The Welfare Reform Act 2009 (Commencement No. 6) Order 2011

Statutory Instruments

2011 No. 2857 (C. 102)

Social Security

The Welfare Reform Act 2009 (Commencement No. 6) Order 2011

Made

28th November 2011

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 61(3) and (4) of the Welfare Reform Act 2009(1).

Citation

1.  This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 6) Order 2011.

Appointed day

2.  29th November 2011 is the day appointed for the coming into force of the following provisions of the Welfare Reform Act 2009—

(a) section 12(5) (conditions for contributory jobseeker’s allowance), in so far as it inserts subsections (3B)(a) and (3C) only into section 2 of the Jobseekers Act 1995(2); and

(b) section 13(5)(a) and (b) (conditions for contributory employment and support allowance).

Signed by authority of the Secretary of State for Work and Pensions.

Lord Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

28th November 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force sections 12(5) and 13(5)(a) and (b) of the Welfare Reform Act 2009. Those provisions are brought into force on 29th November 2011, in accordance with article 2.

Section 12(5) inserts new subsections (3B) and (3C) into section 2 of the Jobseekers Act 1995. Subsection (3B) is a regulation-making power which principally provides for the first set of conditions for contribution-based jobseeker’s allowance to be taken to be satisfied in the case of persons who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time (paragraph (a)(i)) or who satisfy other prescribed conditions (paragraph (a)(ii)). The first set of conditions is the condition set out in section 2(1)(a) and the additional conditions set out in section 2(2) of the 1995 Act. Subsection (3C) defines certain terms used in subsection (3B).

Section 13(5) makes changes to the existing regulation-making power in paragraph 1(4) of Schedule 1 to the Welfare Reform Act 2007 to make similar provision in that Act in relation to employment and support allowance to section 2(3B)(a)(ii) and (b) of the 1995 Act.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act 2009 have been brought into force by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No.
Section 3(2) and (5) (for the purpose of conferring the power to make regulations)	6th October 2011	2011/2427
Section 3(2) and (5) (for all other purposes)	31st October 2011	2011/2427
Section 10	10th February 2010	2010/293
Section 12(1) and (3)	1st October 2010	2010/2377
Section 12(2), (4) and (6)	1st November 2010	2010/2377
Section 13(1)	1st October 2010	2010/2377
Section 13(2) and (3)	1st November 2010	2010/2377
Section 13(4) (for the purpose of conferring the power to make regulations)	1st October 2010	2010/2377
Section 13(4) (for all other purposes)	1st November 2010	2010/2377
Section 14 (for the purpose of conferring the power to make regulations)	11th April 2010	2010/293
Section 14 (partially)	15th October 2010	2010/293
Section 14 (for all other purposes)	11th April 2011	2010/293
Section 24 (for the purpose of conferring the power to make regulations)	12th January 2010	2010/45
Section 24 (for all other purposes)	1st April 2010	2010/45
Section 26	22nd March 2010	2010/293
Section 32(1) (partially)	9th March 2011	2011/682
Section 32(2) (partially)	9th March 2011	2011/682
Section 33 (for the purpose of conferring the power to make regulations)	10th February 2010	2010/293
Section 33 (for all other purposes)	6th April 2010	2010/293
Section 35	10th February 2010	2010/293
Section 55(3) and section 55(1) (in so far as it relates to section 55(3))	14th January 2010	2010/45
Section 58(1) (partially)	22nd March 2010	2010/293
Section 58(1) (partially)	1st April 2010	2010/293
Schedule 4 (for the purpose of conferring the power to make regulations)	12th January 2010	2010/45
Schedule 4 (for all other purposes)	1st April 2010	2010/45
Part 3 of Schedule 7 (partially)	22nd March 2010	2010/293
Part 3 of Schedule 7 (partially)	1st April 2010	2010/293

(1)

2009 c. 24.

(2)

1995 c. 18. Section 2(3B) and (3C) of the Jobseekers Act 1995 is inserted by section 12(5) of the Welfare Reform Act 2009.