- Latest available (Revised)
- Original (As made)
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
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Changes over time for: Section 4
Changes to legislation:
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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 4:
- art. 4 amended by S.I. 2015/32 art. 3(1) 4(3)
- art. 4 amendment to earlier affecting provision S.I. 2019/1152, reg. 5(1) by S.I. 2020/826 reg. 2(2)
- art. 4 applied in part by S.I. 2014/3094 art. 4(6)
- art. 4 applied in part by S.I. 2015/101 art. 4(6)
- art. 4 applied in part by S.I. 2015/1537 art. 4(6)
- art. 4 applied in part by S.I. 2015/1930 art. 4(6)
- art. 4 applied in part by S.I. 2015/33 art. 4(6)
- art. 4 applied in part by S.I. 2015/634 art. 4(6)
- art. 4 applied in part by S.I. 2016/33 art. 4(6)
- art. 4 applied in part by S.I. 2016/407 art. 4(6)
- art. 4 applied in part by S.I. 2019/167 art. 4(8)
- art. 4 modified by S.I. 2019/1152 reg. 5(1)
- art. 4(2) amended by S.I. 2018/138 art. 3(1)art. 3(2)(g)(h)
- art. 4(2)(c) words omitted by S.I. 2014/3094 art. 7(1)art. 7(2)(c)(i)(3)
- art. 4(6)(7) applied by S.I. 2014/2321 art. 4(6)
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. 3(10)(ba) inserted by S.I. 2014/3094 art. 7(1)art. 7(2)(b)(v)(3)
- art. 3(10A) inserted by S.I. 2014/3094 art. 7(1)art. 7(2)(b)(vi)(3)
- 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. 4(8) inserted by S.I. 2014/3094 art. 7(1)art. 7(2)(c)(ii)(3)
- art. 5-(1B) substituted for art. 5(1) by S.I. 2014/3067 art. 3 6(2)(b)
- 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 the abolition of income-related employment and support allowance and income-based jobseeker’s allowance
[F14.—(1) The day appointed for the coming into force of—
(a)section 33(1)(a) and (b) and (2) of the Act (abolition of benefits);
(b)paragraphs 22 to 26 of Schedule 3 to the Act (abolition of benefits: consequential provisions) and section 33(3) of the Act in so far as it relates to those paragraphs; and
(c)the repeals in Part 1 of Schedule 14 to the Act (abolition of benefits superseded by universal credit) that are referred to in Schedule 3,
in relation to the case of a claim referred to in paragraph (2)(a) to (d) and (g) 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 (2)(e) and (f), is the day appointed in accordance with paragraph (3).
(2) The claims and awards referred to are—
(a)a claim for universal credit, an employment and support allowance or a jobseeker’s allowance where, on the date on which the claim is made [F2or treated as made], the claimant—
(i)resides in one of the relevant districts; and
(ii)meets the gateway conditions;
[F3(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 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 those 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 article 3(7) and the Secretary of State is of the view referred to in article 5(2);
[F4(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 article 3(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 article 3(9) apply;
(f)an award of universal credit that is made without a claim in the circumstances referred to in regulation 9(6), (7) or (10) the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple) where the circumstances referred to in article 3(9) apply; and
(g)a claim for an employment and support allowance or a jobseeker’s allowance [F5other than one referred to in sub-paragraph (a) that is made or treated as made]—
(i)during the relevant period by a single claimant of universal credit or, in the case of joint claimants of universal credit, by either of the joint claimants, where the single claimant has made or the joint claimants have made, or been treated as having made, a claim for universal credit within sub-paragraphs (a) to (d);
(ii)during the relevant period by a single claimant of universal credit or, in the case of joint claimants of universal credit, by either of the joint claimants, where the single claimant has been awarded, or the joint claimants have been awarded, universal credit without a claim within sub-paragraph (e) or (f);
(iii)by a person who is entitled to make a claim for universal credit in the circumstances referred to in sub-paragraph (d) but has not yet done so; or
(iv)by a person who may be entitled to an award of universal credit in the circumstances referred to in sub-paragraph (e) or (f) but where no decision has yet been made as to the person’s entitlement.
(3) Subject to paragraph (4), the day appointed in relation to the cases referred to in paragraph (2) is—
(a)in the case of a claim referred to in paragraph (2)(a) to (d) and (g), the first day of the period in respect of which the claim is made or (in the case of a claim for universal credit) treated as made;
(b)in the case of an award referred to in paragraph (2)(e) or (f), the first day on which a claimant is entitled to universal credit under that award.
(4) In relation to the case of a claim referred to in paragraph (2)(c) (claim for universal credit treated as made by a couple), where the member of the couple referred to in regulation 9(8)(b) of the Claims and Payments Regulations 2013 (“new claimant partner”) was entitled during the prior period to an old style ESA award or an old style JSA award, the new claimant partner was at that time a member of a couple and the award included an amount in respect of the new claimant partner and his or her partner (“P”), the day appointed in relation to that case is the day after the day on which the new claimant partner and P ceased to be a couple for the purposes of the ESA Regulations 2008 or the JSA Regulations 1996 as the case may be.
(5) For the purposes of paragraph (4), the “prior period” means the period beginning with the first day of the period for which the claim for universal credit is treated as made and ending with the day before the day on which the claim for universal credit is treated as made.
(6) In paragraph (1), the reference to the case of a claim for universal credit referred to in paragraph (2)(a) to (d) (and any award made in respect of the claim), or of an award of universal credit referred to in paragraph (2)(e) and (f), includes a reference to—
(a)a case where a notice under regulation 4 of the 2010 Transitional Regulations (the notice commencing the conversion phase in relation to an award of incapacity benefit or severe disablement allowance) is issued to a single claimant or in the case of joint claimants, either of those claimants, during the designated period;
(b)where sub-paragraph (a) does not apply, a case where a conversion decision is made during that period in relation to an award of incapacity benefit or severe disablement allowance to which a single claimant or in the case of joint claimants, either of those claimants, is entitled; and
(c)where sub-paragraphs (a) and (b) do not apply, a case where the effective date of a conversion decision in relation to such an award occurs during that period (where “effective date” has the same meaning as in the 2010 Transitional Regulations),
and any award of an employment and support allowance that is made consequent on a conversion decision that relates to the notice referred to in sub-paragraph (a), the conversion decision referred to in sub-paragraph (b) or the conversion decision referred to in sub-paragraph (c), as the case may be.
(7) For the purposes of paragraph (6), the designated period means—
(a)in relation to a claim for universal credit referred to in paragraph (2)(a), (b)(i) [F6, (ii)] or (d), any period when a decision has not yet been made on the claim;
(b)in relation to a claim for universal credit that is treated as made as referred to in paragraph (2)(c), any period when no decision has yet been made as to the joint claimants’ entitlement;
(c)any period, subsequent to the period referred to in sub-paragraph (a) or (b), when the single claimant or joint claimants is or are entitled to an award of universal credit in respect of the claim; and
(d)in relation to an award of universal credit referred to in paragraph (2)(e) or (f), any period when the single claimant or joint claimants to whom the award was made is or are entitled to that award.]
Textual Amendments
F1Art. 4 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, 6
F2Words in art. 4(2)(a) inserted (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(5)(a)
F3Art. 4(2)(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(5)(b)
F4Art. 4(2)(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(5)(c)
F5Words in art. 4(2)(g) 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(5)(d)
F6Words in art. 4(7)(a) inserted (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(5)(e)
Modifications etc. (not altering text)
C1Art. 4(6)(7) applied (16.6.2014 for specified purposes) by SI 2013/1511 art. 4 (as amended 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, 18(1)(4))
C2Art. 4(6)(7) applied (16.6.2014) by The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583), art. 4(6)
C3Art. 4(6)(7) applied (16.6.2014 for specified purposes) by SI 2014/209 art. 4 (as amended 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, 21(1)(4))
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.