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

[F1 Transitional provision where Secretary of State determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance

5A.— (1) Where a person makes a claim for an employment and support allowance or a jobseeker’s allowance at a time when they would not be able to make a claim for universal credit by virtue of a determination under regulation 4(1) of the 2014 Transitional Regulations (claims for universal credit may not be made in an area or category of case) [F2 and where the amending provisions would otherwise have come into force in relation to the claim by virtue of article 4(2)(a) or any corresponding provision in any order made under section 150(3) of the Act other than this Order], then—

(a) in relation to a claim for an employment and support allowance, Part 1 of the 2007 Act and the Welfare Reform Act 2009 are to apply as though the amending provisions and the provisions referred to in article 7(1)(c), (d) and (f) had not come into force in relation to the claim;

(b) in relation to a claim for a jobseeker’s allowance, the 1995 Act, the Social Security Administration Act 1992 and the Social Security Act 1998 are to apply as though the amending provisions and the provisions referred to in article 7(1)(a), (b) and (e) had not come into force in relation to the claim.

[F3 (2) Paragraph (1) does not apply in relation to a claim for an employment and support allowance (“ESA”) or a jobseeker’s allowance (“JSA”) where the claim is made or treated as made—

(a) where the claimant of ESA or JSA has made or been treated as having made a claim for universal credit (“UC”) within article 4(2)(a) to (d) (whether or not the claim for UC is made jointly with another person), or has been awarded UC without a claim within article 4(2)(e) or (f) (whether or not the award is made to the claimant of ESA or JSA and another person as joint claimants), during the “relevant period” in relation to that claim or award as referred to in article 5(3)(a) or (b);

(b) where the claimant of ESA or JSA has made a claim for UC within any provision of an order made under section 150(3) of the Act, apart from this Order, that corresponds to article 4(2)(a) or (b) (whether or not the claim for UC is made by the claimant of ESA or JSA and another person as joint claimants), during the “relevant period” in relation to that claim as referred to in the provision of that order that corresponds to article 5(3)(a); or

(c) at a time when the claimant of ESA or JSA may be entitled to an award of UC without a claim in the circumstances referred to in article 4(2)(e) or (f) (whether or not the award may be made to the claimant of ESA or JSA and another person as joint claimants) but where no decision has yet been made as to the claimant’s entitlement.

(3) For the purposes of this article, the Claims and Payments Regulations 1987 apply for the purpose of deciding—

(a) whether a claim for ESA or JSA is made; and

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

Textual Amendments

F1 Art. 5A inserted (16.6.2014) 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. 8

F2 Words in art. 5A(1) inserted (15.9.2014) by The Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/2321), art. 7(a)

F3 Art. 5A(2)(3) substituted (15.9.2014) by The Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/2321), art. 7(b)