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

Changes over time for: Section 13

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to 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. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Article 13:

Sch. 5 amended by S.I. 2018/138 art. 3(1)art. 3(2)(k)
art. 3A amended by S.I. 2018/138 art. 3(1)art. 3(2)(d)-(f)
art. 5(8) applied by S.I. 2019/167 art. 4(9)
art. 5A revoked by S.I. 2022/752 Sch. para. 2(2)
art. 5A(1) words inserted by S.I. 2019/10 reg. 3(1)
art. 5A(1) words inserted by S.I. 2019/167 art. 5(2)(a)
art. 5A(1) words omitted by S.I. 2019/27 reg. 4(1)
art. 5A(1) words omitted by S.I. 2022/302 Sch. para. 1(2)
art. 6(1)(e)(ii) and word omitted by S.I. 2022/752 Sch. para. 2(3)
art. 6(1)(e)(ii) words omitted by S.I. 2022/302 Sch. para. 1(3)
art. 6(1)(e)(ii) words substituted by S.I. 2019/167 art. 5(2)(b)
art. 9-22 applied by S.I. 2019/167 art. 4(12)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 5 amended by S.I. 2018/138 art. 3(1)art. 3(2)(k)
art. 3A amended by S.I. 2018/138 art. 3(1)art. 3(2)(d)-(f)
art. 5(8) applied by S.I. 2019/167 art. 4(9)
art. 5A revoked by S.I. 2022/752 Sch. para. 2(2)
art. 5A(1) words inserted by S.I. 2019/10 reg. 3(1)
art. 5A(1) words inserted by S.I. 2019/167 art. 5(2)(a)
art. 5A(1) words omitted by S.I. 2019/27 reg. 4(1)
art. 5A(1) words omitted by S.I. 2022/302 Sch. para. 1(2)
art. 6(1)(e)(ii) and word omitted by S.I. 2022/752 Sch. para. 2(3)
art. 6(1)(e)(ii) words omitted by S.I. 2022/302 Sch. para. 1(3)
art. 6(1)(e)(ii) words substituted by S.I. 2019/167 art. 5(2)(b)

[F1Transition from new style JSA

13.—(1) This article applies where a person—

(a)makes, or is treated as making, a claim for a jobseeker's allowance (whether or not as a member of a joint-claim couple) and the 1995 Act, as it has effect apart from the provisions of Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker's allowance, applies in relation to the claim; or

(b)has a new style JSA award and article 6(2) applies in relation to the award such that it continues as an old style JSA award,

and, in the case of sub-paragraph (a), the condition referred to in paragraph (2) is satisfied.

(2) the condition is that the person previously—

(a)made, or was treated as having made, a claim for a jobseeker's allowance and, under article 4, the 1995 Act, as amended by the provisions of Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker's allowance, applied in relation to the claim; or

(b)(i)had an old style JSA award immediately before the appointed day in relation to a case of a claim for universal credit referred to in article 4(2)(a) to (d) (and any award made in respect of the claim), or an award of universal credit referred to in article 4(2)(e) or (f); and

(ii)the old style JSA award consisted of or included a contributory employment and support allowance (which allowance therefore continued as a new style JSA award).

(3) Where this article applies, the JSA Regulations 1996 are to be read as if—

[F2(za)in regulation 11, the references in paragraph (2)(a) and (b) to a jobseeker’s allowance included a reference to new style JSA;]

(a)in regulation 14A (victims of domestic violence), for the purposes of paragraph (3)(b) of that regulation, a person had been treated as available for employment on a day (under paragraph (2) of that regulation) where regulation 15 of the JSA Regulations 2013 applied to that person on that day;

[F3(aa)in regulation 17A(7), in paragraph (a) of the definition of “benefit”, the reference to a jobseeker’s allowance included a reference to new style JSA;

(ab)in regulation 19(1)(r), the reference to a jobseeker’s allowance included a reference to new style JSA;]

(b)in regulation 46 (waiting days)—

(i)where a person was entitled to a new style JSA award with effect from the first day of a jobseeking period by virtue of regulation 36(1) of the JSA Regulations 2013 and, with effect from [F4a day between the second and the seventh day of that period (including the second and the seventh day)], that award continued as an old style JSA award in the circumstances referred to in paragraph (1)(b) of this article, the reference to a jobseeker's allowance in paragraph (1)(a) included a reference to the new style JSA award; and

(ii)the second reference to a jobseeker's allowance in paragraph (1)(d) included a reference to a new style JSA award;

(c)in regulation 47 (jobseeking period)—

(i)the jobseeking period in relation to a claimant included any period that, under regulation 37 of the JSA Regulations 2013 (jobseeking period) forms part of the jobseeking period for the purposes of the 1995 Act; and

(ii)in paragraph (4), the reference to any day that is to be treated as a day in respect of which the claimant was entitled to a contribution-based jobseeker's allowance included a reference to a day that, under regulation 37(3) of the JSA Regulations 2013 (jobseeking period), is to be treated as a day in respect of which the claimant was entitled to a jobseeker's allowance;

(d)in regulation 50 (persons temporarily absent from Great Britain), where a person had a new style JSA award in the circumstances referred to in paragraph (1)(b) of this article, the reference in paragraph (2)(b), (3)(a) and (c), (5)(a) and (c), (6AA)(a) and (6D)(b) to entitlement to a jobseeker's allowance included a reference to the new style JSA award; F5...

(e)in regulation 55 (short periods of sickness), after paragraph (5) there were inserted—

“(6) Where—

(a)a person has been treated under regulation 46(1) of the Jobseeker's Allowance Regulations 2013 as capable of work or as not having limited capability for work for a certain period; and

(b)these Regulations apply to that person with effect from a day (“the relevant day”) within that period,

the person is to be treated for the part of that period that begins with the relevant day as capable of work or as not having limited capability for work.

(7) Where paragraph (6) applies to a person and the conditions in paragraph (1)(a) to (c) are fulfilled in relation to that person on any day within the part of a period referred to in paragraph (6), the requirement of paragraph (1) to treat the person as capable of work or as not having limited capability for work is to be regarded as satisfied with respect to the fulfilment of those conditions on that day.

(8) For the purposes of paragraph (3), where paragraph (6) applies to a person, paragraph (3) is to apply to the person as though the preceding provisions of this regulation had applied to the person with respect to the person having been treated for a period, under regulation 46(1) of the Jobseeker's Allowance Regulations 2013 and paragraph (6), as capable of work or as not having limited capability for work.”.

[F6(f)in paragraphs 6(1) and 7(1) of Schedule 2 (housing costs), each reference to a jobseeker’s allowance included a reference to new style JSA; and

(g)in paragraph 13 of Schedule 2 (housing costs)—

(i)in paragraph (a) of sub-paragraph (1) (apart from sub-paragraph (ii)(bb) of that paragraph), each of the references to a jobseeker’s allowance included a reference to new style JSA;

(ii)in sub-paragraph (1)(b), the reference to a jobseeker’s allowance included a reference to new style JSA; and

(iii)in sub-paragraph (1)(c)(iv) and (f)(iii), the reference to the making of a claim for a jobseeker’s allowance included a reference to the making of a claim for a jobseeker’s allowance where the 1995 Act, as it has effect as amended by the amending provisions, applied to the claim and the new style JSA award that resulted from the claim continued as an old style JSA award by virtue of article 6 of this Order.]

(4) Where this article applies, the 1995 Act is to be read as though, in section 5 of the 1995 Act, the reference to a contribution-based jobseeker's allowance in subsection (1) and the first reference to a contribution-based jobseeker's allowance in subsection (2) included a reference to a new style JSA award.

(5) For the purposes of this article, “joint-claim couple” has the meaning given in section 1(4) of the 1995 Act.]

Textual Amendments

F1Art. 13 substituted (with application in accordance with art. 11(1) of the amending S.I.) by 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 (S.I. 2013/1511), art. 11(2)

F2Art. 13(3)(za) inserted (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), art. 12(1)(2)(a)

F3Art. 13(3)(aa)(bb) inserted (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), art. 12(1)(2)(b)

F4Words in art. 13(3)(b)(i) substituted (24.11.2014) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3067), art. 7(a)

F5Word in art. 13(3)(d) omitted (16.6.2014 for specified purposes) by virtue of The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), art. 12(1)(2)(c)

F6Art. 13(3)(f)(g) inserted (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), art. 12(1)(2)(c)

Modifications etc. (not altering text)

C1Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657), art. 6

C2Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2846), art. 5

C3Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209), art. 5