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

Amendment of the No. 9 Order: claim for universal credit treated as made and awards of universal credit without a claim U.K.

7.—(1) Paragraph (2) applies in relation to a case where M1 —

(a) an award of universal credit is made without a claim as a consequence of a couple forming or separating at a time when both members of the couple in question were entitled to an award of universal credit;

(b) a claim for universal credit is treated as made as a consequence of a couple forming at a time when one member of the couple was entitled to an award of universal credit;

(c) a claim for universal credit is made 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), as that provision has effect apart from the amendments made by the Digital Service Regulations 2014, 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; or

(d) an award of universal credit 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),

and the claim for universal credit is made or treated as made, or, as the case may be, the award of universal credit is made without a claim, on or after 26th November 2014.

(2) Where this paragraph applies, the No. 9 Order is amended as set out below—

(a) in article 2(1) (interpretation), after the definition of “the Decisions and Appeals Regulations 2013” insert—

““the Digital Service Regulations 2014” means the Universal Credit (Digital Service) Amendment Regulations 2014;”;

(b) in article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)—

(i) in paragraph (7), omit “as a single person”;

(ii) in paragraph (8), for the words from “the former member” to the end substitute “ neither the former member nor his or her partner (if any) is entitled to state pension credit ”;

(iii) in paragraph (9), for the text from “—” to the end substitute “ state pension credit ”;

(iv) in paragraph (10)(b), after “2013,” insert “ as that paragraph has effect apart from the amendments made by the Digital Service Regulations 2014, ”;

(v) after paragraph (10)(b), insert—

“(ba) 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, as that paragraph has effect as amended by the Digital Service Regulations 2014, the former joint claimant of universal credit to whom a new award of universal credit is made as referred to in sub-paragraph (a) or (b) of that paragraph;” and

(vi) after paragraph (10) insert—

“(10A) In paragraph (3)—

(a) in sub-paragraph (c), the reference to regulation 9(8) of the Claims and Payments Regulations 2013 is a reference to that provision both as it has effect as amended by the Digital Service Regulations 2014 and as it has effect apart from that amendment;

(b) in sub-paragraph (d), the reference to regulation 9(6) of the Claims and Payments Regulations 2013 is a reference to that provision as it has effect apart from the amendment made by the Digital Service Regulations 2014;

(c) in sub-paragraph (f), the reference to regulation 9(6) of the Claims and Payments Regulations 2013 is a reference to that provision both as it has effect as amended by the Digital Service Regulations 2014 and as it has effect apart from that amendment.”;

(c) in article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance)—

(i) in paragraph (2)(c), omit “and the Secretary of State is of the view referred to in article 5(2)”;

(ii) after paragraph (7) insert—

“(8) In paragraph (2)—

(a) in sub-paragraph (c), the reference to regulation 9(8) of the Claims and Payments Regulations 2013 is a reference to that provision both as it has effect as amended by the Digital Service Regulations 2014 and as it has effect apart from that amendment;

(b) in sub-paragraph (d), the reference to regulation 9(6) of the Claims and Payments Regulations 2013 is a reference to that provision as it has effect apart from the amendments made by the Digital Service Regulations 2014;

(c) in sub-paragraph (f), the reference to regulation 9(6) of the Claims and Payments Regulations 2013 is a reference to that provision both as it has effect as amended by the Digital Service Regulations 2014 and as it has effect apart from that amendment.”; and

(d) in article 5 (provisions that apply in connection with the abolition of income-related employment and support allowance and income-based jobseeker's allowance), omit paragraph (2).

(3) For the purposes of paragraph (1), “couple” has the meaning given in section 39 of the Act.

Marginal Citations

M1 Regulation 3 of S.I. 2014/2887 (“the Digital Service Regulations”) omits regulation 6 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380), and amends regulation 9(6) and (8) of those Regulations, but that omission and those amendments do not apply to certain awards of universal credit as described in regulation 5 of the Digital Service Regulations.