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 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

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Changes and effects yet to be applied to Article 5:

art. 5(1) omitted by S.I. 2018/138 art. 3(1)art. 3(2)(i)
art. 5(1A) words omitted by S.I. 2018/138 art. 3(1)art. 3(2)(j)
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)

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):

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)

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

[F15.—[F2(1) In determining, for the purposes of article 4(2)(a), whether a claim for an employment and support allowance or a jobseeker’s allowance meets the gateway conditions, Schedule 5 is to be read as though—

(a)any reference in that Schedule to making a claim for universal credit included a reference to making a claim for an employment and support allowance or a jobseeker’s allowance as the case may be; and

(b)the reference in paragraph 4 to a single claimant, or to joint claimants, of universal credit was a reference to a person who would be a single claimant of universal credit or to persons who would be joint claimants of universal credit, if the claimant of an employment and support allowance or a jobseeker’s allowance had made a claim for universal credit.

(1A) For the purposes of article 4(2)(a), where a claim for an employment and support allowance or a jobseeker’s allowance is made by a couple or a member of a couple, any reference in article 4(2)(a) or Schedule 5 (save in paragraph 4 of that Schedule) to “the claimant” is a reference to each member of the couple.

(1B) For the purposes of paragraph (1A), “couple” has the same meaning as it has in section 39 of the Act.]

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of article 4(2)(g), “relevant period” means—

(a)in relation to a claim for universal credit within article 4(2)(a) to (d), any UC claim period, and any period subsequent to any UC claim period in respect of which the single claimant or the joint claimants is or are entitled to an award of universal credit in respect of the claim;

(b)in relation to an award of universal credit within article 4(2)(e) or (f), any period when the single claimant or the joint claimants to whom the award was made is or are entitled to the award.

(4) For the purposes of paragraph (3)(a), a “UC claim period” is a period when—

(a)a claim for universal credit within article 4(2)(a), (b)(i) [F4, (ii)] or (d) has been made but a decision has not yet been made on the claim;

(b)a claim for universal credit within article 4(2)(c) has been treated as made and no decision has yet been made as to the joint claimants’ entitlement; or

(c)a decision has been made that a single claimant or joint claimants is or are 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 single claimant or the joint claimants has or have 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.

[F5(5) For the purposes of article 4(2)(a) and (g), the Claims and Payments Regulations 1987 apply, subject to paragraphs (6) and (7), for the purposes of deciding—

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

(b)the date on which the claim is made or treated as made.

(6) Subject to paragraph (7),—

(a)a person makes a claim for an employment and support allowance or a jobseeker’s allowance if he or she takes any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and

(b)it is irrelevant that the effect of any provision of the Claims and Payments Regulations 1987 is that, for the purposes of those Regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken.

(7) Where, by virtue of—

(a)regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987, in the case of a claim for an employment and support allowance; or

(b)regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations, in the case of a claim for a jobseeker’s allowance,

a claim for an employment and support allowance or a jobseeker’s allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (6)(a) is taken, the claim is treated as made on that earlier date.]

(8) 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 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;

(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, the reference to the first day of the period in respect of which the claim is 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.]

Textual Amendments

F1Art. 5 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, 7

F2Art. 5(1)-(1B) substituted for art. 5(1) (24.11.2014 for specified purposes) 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), arts. 3, 6(2)(b)

F3Art. 5(2) 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)(d)(3)

F4Words in art. 5(4)(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(6)(b)

F5Art. 5(5)-(7) substituted (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 4(4)

Modifications etc. (not altering text)

C1Art. 5(1), (5)-(8) 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(7)-(9)

C2Art. 5(1), (5)-(8) 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))

C3Art. 5(1), (5)-(8) applied (16.6.2014 for specified purposes) by SI 2013/2846 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, 20(1)(4))

C4Art. 5(1), (5)-(8) applied (16.6.2014 for specified purposes) by SI 2013/2657 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, 19(1)(4))

C5Art. 5(1), (5)-(8) 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))