The Welfare Reform Act 2009 (Commencement No. 7) Order 2012

Statutory Instruments

2012 No. 68 (C. 3)

Social Security

The Welfare Reform Act 2009 (Commencement No. 7) Order 2012

Made

11th January 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. 7) Order 2012.

Appointed day

2.  The day appointed for the coming into force of section 29 (exemption from jobseeking conditions for victims of domestic violence) of the Welfare Reform Act 2009 is 19th January 2012.

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

C Grayling

Minister of State,

Department for Work and Pensions

11th January 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 29 of the Welfare Reform Act 2009 on 19^th January 2012 for the purpose of conferring power to make Regulations under paragraph 8B of Schedule 1 to the Jobseekers Act 1995 (‘the Act’) and for the purpose of prescribing the Parliamentary procedure that applies in relation to regulations made under paragraph 8B of Schedule 1 to the Act.

Section 29(1) inserts new paragraph 8B into Schedule 1 to the Act. Paragraph 8B requires the Secretary of State to make regulations under sections 6(4), 7(4) and 9(10) of the Act providing for victims of domestic violence who are claiming a jobseeker’s allowance to be treated as available for and actively seeking work for a set 13 week period, and if the claimant has not completed a jobseeker’s agreement before the 13 week period begins, to be treated as having entered into a jobseeker’s agreement which is in force for the 13 week period. Paragraph 8B enables the regulations to specify the circumstances in which domestic violence must have been inflicted or threatened in order for the exemption to apply, to prescribe the circumstances in which domestic violence is, or is not, to be regarded as having been inflicted or threatened and to define “domestic violence”.

Section 29(2) amends section 37(1)(c) of the Act to prescribe that Regulations under paragraph 8B of Schedule 1 to the Act are subject to the affirmative resolution procedure.

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 12(5) (insofar as it inserts subsections (3B)(a) and (3C) only into section 2 of the Jobseekers Act 1995	29th November 2011	2011/2857
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 13(5)	29th November 2011	2011/2857
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.