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

Statutory Instruments

2013 No. 2657 (C. 107)

Social Security

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

Made

14th October 2013

The Secretary of State, in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012(1), makes the following Order:

Citation

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

Interpretation

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(2);

“jobseeker’s allowance” means a jobseeker’s allowance under the Jobseekers Act 1995(3);

“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(4).

(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(5).

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

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

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

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(6), the reference to article 11 of the No. 9 Order is a reference to article 11 as amended by paragraph (a).

Application of the No. 9 Order

6.  Articles 6 and 9 to 22 of the No. 9 Order(7) 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.

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

Article 2(1)

SCHEDULE The No. 4 relevant districts

1.  M35 5.

2.  W6 0.

3.  W6 6 to W6 9.

4.  W14 0.

5.  W14 4.

6.  W14 8 and W14 9.

7.  WN1 3.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Welfare Reform Act 2012 (c.5) (“the Act”) that relate to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance, by reference to the cases set out in articles 3 and 4. It also amends a transitional provision in 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 (S.I. 2013/ 983, C.41) (“the No. 9 Order”).

Article 3 brings into force provisions relating to UC in Part 1 of the Act, as set out in Schedule 2 to the No. 9 Order (“the UC provisions”) in relation to two different cases.

The case in article 3(2)(a) relates to the making of a claim for UC on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 where a person resides in a “No. 4 relevant district” at the time that the claim is made (the “No. 4 relevant districts” are described in the Schedule). Other conditions (“Pathfinder Group conditions”) for making a claim for UC are set out in the Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386).

The case in article 3(2)(b) relates to the making of a claim for UC where a person claims UC on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 and provides incorrect information as to their residence in a No. 4 relevant district, but this is only discovered once payments of UC have been made.

Under article 3(3), the day appointed for the commencement of the UC provisions in the above cases is the first day of the period in respect of which the claim is made or treated as made.

Article 3(4) and (5) applies the provisions of article 3(5) and (6) of the No. 9 Order to the cases in article 3(2) of this Order.

Article 4 brings into force provisions relating to the abolition of income-related employment and support allowance and of income-based jobseeker’s allowance (“the amending provisions”), in relation to two different cases.

Under article 4(2)(a), the amending provisions come into force in relation to a claim for UC, an employment and support allowance (“ESA”) or a jobseeker’s allowance (“JSA”), and any award that is made in respect of the claim, where a person claims UC, ESA or JSA on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 and, at the time that the claim is made, resides in a No. 4 relevant district and meets the Pathfinder Group conditions.

Under article 4(2)(b), the amending provisions come into force in relation to a claim for UC and any award that is made in respect of the claim where a person claims UC on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 and provides incorrect information as to their residence in a No. 4 relevant district, or as to their meeting the Pathfinder Group conditions, but this is only discovered once payments of UC have been made.

Under article 4(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made or treated as made.

Article 4(4) to (7) applies the provisions of article 4(4) and (5) and article 5 of the No. 9 Order to the cases in article 4(2).

Article 5 amends article 11(2)(f)(ii) of the No. 9 Order (transition from new style ESA) consequent on a technical amendment made to regulation 30 of the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) by the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536).

Article 6 provides that articles 6 and 9 to 22 of the No. 9 Order apply 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 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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act 2012 (c.5) were brought into force by a Statutory Instrument which was made before this Order was made.

Provision	Date of commencement	S.I. Number
Section 1 (partially)	29th April 2013	2013/983(8)
Section 1 (partially)	1st July 2013	2013/1511
Section 1 (partially)	29th July 2013	2013/1511
Section 2(1) (partially)	As section 1	As section 1
Section 2(2)	25th February 2013	2013/358
Section 3 (partially)	As section 1	As section 1
Section 4(1) and (4) (partially)	As section 1	As section 1
Section 4(2), (3) and (5) to (7)	25th February 2013	2013/358
Section 5 (partially)	25th February 2013	2013/358
Section 5 (partially)	29th April 2013	2013/983
Section 5 (partially)	1st July 2013	2013/1511
Section 5 (partially)	29th July 2013	2013/1511
Section 6(1)(a) and (3) (partially)	25th February 2013	2013/358
Section 6 (partially)	As section 1	As section 1
Section 7(1) and (4) (partially)	As section 1	As section 1
Section 7(2) and (3)	25th February 2013	2013/358`
Section 8 (partially)	As section 1	As section 1
Section 8(3) (partially)	25th February 2013	2013/358
Section 9(1) (partially)	As section 1	As section 1
Sections 9(2) and (3), 10(2) to (5) and 11(3) to (5)	25th February 2013	2013/358
Section 10(1) (partially)	As section 1	As section 1
Section 11(1) and (2) (partially)	As section 1	As section 1
Section 12(1) (partially)	25th February 2013	2013/358
Section 12(1) and (2) (partially)	As section 1	As section 1
Section 12(3) and (4)	25th February 2013	2013/358
Section 13 (partially)	As section 1	As section 1
Section 14 (partially)	As section 1	As section 1
Section 14(5) (partially)	25th February 2013	2013/358
Section 15(1) and (4) (partially)	As section 1	As section 1
Sections 15(2) and (3) and 17(3)(f)	25th February 2013	2013/358
Section 16 (partially)	As section 1	As section 1
Section 17(1), (2), (3)(a) to (e), (4) and (5) (partially)	As section 1	As section 1
Section 17(4) and (5) (partially)	25th February 2013	2013/358
Section 18 (partially)	As section 1	As section 1
Section 18(3) and (5) (partially)	25th February 2013	2013/358
Section 19(1), (2)(a) to (c), (5) and (6) (partially)	As section 1	As section 1
Section 19(2)(d), (3) and (4)	25th February 2013	2013/358
Section 20(1) (partially)	25th February 2013	2013/358
Section 20 (partially)	As section 1	As section 1
Section 21 (partially)	As section 1	As section 1
Section 22 (partially)	As section 1	As section 1
Section 22(2) (partially)	25th February 2013	2013/358
Section 23 (partially)	As section 1	As section 1
Sections 24(1), (5) and (6) and 25	25th February 2013	2013/358
Section 24(2), (3) and (4) (partially)	As section 1	As section 1
Section 26(1) to (5) (partially)	As section 1	As section 1
Section 26(2)(a) (partially)	25th February 2013	2013/358
Sections 26(6) to (8), 27(4), (5) and (9) and 28	25th February 2013	2013/358
Section 27(1) to (3) and (6) to (8) (partially)	As section 1	As section 1
Section 29	29th April 2013	2013/983
Sections 30 and 31 (partially)	25th February 2013	2013/358
Section 31 (partially)	1st April 2013	2013/358
Section 31 (partially)	29th April 2013	2013/358
Section 31 (partially)	29th April 2013	2013/983
Section 32	25th February 2013	2013/358
Section 33(1)(a) and (b), (2) and (3) (partially)	As section 1	As section 1
Section 33(1)(e)	1st April 2013	2013/358
Sections 33(3) (partially)	1st April 2013	2013/358
Section 35 (partially)	25th February 2013	2013/358
Section 35 (partially)	29th April 2013	2013/983
Section 36 (partially)	25th February 2013	2013/358
Sections 37(3) to (7) and 39(3)(a)	25th February 2013	2013/358
Section 37 (for all remaining purposes)	29th April 2013	2013/983
Section 38	29th April 2013	2013/983
Section 39 (for all remaining purposes)	29th April 2013	2013/983
Sections 40, 42 and 43	25th February 2013	2013/358
Section 44(1) (partially)	As section 1	As section 1
Section 44(2) (partially)	As section 1	As section 1
Section 44(5)	10th June 2012	2012/1246
Section 45	8th October 2012	2012/2530
Section 46(1) and (3) (partially)	10th June 2012	2012/1246
Section 46(1) (partially)	22nd October 2012	2012/2530
Section 46(2)	10th June 2012	2012/1246
Section 46(3) (for all remaining purposes)	22nd October 2012	2012/2530
Section 46(4)	22nd October 2012	2012/2530
Section 47	20th March 2012	2012/863
Section 48 (partially)	22nd October 2012	2012/2530
Section 49(1) and (3) (partially)	25th February 2013	2013/358
Section 49(1), (2) and (3) to (5) (partially)	As section 1	As section 1
Section 49(6)	25th February 2013	2013/358
Section 51 (partially)	20th March 2012	2012/863
Section 51 (for all remaining purposes)	1st May 2012	2012/863
Sections 52 and 53	1st May 2012	2012/863
Section 54(1) (partially)	25th February 2013	2013/358
Section 54(1) and (2) (partially)	As section 1	As section 1
Section 54(6)	25th February 2013	2013/358
Section 55	3rd December 2012	2012/2530
Section 56	26th November 2012	2012/2530
Section 57(1) and (2) (partially)	25th February 2013	2013/358
Section 57(1), (2), (4), (5) and (9) (partially)	As section 1	As section 1
Section 57(6)	25th February 2013	2013/358
Section 58(1) and (2)	20th March 2012	2012/863
Section 64 (partially)	30th October 2012	2012/2530
Section 64 (for all remaining purposes)	5th December 2012	2012/2530
Section 65	5th December 2012	2012/2530
Section 66 (partially)	30th October 2012	2012/2530
Section 66 (partially)	31st October 2013	2013/2534
Sections 67 and 68	5th December 2012	2012/2530
Section 69 (partially)	27th November 2012	2012/2946
Section 69 (for all remaining purposes)	1st January 2013	2012/2946
Section 70(1) and (3) to (10)	1st April 2013	2012/3090
Section 70(2)	1st August 2013	2012/3090
Section 73	1st April 2013	2012/3090
Section 77(3) (partially)	25th February 2013	2013/358
Section 77(1) to (3) (partially)	8th April 2013	2013/358
Section 77(1) to (3) (for all remaining purposes)	10th June 2013	2013/1250
Section 78(1), (2), (5) and (6) (partially)	8th April 2013	2013/358
Section 78(1), (2), (5) and (6) (for all remaining purposes)	10th June 2013	2013/1250
Section 78(3) and (4)	25th February 2013	2013/358
Section 79(1), (2), (5) and (6) (partially)	8th April 2013	2013/358
Section 79(1), (2), (5) and (6) (for all remaining purposes)	10th June 2013	2013/1250
Section 79(3), (4) and (7)	25th February 2013	2013/358
Sections 80 and 81	25th February 2013	2013/358
Section 82 (partially)	8th April 2013	2013/358
Section 82 (for all remaining purposes)	10th June 2013	2013/1250
Section 83(3) (partially)	25th February 2013	2013/358
Section 83(1) to (3) and 84 (partially)	8th April 2013	2013/358
Section 83(1) to (3) and 84 (for all remaining purposes)	10th June 2013	2013/1250
Sections 85 and 86	25th February 2013	2013/358
Section 87 (partially)	25th February 2013	2013/358
Section 87 (partially)	8th April 2013	2013/358
Section 87 (for all remaining purposes)	10th June 2013	2013/1250
Sections 88 and 89 (partially)	8th April 2013	2013/358
Sections 88 and 89 (for all remaining purposes)	10th June 2013	2013/1250
Section 91 (partially)	25th February 2013	2013/358
Section 91 (partially)	8th April 2013	2013/358
Section 91 (partially)	10th June 2013	2013/1250
Sections 92, 93 and 94	25th February 2013	2013/358
Section 95 (partially)	25th February 2013	2013/358
Section 95 (partially)	8th April 2013	2013/358
Section 95 (for all remaining purposes)	10th June 2013	2013/1250
Section 96 (partially)	27th November 2012	2012/2946
Section 96 (for all remaining purposes)	15th April 2013	2012/2946
Section 97(1) to (4)	27th November 2012	2012/2946
Section 97(5) and (6)	15th April 2013	2012/2946
Sections 98 and 99	25th February 2013	2013/358
Section 100	25th February 2013	2013/358
Section 101(1) (partially)	25th February 2013	2013/358
Section 101(2)	1st April 2013	2013/358
Section 102(1) (partially)	25th February 2013	2013/358
Section 102(2) to (5)	25th February 2013	2013/358
Section 102(6) (partially)	25th February 2013	2013/358
Section 102(6) (partially)	29th April 2013	2013/983
Section 104	25th February 2013	2013/358
Section 105(1) (partially)	1st July 2012	2012/1246
Section 105(1) (partially)	1st October 2012	2012/1246
Section 105(1) (partially)	29th April 2013	2013/358
Section 105(3), (5) and (6)	29th April 2013	2013/358
Section 105(4)	1st October 2012	2012/1246
Section 105(7) (partially)	29th April 2013	2013/358
Section 106	1st July 2012	2012/1246
Section 110 (partially)	17th June 2013	2013/1250
Section 110	1st October 2013	2013/1250
Sections 113 to 115	8th May 2012	2012/863
Section 116(1) (partially)	10th May 2012	2012/1246
Section 116(1) (for all remaining purposes)	1st October 2012	2012/1246
Section 116(2)	10th May 2012	2012/1246
Section 117(1) (partially)	1st April 2013	2013/358
Section 117(1) (for all remaining purposes)	6th April 2013	2013/358
Section 117(2)	1st April 2013	2013/358
Section 117(3)	6th April 2013	2013/358
Section 118(1), (2), (5) and (8)(b) (partially)	25th February 2013	2013/358
Section 118(1), (2), (5) and (8)(b) (for all remaining purposes)	1st April 2013	2013/358
Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 119	1st April 2013	2013/358
Section 120 (partially)	1st February 2013	2013/178
Section 120 (for all remaining purposes)	6th April 2013	2013/178
Sections 122, 123 and 125(9)	6th June 2012	2012/1246
Sections 128 and 129	20th March 2012	2012/863
Section 130 (partially)	20th March 2012	2012/863
Section 130 (for all remaining purposes)	8th May 2012	2012/863
Section 131 (partially)	20th March 2012	2012/863
Section 131 (for all remaining purposes)	8th May 2012	2012/863
Section 132(8)	20th March 2012	2012/863
Section 132 (for all remaining purposes)	8th May 2012	2012/863
Section 133(1) to (4)	20th March 2012	2012/863
Section 133(6)	2nd July 2012	2012/1651
Sections 143, 144 and 146	8th May 2012	2012/863
Schedule 1 (partially)	25th February 2013	2013/358
Schedule 2 (partially)	25th February 2013	2013/358
Schedule 2 (partially)	1st April 2013	2013/358
Schedule 2 (partially)	29th April 2013	2013/358
Schedule 2 (partially)	29th April 2013	2013/983
Schedule 3 (partially)	1st April 2013	2013/358
Schedule 3 (partially)	29th April 2013	2013/983
Schedule 3 (partially)	1st July 2013	2013/1511
Schedule 3 (partially)	29th July 2013	2013/1511
Schedule 5 (partially)	25th February 2013	2013/358
Schedule 5 (partially)	29th April 2013	2013/983
Schedule 6 (partially)	25th February 2013	2013/358
Schedule 7 (partially)	22nd October 2012	2012/2530
Schedule 8 (partially)	1st April 2013	2012/3090
Schedule 8 (for all remaining purposes)	1st August 2013	2012/3090
Schedule 9 (partially)	25th February 2013	2013/358
Schedule 9 (partially)	8th April 2013	2013/358
Schedule 9 (partially)	10th June 2013	2013/1250
Schedule 10	25th February 2013	2013/358
Schedule 11 (partially)	25th February 2013	2013/358
Schedule 11 (partially)	29th April 2013	2013/983
Part 1 of Schedule 14 (partially)	1st April 2013	2013/358
Part 1 of Schedule 14 (partially)	29th April 2013	2013/983
Part 1 of Schedule 14 (partially)	1st July 2013	2013/1511
Part 1 of Schedule 14 (partially)	29th July 2013	2013/1511
Part 3 of Schedule 14 (partially)	22nd October 2012	2012/2530
Parts 4 and 5 of Schedule 14 (partially)	As section 1	As section 1
Part 8 of Schedule 14 (partially)	1st April 2013	2012/3090
Part 8 of Schedule 14 (partially)	1st August 2013	2012/3090
Part 11 of Schedule 14 (partially)	1st April 2013	2013/358
Part 11 of Schedule 14 (partially)	29th April 2013	2013/358
Part 14 of Schedule 14	8th May 2012	2012/863

(1)

2012 c.5.

(2)

2007 c.5.

(3)

1995 c.18.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

S.I. 2013/983 was amended by S.I. 2013/1511.

(9)

S.I. 2012/1246 was amended by S.I. 2012/1440 and 2530.