the opening words, “either”; (b) in subsection (2)(a), “Part 1 of” and “that Part of”; (c) subsection (2)(b) and the preceding “or”; (d) in subsection (3)(f), the words from “(and” to “allowance)”; (e) in subsection (3A), “Part 1 of”; (f) in subsection (6), the definition of “joint-claim jobseeker’s allowance”; (g) subsections (6A) and (7). In subsection 1A— (a) in the heading “contributory”; (b) in subsections (1) (in both places), (3) and (4), “Part 1 of”. Section 1B(2). In section 2, in the heading, “contributory”. In section 3, in the heading, “contributory”. Sections 4 to 6. Section 23. In section 24(1), the definitions of “contributory allowance” and “income-related allowance”. In section 26(1)(a), “or 4(4)(c) or (5)(c)”. Section 27(2)(a) and (4). In Schedule 1— (a) the heading to Part 1; (b) Part 2. In Schedule 2— (a) in the headings to paragraphs 6 and 7, “Contributory allowance:”; (b) paragraph 8; (c) paragraph 11(b) and (c); (d) paragraph 12, so far as not otherwise repealed. |
Welfare Reform Act 2009 (c.24) | In Part 3 of Schedule 7, the entry relating to the Civil Partnership Act 2004. |
SCHEDULE 4MODIFICATIONS OF THE 2010 TRANSITIONAL REGULATIONS
1.
The 2010 Transitional Regulations are to be read as if the amendments set out in this Schedule were made.
2.
(1)
Regulation 2 (interpretation) is amended as follows.
(2)
In paragraph (1)—
(a)
““the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 201339;”;
““the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 201340;”;
““the ESA Regulations” means the Employment and Support Allowance Regulations 201341;”;
(b)
omit—
(i)
the definition of “income-related allowance”;
(ii)
(c)
in the definition of “benefit week”, for “the 2008 Regulations” substitute “the ESA Regulations”.
(3)
In paragraph (3), omit “or awards”.
3.
In regulation 4 (the notice commencing the conversion phase), omit paragraph (6).
4.
In regulation 5 (deciding whether an existing award qualifies for conversion)—
(a)
in paragraph (1), omit “or awards”;
(b)
in paragraph (2)(a), for “or awards qualify” substitute “qualifies”;
(c)
in paragraph (2)(b), for “or awards do” substitute “does”;
(d)
in paragraph (6)(b), omit “or awards”.
5.
In regulation 6(2) (application of certain enactments for purpose of making conversion decisions)—
(a)
“(b)
the ESA Regulations;
(c)
regulation 38(2) and (3) of the Claims and Payments Regulations (evidence and information in connection with an award);”;
(b)
“(e)
the Decisions and Appeals Regulations.”
6.
(a)
in paragraph (1)—
(i)
omit “or awards”;
(ii)
for “qualify” substitute “qualifies”;
(b)
in paragraphs (2)(b) and (3)(b), for “regulation 30 of the 2008 Regulations” substitute “regulation 26 of the ESA Regulations”.
7.
8.
In regulation 9(1) (determining entitlement to a transitional addition)—
(a)
for “or awards qualify” substitute “qualifies”;
(b)
omit “or 11(2) (transitional addition: income support)”.
9.
In regulation 10 (transitional addition: incapacity benefit or severe disablement allowance)—
(a)
in paragraph (1), omit “(and for these purposes it is irrelevant whether the person is also entitled to any existing award of income support)”;
(b)
in paragraph (4)(a), for “paragraph (2) of regulation 67 of the 2008 Regulations (prescribed amounts for purpose of calculating a contributory allowance)” substitute “paragraph (1) of regulation 62 of the ESA Regulations (prescribed amounts)”.
10.
Omit regulation 11 (transitional addition: income support).
11.
In regulation 12 (regulations 10 and 11: supplementary)—
(a)
in the title, for “Regulations 10 and 11” substitute “Regulation 10”;
(b)
in paragraph (1), for “regulations 10 and 11” substitute “regulation 10”;
(c)
in paragraph (2), for “Amounts A and C are” substitute “Amount A is” and for “Amounts B and D are” substitute “Amount B is”;
(d)
“(a)
by virtue of an order made under section 150 of the Administration Act (annual up-rating of benefits)45, there is an increase in the weekly rate which, in accordance with regulation 10(3) (transitional addition: incapacity benefit or severe disablement allowance), is to be used to calculate Amount A; and”;
(e)
in paragraph (4)(a), for “paragraph (3)(a)(i) or (ii)” substitute “paragraph (3)(a)”;
(f)
in paragraphs (3) and (4), omit “or C” and “or applicable amount (as the case may be)”.
12.
In regulation 13(3) (the effective date of a conversion decision), omit “or awards”.
13.
(a)
in paragraph (1)—
(i)
for “Subject to paragraph (2A), paragraphs (2) to (6)” substitute “Paragraphs (2) to (5)”;
(ii)
for “or awards qualify” substitute “qualifies”;
(b)
“(2)
On the effective date of the conversion decision P’s existing award is by virtue of this paragraph converted into, and shall have effect on and after that date as, a single award of an employment and support allowance of such amount as is specified in the conversion decision.”;
(c)
omit paragraphs (2A), (2B) and (6);
(d)
in paragraph (4), omit “or awards”;
(e)
“(7)
In this regulation paragraphs (2) to (5) are subject to regulation 17 (changes of circumstances before the effective date).”.
14.
(a)
in paragraph (1)—
(i)
for “Subject to paragraphs (2A) and (4), paragraphs (2), (3) and (6)” substitute “Subject to paragraph (4), paragraphs (2) and (3)”;
(ii)
for “or awards do” substitute “does”;
(b)
“(2)
P’s entitlement to an existing award of incapacity benefit or severe disablement allowance shall terminate by virtue of this paragraph immediately before the effective date of P’s conversion decision.”;
(c)
omit paragraphs (2A), (2B) and (6);
(d)
in paragraph (4)(a)—
(i)
for “the 2008 Regulations” substitute “the ESA Regulations”;
(ii)
in paragraph (i), for “regulation 22(1) (failure to provide information or evidence requested in relation to limited capability for work)” substitute “regulation 18(1) (failure to provide information in relation to limited capability for work)”;
(iii)
in paragraph (ii), for “regulation 23(2) (failure to attend for a medical examination to determine whether the claimant has limited capability for work)” substitute “regulation 19(2) (claimant may be called for a medical examination to determine whether the claimant has limited capability for work)”;
(e)
in paragraph (5)—
(i)
in sub-paragraph (c), omit “or awards”;
(ii)
in sub-paragraph (d), omit “or those existing awards”;
(f)
“(7)
In this regulation paragraphs (2) and (3) are subject to regulation 17 (changes of circumstances before the effective date).”.
15.
(a)
in paragraph (1A)(b), for “regulation 145(1) of the 2008 Regulations” substitute “regulation 86 of the ESA Regulations”;
(b)
in paragraph (2)(e)(ii), for “the 2008 Regulations” substitute “the ESA Regulations”;
(c)
in paragraph (2)(e)(iii), omit “(being regulations consequentially amended by regulations made under Part 1 of the 2007 Act)”.
16.
(a)
omit “or awards” in both places where it occurs;
(b)
in paragraph (a)(ii)—
(i)
omit “regulation 14(2B)(a) (termination of an existing award of incapacity benefit or severe disablement allowance where entitlement to award of income support continues),”;
(ii)
for “(termination of existing awards which do not qualify for conversion)” substitute “(termination of an existing award which does not qualify for conversion)”;
(c)
omit paragraph (c).
17.
“(2)
For the purposes of paragraph (1), a relevant increase is an increase in any amount applicable to the person under regulation 62(1) or (2) of the ESA Regulations, which is not excluded by paragraph (3).”.
18.
(a)
in paragraph (1)(b)—
(i)
for “, (3), (3A) and (4)” substitute “, (3) and (3A)”and (4)”;
(ii)
omit “an employment and support allowance (entitlement to which arises from sections 1(2)(a) or 1(2)(b) of the 2007 Act), or to” and “or to an income-related allowance”;
(b)
omit paragraph (4);
(c)
in paragraph (5)(a), for “regulation 145(1) of the 2008 Regulations (linking rules)” substitute “regulation 86 of the ESA Regulations (linking period)”;
(d)
in paragraph (5)(c)(ii), for “regulation 30 of the 2008 Regulations” substitute “regulation 26 of the ESA Regulations”;
(e)
in paragraph (5A)(c), for “regulation 145(1) of the 2008 Regulations (linking rules)” substitute “regulation 86 of the ESA Regulations (linking period)”;
(f)
omit paragraph (6);
(g)
in paragraph (7)—
(i)
for “, 1A and 2” substitute “and 1A”;
(ii)
omit “or additions, as the case may be,” in both places where it occurs;
(iii)
for “an allowance which is referred to in paragraph (1)(b)” substitute “a contributory allowance”.
19.
In regulation 22 (disapplication of certain enactments following conversion decision), omit paragraphs (c) and (d).
20.
In Schedule 1 (modification of enactments: making conversion decisions)—
(a)
“(2)
Subject to the provisions of this Part, a notified person is entitled to an employment and support allowance if the person satisfies the basic conditions and is entitled to an existing award of incapacity benefit or severe disablement allowance.”;
(b)
(c)
in the heading to Part 2, for “the 2008 Regulations” substitute “the ESA Regulations”;
(d)
(e)
(f)
(g)
(h)
in the sub-heading to Part 3, for “Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”;
(i)
(i)
for “Regulation 32 of the Social Security (Claims and Payments) Regulations 1987” substitute “Regulation 38 of the Claims and Payments Regulations”;
(ii)
in sub-paragraph (a), for “paragraph (1)” substitute “paragraph (2)”;
(iii)
in sub-paragraph (b), for “paragraph (1A)” substitute “paragraph (3)”.
21.
(1)
Schedule 2 (modification of enactments: after the conversion phase) is amended as follows.
(2)
In paragraph 2—
(a)
(i)
in paragraph (a), for “or awards into a single award of an employment and support allowance;” substitute “into an award of an employment and support allowance; and”;
(ii)
omit paragraph (c) and for “; and” at the end of paragraph (b) substitute “,”;
(b)
in sub-paragraph (b) in the modified section 1(7)—
F1(i)
“employment and support allowance” means an employment and support allowance to which a person is entitled by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit)(Existing Awards)(No.2) Regulations 2010 which was based on an award of incapacity benefit or severe disablement allowance to which the person was entitled.”,
and for “; and” following that definition substitute “
.
”
;
(ii)
omit the definition of “income-related allowance”.
F2(2A)
In paragraph 2A—
(a)
in paragraph (1), omit “contributory”; and
(b)
in paragraph (2), in the substituted section 1A—
(i)
in paragraphs (1) and (3) to (5), for “ a contributory allowance” substitute “
an employment and support allowance
”
; and
(ii)
in paragraph (3), omit “Part 1 of”.
(3)
(4)
(5)
(a)
in sub-paragraph (a), after paragraph (iv) insert “and”;
(b)
in sub-paragraph (b), for “; and” substitute “.”;
(c)
omit sub-paragraph (c).
(6)
In the heading to Part 3, for “the 2008 Regulations” substitute “the ESA Regulations”.
(7)
(8)
(9)
“11.
Regulation 39 (exempt work) is to be read as if, in the definition of “work period” in paragraph (6), after “referred to in paragraph (1)(c)”, in both places where it occurs, there were inserted“, or any work done in accordance with regulation 17(4)(a) of the Social Security (Incapacity for Work)(General) Regulations 199566,”.
(10)
“12.
Regulation 62 (prescribed amounts) is to be read as if, in paragraph (1), for sub-paragraphs (a) and (b) there were substituted—“(a)
(i)
where the claimant satisfies the conditions set out in section 2(2) or (3) of the Act, £71.70; or
(ii)
where the claimant does not satisfy the conditions set out in section 2(2) or (3) of the Act—
(aa)
where the claimant is aged not less than 25, £71.70; or
(bb)
where the claimant is aged less than 25, £56.80; and
(b)
the amount of any transitional addition to which the person is entitled under regulation 10 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010.”.
(11)
(12)
(a)
for “Regulation 75” substitute “Regulation 68”;
(b)
for “paragraph 38” substitute “paragraph 11”.
(13)
In paragraph 15—
(a)
(b)
(i)
in the description of the number of the regulation, for “147A.—” substitute “87.—”;
(ii)
in paragraph (2), for “regulation 19” substitute “regulation 15”;
(iii)
in paragraph (4)(a), for “regulation 22 or 23” substitute “regulation 18 or 19”;
(iv)
for “regulation 30”, in all places where it occurs, substitute “regulation 26”;
(v)
in paragraph (5)(c), for the words from “, struck out” to “(notice of appeal)”, substitute “or struck out”;
(vi)
in paragraph (5A), for “either—” and sub-paragraphs (a) and (b), substitute “receives the First-tier Tribunal’s notification that the appeal is dismissed, withdrawn or struck out.”.
(14)
(15)
In the sub-heading before paragraph 17, for “Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”.
(16)
(17)
“18.
Regulation 7 (claims not required for entitlement to an employment and support allowance in certain cases) is to read as if—
(a)
the existing provisions were renumbered as paragraph (1);
(b)
after paragraph (1) there were inserted—
“(2)
It is also not to be a condition of entitlement to an employment and support allowance that a claim be made for it where any of the following conditions are met—
(a)
the claimant—
(i)
has made and is pursuing an appeal against a conversion decision made by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 which embodies a determination that the beneficiary does not have limited capability for work; or
(ii)
was entitled to an employment and support allowance by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 and has made and is pursuing an appeal against a later decision which embodies a determination that the claimant does not have limited capability for work; or
(b)
the claimant is entitled to an existing award which is subject to conversion under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010.”.
(18)
(19)
(a)
for “regulation 32(1B)” substitute “regulation 38(4)”;
(b)
in sub-paragraph (a), for the words “sub-paragraph (a)” substitute “sub-paragraph (b)”;
(c)
in sub-paragraph (b), for “(ab)” substitute “(bb)”.
(20)
(21)
(22)
(23)
(24)
(25)
(26)
In the sub-heading before paragraph 25A, for “Social Security and Child Support (Decisions and Appeals) Regulations 1999” substitute “Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013”.
(27)
(a)
in sub-paragraph (1), for “Regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision of decisions)” substitute “Regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (revision on any grounds)”;
(b)
in sub-paragraph (1)(b), for “paragraph (9)(a)” substitute “paragraphs (2)(a) and (b)”;
(c)
“(c)
in paragraph (2)(a), for “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payment Regulations 2013” there were substituted, “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payment Regulations 2013 or a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010”.”;
(d)
“(2)
Regulation 23(1)(a) of those Regulations (change of circumstances) is to be read as if for “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013” there were substituted “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013 or a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010".”.
(28)
22.
In Schedule 3—
(a)
for “The Social Security (Claims and Payments) Regulations 1987” substitute “the Claims and Payments Regulations”;
(b)
for “ The Social Security and Child Support (Decisions and Appeals) Regulations 1999” substitute “the Decisions and Appeals Regulations”.