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 3

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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 3:

art. 3(3) amended by S.I. 2018/138 art. 3(1)art. 3(2)(b)(c)
art. 3(6) applied by S.I. 2015/101 art. 3(4)
art. 3(6) applied by S.I. 2015/1537 art. 3(4)
art. 3(6) applied by S.I. 2015/1930 art. 3(4)
art. 3(6) applied by S.I. 2015/33 art. 3(4)
art. 3(6) applied by S.I. 2015/634 art. 3(4)
art. 3(6) applied by S.I. 2016/33 art. 3(4)
art. 3(6) applied by S.I. 2016/407 art. 3(4)
art. 3(6) applied by S.I. 2019/167 art. 4(4)

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

Order amended by S.I. 2015/634 art. 8(1)(3)

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

Sch. 5 para. 7(e) amended by S.I. 2015/1537 art. 5(1)art. 5(2)(a)
Sch. 5 para. 3 amended by S.I. 2015/32 art. 3(1) 4(5)(a)
Sch. 5 para. 4 amended by S.I. 2015/32 art. 3(3) 5(a)
Sch. 5 para. 6 amended by S.I. 2015/32 art. 3(1) 4(5)(b)
Sch. 5 para. 7 amended by S.I. 2015/32 art. 3(3) 5(b)
Sch. 5 amended by S.I. 2018/138 art. 3(1)art. 3(2)(k)
Sch. 5 modified by S.I. 2015/101 art. 2(2)-(4)
art. 3A amended by S.I. 2018/138 art. 3(1)art. 3(2)(d)-(f)
art. 3A applied by S.I. 2015/101 art. 3(5)
art. 3A applied by S.I. 2015/1537 art. 3(5)
art. 3A applied by S.I. 2015/1930 art. 3(5)
art. 3A applied by S.I. 2015/33 art. 3(5)
art. 3A applied by S.I. 2015/634 art. 3(5)
art. 3A applied by S.I. 2016/33 art. 3(5)
art. 3A applied by S.I. 2016/407 art. 3(5)
art. 5(8) applied by S.I. 2019/167 art. 4(9)
art. 5A amended by S.I. 2015/634 art. 8(4)(5)
art. 5A revoked by S.I. 2022/752 Sch. para. 2(2)
art. 5A(1) words inserted by S.I. 2017/483 art. 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 inserted by S.I. 2017/483 art. 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)

Day appointed for commencement of the universal credit provisions in Part 1 of the Act

3.—(1) 29th April 2013 is the day appointed for the coming into force of—

(a)sections 29 (delegation and contracting out), 37(1), (2), (8) and (9) (capability for work or work-related activity), 38 (information) and 39(1), (2), (3)(b) and (c) (couples) of the Act;

(b)the following paragraphs of Schedule 2 to the Act (universal credit: amendments) and section 31 of the Act (supplementary and consequential amendments) in so far as it relates to those paragraphs, in so far as they are not already in force—

(i)paragraphs 1, 2, 32 to 35, 37 to 42, 52 to 55 and 65;

(ii)paragraphs 4, 8, 10 to 23, 25 and 27 to 31 and paragraph 3 in so far as it relates to those paragraphs; and

(iii)paragraphs 44, 45, 47, 49, 50(2) and 50(1) in so far as it relates to 50(2), and paragraph 43 in so far as it relates to those paragraphs and sub-paragraphs; and

(c)paragraph 1 of Schedule 5 to the Act (universal credit and other working-age benefits) and section 35 of the Act in so far as it relates to that paragraph.

(2) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (3)(a) to (d) and any award that is made in respect of such a claim, and in relation to the case of an award referred to in paragraph (3)(e) or (f), is the day appointed in accordance with paragraph (4).

[F1(3) The claims and awards referred to are—

(a)a claim for universal credit where, on the date on which the claim is made, the claimant resides in one of the relevant districts and meets the gateway conditions;

[F2(b)a claim for universal credit where—

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a relevant district or meeting the gateway conditions and the claimant does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made;

(ii)in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district or meeting the gateway conditions and one or both of them does not or do not reside in such a district or does not or do not meet those conditions on the date on which the claim is made; and

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

(c)a claim for universal credit that is treated as made by a couple in the circumstances referred to in regulation 9(8) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple) where the claim complies with paragraph (7);

[F3(d)a claim for universal credit by a former member of a couple who were joint claimants of universal credit, whether or not the claim is made jointly with another person, where the former member is not exempt from the requirement to make a claim by virtue of regulation 9(6) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple), where the claim is made during the period of one month starting with the date on which notification is given to the Secretary of State that the former joint claimants have ceased to be a couple, and where the claim complies with paragraph (8);]

(e)an award of universal credit that is made without a claim in the circumstances referred to in regulation 6(1) or (2) of the Claims and Payments Regulations 2013 (claims not required for entitlement to universal credit in some cases) where the circumstances referred to in paragraph (9) apply; and

(f)an award of universal credit that is made without a claim in the circumstances referred to in regulation 9(6), (7) or (10) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple) where the circumstances referred to in paragraph (9) apply.]

(4) The day appointed in relation to the cases of the claims and awards referred to in paragraph (2) is—

(a)in the case of a claim referred to in paragraph (3)(a) to (d), the first day of the period in respect of which the claim is made or treated as made;

(b)in the case of an award referred to in paragraph (3)(e) or (f), the first day on which a person is entitled to universal credit under that award.

F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of paragraph (4)(a), where the time for making a claim for universal credit is extended under regulation 26(2) of the Claims and Payments Regulations 2013, 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.

[F5(7) A claim that is treated as made by a couple in the circumstances referred to in regulation 9(8) of the Claims and Payments Regulations 2013 complies with this paragraph where, on the date on which the claim is treated as made, the member of the couple who did not previously have an award of universal credit F6... is not entitled to state pension credit.

(8) A claim by a former member of a couple that is made in the circumstances referred to in paragraph (3)(d) complies with this paragraph where, on the date on which the claim is made, [F7neither the former member nor his or her partner (if any) is entitled to state pension credit].

(9) The circumstances referred to are where the relevant person is not entitled to state pension credit and, save where an award of universal credit is made in the circumstances referred to in regulation 9(7) of the Claims and Payments Regulations 2013, his or her partner (if any) is not entitled to [F8state pension credit].

(10) For the purposes of paragraph (9), “relevant person” means—

(a)where an award of universal credit is made in the circumstances referred to in regulation 6(1) or (2) of the Claims and Payments Regulations 2013, the former claimant referred to in that regulation 6(1);

(b)where an award of universal credit is made in the circumstances referred to in paragraph (6) of regulation 9 of the Claims and Payments Regulations 2013, [F9as that paragraph has effect apart from the amendments made by the Digital Service Regulations 2014,] the member of the former couple referred to in that paragraph;

[F10(ba)where an award of universal credit is made in the circumstances referred to in paragraph (6) of regulation 9 of the Claims and Payments Regulations 2013, as that paragraph has effect as amended by the Digital Service Regulations 2014, the former joint claimant of universal credit to whom a new award of universal credit is made as referred to in sub-paragraph (a) or (b) of that paragraph;]

(c)where an award of universal credit is made in the circumstances referred to in paragraph (7) of regulation 9 of the Claims and Payments Regulations 2013, each of the joint claimants referred to in that paragraph;

(d)where an award of universal credit is made in the circumstances referred to in paragraph (10) of regulation 9 of the Claims and Payments Regulations 2013, the surviving partner referred to in that paragraph.

[F11(10A) In paragraph (3)—

(a)in sub-paragraph (c), the reference to regulation 9(8) of the Claims and Payments Regulations 2013 is a reference to that provision both as it has effect as amended by the Digital Service Regulations 2014 and as it has effect apart from that amendment;

(b)in sub-paragraph (d), the reference to regulation 9(6) of the Claims and Payments Regulations 2013 is a reference to that provision as it has effect apart from the amendment made by the Digital Service Regulations 2014;

(c)in sub-paragraph (f), the reference to regulation 9(6) of the Claims and Payments Regulations 2013 is a reference to that provision both as it has effect as amended by the Digital Service Regulations 2014 and as it has effect apart from that amendment.]

(11) For the purposes of paragraphs (8) and (9), “partner” means a person who forms part of a couple with the person in question, where “couple” has the same meaning as it has in section 39 of the Act.]

Textual Amendments

F1Art. 3(3) substituted (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), arts. 3, 5(1)(a)

F2Art. 3(3)(b) substituted (28.7.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 4(3)(a)

F3Art. 3(3)(d) substituted (28.7.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 4(3)(b)

F4Art. 3(5) 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), arts. 3, 5(1)(b)

F5Art. 3(7)-(11) 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), arts. 3, 5(1)(c)

F6Words in art. 3(7) omitted (26.11.2014 for specified purposes) by virtue of The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 7(1)(2)(b)(i)(3)

F7Words in art. 3(8) substituted (26.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 7(1)(2)(b)(ii)(3)

F8Words in art. 3(9) substituted (26.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 7(1)(2)(b)(iii)(3)

F9Words in art. 3(10)(b) inserted (26.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 7(1)(2)(b)(iv)(3)

F10Art. 3(10)(ba) inserted (26.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 7(1)(2)(b)(v)(3)

F11Art. 3(10A) inserted (26.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 7(1)(2)(b)(vi)(3)