The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance

4.—(1) The day appointed for the coming into force of the amending provisions, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 8 relevant districts and meets the gateway conditions;

(b) a claim for universal credit that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 8 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

(c) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 9 relevant districts and meets the gateway conditions;

(d) a claim for universal credit that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 9 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

(e) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 10 relevant districts and meets the gateway conditions;

(f) a claim for universal credit that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 10 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

(g) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 11 relevant districts and meets the gateway conditions;

(h) a claim for universal credit that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 11 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

(i) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 12 relevant districts and meets the gateway conditions;

(j) a claim for universal credit that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 12 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

(k) a claim for universal credit, an employment and support allowance or a jobseeker’s allowance that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 13 relevant districts and meets the gateway conditions;

(l) a claim for universal credit that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 13 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

(m) a claim for an employment and support allowance or a jobseeker’s allowance that does not fall within sub-paragraph (a), (c), (e), (g), (i) or (k) and that is made during the relevant period by a claimant of universal credit who has made a claim for universal credit within one of sub-paragraphs (a) to (l).

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) For the purposes of paragraph (2)(m), “relevant period” means, in relation to a claim for universal credit within paragraph (2)(a) to (l), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

(5) For the purposes of paragraph (4), a “UC claim period” is a period when—

(a) a claim for universal credit within paragraph (2)(a), (b)(i), (c), (d)(i), (e), (f)(i), (g), (h)(i), (i), (j)(i), (k) or (l)(i) has been made but a decision has not yet been made on the claim; or

(b) a decision has been made that the claimant is not entitled to universal credit and—

(i) the Secretary of State is considering whether to revise that decision under section 9 of the Social Security Act 1998, whether on an application made for that purpose, or on the Secretary of State’s own initiative; or

(ii) the claimant has appealed against that decision to the First-tier Tribunal and that appeal or any subsequent appeal to the Upper Tribunal or to a court has not been finally determined.

(6) Paragraphs (6) and (7) of article 4 of the No. 9 Order(1) apply in relation to a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply in relation to a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order (and any award that is made in respect of the claim).

(7) Article 5(1) of the No. 9 Order(2) applies for the purposes of paragraph (2)(a), (c), (e), (g), (i) and (k) as it applies for the purposes of article 4(2)(a) of the No. 9 Order.

(8) Paragraphs (5) to (7) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (a), (c), (e), (g), (i), (k) and (m) of paragraph (2) as they apply for the purposes of sub-paragraphs (a) and (g) of article 4(2) of the No. 9 Order.

(9) Article 5(8) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 4(3)(a) of the No. 9 Order.

(1)

Article 4 was substituted by S.I. 2014/1452 (C. 56).

(2)

Article 5 was substituted by S.I. 2014/1452 (C. 56).