The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014

Amendment of the No. 9 Order: the universal credit provisions

5.—(1) Where article 3 applies, article 3 of the No. 9 Order (day appointed for commencement of the universal credit provisions in Part 1 of the Act) is amended as follows—

(a) for article 3(3) substitute—

“(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(1);

(b) a claim for universal credit where—

(i) 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; and

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

(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);

(d) a claim for universal credit by a former member of a couple who 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), whether or not the claim is made jointly with another person, 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 claimants have ceased to be a couple, 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.”;

(b) omit article 3(5);

(c) after article 3(6), insert—

“(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 as a single person 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, the former member is not entitled to state pension credit and his or her partner (if any) is not entitled to—

(a) state pension credit;

(b) old style JSA;

(c) old style ESA; or

(d) income support.

(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—

(a) state pension credit;

(b) old style JSA;

(c) old style ESA; or

(d) income support.

(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, the member of the former couple referred to in 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.

(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.”.

(2) Where article 3 applies, after article 3 of the No. 9 Order, insert—

“Incorrect information regarding residence in a relevant district or meeting the gateway conditions

3A.— (1) This article applies where a claim for universal credit is made and it is subsequently discovered by the Secretary of State that the claimant gave incorrect information regarding the claimant residing in a relevant district or meeting the gateway conditions and did not in fact reside in such a district (or in any other area with respect to which the provisions of the Act referred to in Schedule 2 are in force in relation to a case where a person claims universal credit and resides in such an area) or did not meet those conditions on the date on which the claim was made.

(2) Where the discovery is made before the claim for universal credit has been decided—

(a) the claimant is to be informed that the claimant is not entitled to claim universal credit;

(b) if the claimant makes a claim for old style ESA, old style JSA or income support (“the specified benefit”) and the date on which that claim is made (as determined in accordance with the Claims and Payments Regulations 1987) is after the date on which the claim for universal credit was made, but no later than one month after the date on which the information required by sub-paragraph (a) was given—

(i) the claim for the specified benefit is to be treated as made on the date on which the claim for universal credit was made or the first date on which the claimant would have been entitled to the specified benefit if a claim had been made for it on that date, if later; and

(ii) any provision of the Claims and Payments Regulations 1987 under which the claim for the specified benefit is treated as made on a later date does not apply;

(c) if the claimant makes a claim for housing benefit and the date of that claim (as determined in accordance with the Housing Benefit Regulations 2006(2) or, as the case may be, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(3) (together referred to as “the Housing Benefit Regulations”)) is after the date on which the claim for universal credit was made, but no later than one month after the date on which the information required by sub-paragraph (a) was given—

(i) the claim for housing benefit is to be treated as made on the date on which the claim for universal credit was made or the first date on which the claimant would have been entitled to housing benefit if a claim had been made for it on that date, if later; and

(ii) any provision of the Housing Benefit Regulations under which the claim for housing benefit is treated as made on a later date does not apply;

(d) if the claimant makes a claim for a tax credit and that claim is received by a relevant authority at an appropriate office (within the meaning of the Tax Credits (Claims and Notifications) Regulations 2002(4) (“the 2002 Regulations”)) during the period of one month beginning with the date on which the information required by sub-paragraph (a) was given—

(i) the claim for a tax credit is to be treated as having been received by a relevant authority at an appropriate office on the date on which the claim for universal credit was made or the first date on which the claimant would have been entitled to a tax credit if a claim had been so received on that date, if later; and

(ii) any provision of the 2002 Regulations under which the claim is treated as having been made on a later date does not apply.

(3) Where the discovery is made after a decision has been made that the claimant is entitled to universal credit, but before any payment has been made—

(a) that decision is to cease to have effect immediately, by virtue of this article;

(b) the claimant is to be informed that they are not entitled to claim universal credit; and

(c) sub-paragraphs (b) to (d) of paragraph (2) apply.

(4) Where the discovery is made after a decision has been made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant—

(a) the claim is to be treated as one which the claimant was entitled to make;

(b) the decision is to be treated as a decision under section 8 of the Social Security Act 1998; and

(c) the award is to continue, if the claimant meets the conditions of entitlement for universal credit(5).

(5) For the purposes of paragraph (2), a person makes a claim for old style ESA or old style JSA where he or she makes a claim for an employment and support allowance or a jobseeker’s allowance and the claim is subject to Part 1 of the 2007 Act or the 1995 Act respectively as those provisions have effect apart from the amendments made by the amending provisions.”.

(1)

A definition of “gateway conditions” is inserted into article 2(1) of the No. 9 Order by article 4 of this Order.

(2)

S.I. 2006/213.

(3)

S.I. 2006/214.

(4)

S.I. 2002/2014.

(5)

See the Act, s.3.