The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

PART 1 E+W+S General

Citation and commencement E+W+S

1.—(1) These Regulations may be cited as the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013.

(2) For the purpose of personal independence payment these Regulations come into force on 8th April 2013.

(3) For the purposes of universal credit, jobseeker's allowance and employment and support allowance these Regulations come into force on 29th April 2013.

Interpretation E+W+S

2.  In these Regulations—

“the 1991 Act” means the Child Support Act 1991 M1 ;

“the 2012 Act” means the Welfare Reform Act 2012 M2 ;

“the Administration Act” means the Social Security Administration Act 1992;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 M3 ;

“the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 2013 M4 ;

“the Personal Independence Payment Regulations” means the Social Security (Personal Independence Payment) Regulations 2013 M5 ;

“the Universal Credit Regulations” means the Universal Credit Regulations 2013 M6 ;

“appropriate office” means—

(a)

an office of the Department for Work and Pensions or any other place designated by the Secretary of State in relation to any case or class of case as a place to, or at which, any claim, notice, document, evidence or other information may be sent, delivered or received for the purposes of these Regulations and includes a postal address specified by the Secretary of State for that purpose; or

(b)

in the case of a person who is authorised or required by these Regulations to use an electronic communication for any purpose, an address to which such communications may be sent in accordance with Schedule 2;

“assessment period” has the meaning given by regulation 21 of the Universal Credit Regulations;

“attendance allowance” means an allowance payable by virtue of section 64 of the Contributions and Benefits Act;

“benefit”, except in regulation 60 and Schedules 5 and 6, means universal credit, personal independence payment, a jobseeker's allowance or an employment and support allowance;

“child” has the meaning given by section 40 of the 2012 Act;

“claimant” in relation to—

(a)

universal credit, has the meaning given by section 40 of the 2012 Act;

(b)

personal independence payment, means any person who is a claimant for the purposes of regulations made under Part 4 (personal independence payment) of that Act;

(c)

a jobseeker's allowance, has the meaning given by section 35(1) of the Jobseekers Act 1995 M7 ; and

(d)

an employment and support allowance, has the meaning given by section 24(1) of the Welfare Reform 2007 Act M8 ;

“couple” has the meaning given by section 39 of the 2012 Act;

“disability living allowance” means an allowance payable by virtue of section 71 of the Contributions and Benefits Act;

“earned income” has the meaning given by regulation 52 of the Universal Credit Regulations;

“electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000 M9 ;

“employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance;

“jobseeker's allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance;

“limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act 2007;

“local authority” has the meaning given by section 191 of the Administration Act M10 ;

“maternity allowance” means an allowance payable by virtue of section 35 of the Contributions and Benefits Act;

“official computer system” means a computer system maintained by or on behalf of the Secretary of State to—

(a)

send or receive any claim or information; or

(b)

process or store any claim or information;

“partner” means one of a couple;

“personal independence payment” means the allowance under Part 4 of the 2012 Act;

“qualifying young person” has the meaning given by regulation 5 of the Universal Credit Regulations;

“regular and substantial caring responsibilities for a severely disabled person” has the meaning given by regulation 30 of the Universal Credit Regulations;

“universal credit” means the benefit under Part 1 of the 2012 Act;

“writing” includes writing produced by means of electronic communications used in accordance with Schedule 2.

Marginal Citations

M1 1991 c.48.

M2 2012 c.5.

M3 1992 c.4.

M4 S.I. 2013/378.

M5 S.I. 2013/377.

M6 S.I. 2013/376.

M7 1995 c.18.

M8 2007 c.5.

M9 2000 c.7.

M10 The definition of “local authority” in section 191 of the Administration Act was amended by paragraph 94 of Schedule 16 to the Local Government (Wales) Act 1994 (c.19) and by paragraph 175(5)(b) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39).

Use of electronic communications E+W+S

3.  Schedule 2 makes provision as to the use of electronic communications.

Consequential amendments E+W+S

4.  Schedule 3 makes amendments to other regulations which are consequential upon these Regulations.

Disapplication of section 1(1A) of the Administration Act E+W+S

5.  Section 1(1A) M11 of the Administration Act (requirements in respect of a national insurance number) is not to apply to a child or a qualifying young person in respect of whom universal credit is claimed.

Marginal Citations

M11 Section 1(1A) of the Administration Act was inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (c.47).