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

Provisions that apply in connection with the abolition of income-related employment and support allowance and income-based jobseeker’s allowance under article 4

5.—(1) For the purposes of article 4(2)(a), the Claims and Payments Regulations 1987 apply for the purposes of deciding—

(a) whether a claim for an employment and support allowance or a jobseeker’s allowance is made or is to be treated as made; and

(b) the day on which the claim is made or is to be treated as made.

(2) For the purposes of article 4(2)(a), in determining whether a person falls within the Pathfinder Group, the requirements of regulations 5 to 12 of the Transitional Regulations are to be read as though any reference to making a claim for universal credit included a reference to making a claim for an employment and support allowance or for a jobseeker’s allowance as the case may be.

(3) For the purposes of article 4(2)(a) to (d), the Claims and Payments Regulations 2013 apply for the purpose of deciding—

(a) whether a claim for universal credit is made or is to be treated as made; and

(b) the day on which the claim is made or is to be treated as made.

(4) For the purposes of article 4(3)(a)—

(a) in the case of a claim for universal credit, where the time for making a claim is extended under regulation 26(2) of the Claims and Payments Regulations 2013 (time within which a claim for universal credit is to be made), the reference to the first day of the period in respect of which the claim is made or treated as made is a reference to the first day of the period in respect of which the claim is, by reason of the operation of that provision, timeously made or treated as made;

(b) in the case of a claim for an employment and support allowance or a jobseeker’s allowance, where the time for making a claim is extended under regulation 19 of, and Schedule 4 to, the Claims and Payments Regulations 1987(1), the reference to the first day of the period in respect of which the claim is made or treated as made is a reference to the first day of the period in respect of which the claim is, by reason of the operation of those provisions, timeously made or treated as made.

(1)

Relevant amendments to regulation 19 were made by 1997/2290, 1999/2572, 1999/3108, 2000/1982, 2000/2978, 2002/428, 2002/1397 and 2006/2377. Relevant amendments to Schedule 4 were made by S.I. 1996/1460 and 2008/1554.