The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

Citation U.K.

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013.

Interpretation U.K.

2.—(1) In this Order—

“the Act” means the Welfare Reform Act 2012;

“the amending provisions” means the provisions referred to in article 4(1)(a) to (c) of the No. 9 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance);

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 M1 ;

“jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995 M2 ;

“No. 4 relevant districts” means the postcode part-districts specified in the Schedule;

“the No. 9 Order” means 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 M3 .

(2) For the purposes of this Order, a reference to a person who falls within the Pathfinder Group is a reference to a person who meets the requirements of regulations 5 to 12 of the Universal Credit (Transitional Provisions) Regulations 2013 M4 .

Marginal Citations

M1 2007 c.5.

M2 1995 c.18.

M3 S.I. 2013/983 (C. 41).

M4 S.I. 2013/386. The Regulations were amended by S.I. 2013/803 and 2070.

Day appointed for commencement of the universal credit provisions in Part 1 of the Act U.K.

3.—(1) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2 to the No. 9 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit that is made or treated as made on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 4 relevant districts; and

(b) a claim for universal credit that is made or treated as made by a person on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013, where—

(i) the person does not reside in one of the No. 4 relevant districts on the day on which the claim is made or treated as made;

(ii) in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

(iii) after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made or treated as made.

(4) Article 3(5) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of article 3(3)(a) and (b) of the No. 9 Order.

(5) Article 3(6) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 3(4)(a) of the No. 9 Order.

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance U.K.

4.—(1) The day appointed for the coming into force of the amending provisions, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 4 relevant districts and falls within the Pathfinder Group; and

(b) a claim for universal credit that is made or treated as made by a person on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 where—

(i) the person does not reside in one of the No. 4 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

(ii) in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

(iii) after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made or treated as made.

(4) Paragraphs (4) and (5) of article 4 of the No. 9 Order apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in paragraph (2) as they apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in article 4(2)(a) or (b) of the No. 9 Order.

(5) Paragraphs (1) and (2) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the No. 9 Order.

(6) Article 5(3) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of article 4(2)(a) and (b) of the No. 9 Order.

(7) Article 5(4) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 4(3)(a) of the No. 9 Order.

Amendment of the No. 9 Order U.K.

5.  With effect from 29th October 2013—

(a) in article 11(2)(f)(ii) of the No. 9 Order, for “paragraph (2)(b)(iii)” substitute “ paragraph (4)(c) ”; and

(b) in article 5 of the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 M5 , the reference to article 11 of the No. 9 Order is a reference to article 11 as amended by paragraph (a).

Marginal Citations

M5 S.I. 2013/1511 (C. 60).

Application of the No. 9 Order U.K.

6.  Articles 6 and 9 to 22 of the No. 9 Order M6 apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2)(a) and (b) of the No.9 Order and any award made in respect of the claim.

Marginal Citations

M6 Articles 10 to 13 of, and Schedule 4 (which takes effect under article 9) to, the Order were amended by S.I. 2013/1511 (C.60); article 11 of the Order was amended by article 5 of this Order

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

Freud

Parliamentary Under Secretary of State

Department for Work and Pensions

14th October 2013