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

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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)

Transitional provision: where the abolition of income-related employment and support allowance and income-based jobseeker’s allowance is treated as not applying

6.—(1) Paragraph (2) applies where—

(a)a person has or had a new style ESA award or a new style JSA award (“the award”) [F1by virtue of the coming into force of the amending provisions under any secondary legislation];

(b)in respect of all or part of the period to which the award relates, the person—

(i)makes a claim, or is treated as making a claim, for universal credit; or

(ii)makes an application to the Secretary of State for supersession of the decision to make the award, on the basis of a relevant change of circumstances that would relate to the grounds for entitlement to an income-related employment and support allowance or an income-based jobseeker’s allowance if the amending provisions had not come into forceF2...;

(c)if the amending provisions had not come into force F3... and, in the case of a claim for universal credit, an application for supersession of the decision to make the award had been made, the person would be entitled to an income-related employment and support allowance or an income-based jobseeker’s allowance, as the case may be, with respect to the period for which the claim for universal credit or application for supersession is made;

(d)where the person makes an application for supersession of the decision to make the award, the period in respect of which the application is made does not include any period in respect of which the person has been awarded universal credit; [F4and]

[F5(e)(i)on the date on which the claim for universal credit is made, or the application for supersession is received, as the case may be, the claim does not, or, in the case of an application for supersession, a claim for universal credit by the person would not, fall within any case (including a case with respect to which an award of universal credit may be made without a claim) in relation to which the provisions of the Act referred to in Schedule 2 are in force (“the UC commencement case”); or

(ii)on that date, the claim for universal credit does, or, in the case of an application for supersession, a claim for universal credit by the person would, fall within the UC commencement case, but the claim does or would fall within a case (including a case that relates in whole or in part to residence in an area) that is the subject of a determination made by the Secretary of State under regulation 4(1) of the 2014 Transitional Regulations (determination that claims for universal credit may not be made).]

(2) Where this paragraph applies, then, in relation to the award and with effect from the first day of the period in respect of which the claim is made or treated as made, or the application for supersession is made, the 1995 Act or Part 1 of the 2007 Act, as the case may be, is to apply as though the amending provisions had not come into forceF6....

(3) For the purposes of paragraph (1)F7...—

(a)the Claims and Payments Regulations 2013 apply for the purpose of deciding—

(i)whether a claim for universal credit is made or is to be treated as made; and

(ii)the day on which the claim is made or is to be treated as madeF8...

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of paragraph (2), the reference to the period in respect of which the application for supersession is made is a reference to the period beginning with the day from which the superseding decision takes effect in accordance with section 10(5) of the Social Security Act 1998(1) and regulation 35 of, and Schedule 1 to, the Decisions and Appeals Regulations 2013 (effectives dates: Secretary of State decisions).

(5) For the purposes of paragraph (2), the reference to the first day of the period in respect of which the claim for universal credit is made or treated as made, in a case where the time for making a claim for universal credit is extended under regulation 26(2) of the Claims and Payments Regulations 2013, 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.

[F10(6) For the purposes of this article, “secondary legislation” means an instrument made under an Act.]

Textual Amendments

F1Words in art. 6(1)(a) 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. 9(1)(2)(a)

F2Words in art. 6(1)(b)(ii) 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. 9(1)(2)(b)

F3Words in art. 6(1)(c) 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. 9(1)(2)(b)

F4Word in art. 6(1)(d) 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. 9(1)(2)(c)

F5Art. 6(1)(e)(i)(ii) substituted for art. 6(1)(e)(f) (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. 9(1)(2)(c)

F6Words in art. 6(2) 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. 9(1)(2)(b)

F7Word in art. 6(3) 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. 9(1)(2)(d)

F8Word in art. 6(3)(a) 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. 9(1)(2)(d)

F9Art. 6(3)(b) 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. 9(1)(2)(d)

F10Art. 6(6) 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. 9(1)(2)(e)