2013 No. 358 (C. 16)
The Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013
Made
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3) and (4)(a), (b)(iii) and (c) of the Welfare Reform Act 20121.
Citation and interpretation1
1
This Order may be cited as the Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013.
2
In this Order—
“the 1992 Act” means the Social Security Administration Act 19922;
“the 2012 Act” means the Welfare Reform Act 2012;
“personal independence payment” means a payment under Part 4 of the 2012 Act.
Appointed day2
1
25th February 2013 is the day appointed for the coming into force of the provisions of the 2012 Act listed in Schedule 1 to this Order for the purpose of making Regulations.
2
25th February 2013 is the day appointed for the coming into force of the provisions of the 2012 Act listed in Schedule 2 to this Order for all purposes.
Appointed day for purposes relating to the Social Security Advisory Committee3
25th February 2013 is the day appointed for the coming into force of the following provisions of the 2012 Act—
a
paragraph 26 of Schedule 2 (universal credit: amendments);
b
paragraph 3 of that Schedule and section 31 (supplemental and consequential amendments) in so far as they relate to paragraph 26 of that Schedule;
c
paragraph 26 of Schedule 9 (personal independence payments: amendments); and
d
paragraph 7 of that Schedule and section 91 (amendments) in so far as they relate to paragraph 26 of that Schedule.
Appointed day for provisions relating to payments on account4
1
1st April 2013 is the day appointed for the coming into force of Part 11 of Schedule 14 to the 2012 Act (repeals) in so far as that Part repeals the following provisions of the 1992 Act—
a
section 7(2)(a);
b
section 71(7); and
c
in section 71(8), “or (7)”.
2
1st April 2013 is the day appointed for the coming into force of section 101(2) of the 2012 Act (payments on account).
Appointed day and saving for provisions relating to overpayments5
1
25th February 2013 is the day appointed for the coming into force of paragraph 7 of Schedule 2 to the 2012 Act (which relates to recovery of benefits), paragraph 3 of Schedule 2 in so far as it relates to paragraph 7 and section 31 of the 2012 Act in so far as it relates to those paragraphs.
2
29th April 2013 is the day appointed for the coming into force of the provisions of the 2012 Act mentioned in paragraphs (3) to (5) (which also relate to the recovery of benefit payments).
3
In relation to section 105 (recovery of benefit payments)—
a
subsection (1) of that section, in so far as it is not already in force; except in so far as it inserts section 71ZB(1)(d) of the 1992 Act and the word “and” immediately preceding it;
b
subsections (3), (5) and (6) of that section; and
c
subsection (7) of that section, in so far as it inserts paragraph 6B of Schedule 3 to the Social Security Act 19983.
4
In relation to Part 11 of Schedule 14, the repeals of—
a
section 71(10A) and (10B) of the 1992 Act; and
b
subject to paragraph (6), section 71(11)(aa) and (ac) of the 1992 Act.
5
Paragraph 9 of Schedule 2, paragraph 3 of Schedule 2 in so far as it relates to paragraph 9 and section 31 in so far as it relates to those paragraphs.
6
Despite paragraph (4)(b), the benefits referred to in section 71(11)(aa) and (ac) of the 1992 Act remain benefits to which section 71 of the 1992 Act apply to the extent that those benefits have been claimed before 29th April 2013.
Appointed days for loss of benefit provisions6
1
25th February 2013 is the day appointed for the coming into force of the provisions of Schedule 2 to the 2012 Act specified in paragraph (2) (which relate to loss of benefit).
2
The provisions for the purposes of paragraph (1) are—
a
paragraph 58(3) and paragraph 58(1) in so far as it relates to that sub-paragraph;
b
paragraph 59(3) and paragraph 59(1) in so far as it relates to that sub-paragraph;
c
paragraph 61(2) to (4) and paragraph 61(1) in so far as it relates to those sub-paragraphs; and
d
paragraph 63(2) and paragraph 63(1) in so far as it relates to that sub-paragraph.
3
25th February 2013 is the day appointed for the coming into force of paragraph 56 of Schedule 2 to, and section 31 of, the 2012 Act in so far as they relate to the paragraphs and sub-paragraphs of Schedule 2 to the 2012 Act specified in paragraph (2) of this article.
4
1st April 2013 is the day appointed for the coming into force of the following provisions of the 2012 Act (which also relate to loss of benefit)—
a
section 117(2) (benefit offences: disqualifying and sanctionable benefits) and section 117(1) in so far as it relates to section 117(2);
b
section 118 (benefit offences: period of sanction) in so far as it is not already in force;
c
section 119 (benefit offences: sanctions for repeated benefit fraud); and
d
in Schedule 2 (universal credit: amendments)—
i
paragraph 51, paragraph 43 of that Schedule in so far as it relates to paragraph 51 and section 31 in so far as it relates to both those paragraphs; and
ii
paragraphs 57, 58(2) (and paragraph 58(1) in so far as it relates to paragraph 58(2)), 59(2) (and paragraph 59(1) in so far as it relates to paragraph 59(2)) and 62, paragraph 56 in so far as it relates to those paragraphs and sub-paragraphs and section 31 in so far as it relates to the paragraphs and sub-paragraphs mentioned in this paragraph (that is, paragraph (ii) of article 6(4)(d)).
5
6th April 2013 is the day appointed for the coming into force of section 117 of the 2012 Act in so far as it is not already in force.
Appointed day for personal independence payment7
1
The day appointed for the coming into force of the provisions of the 2012 Act listed in paragraph (2) is 8th April 2013 in relation to a person whose only or principal residence is, on the date on which that person makes a claim for personal independence payment, located in an area to which one of the postcodes listed in Schedule 3 to this Order corresponds.
2
The provisions for the purposes of paragraph (1) are—
a
section 77(1), (2) and, to the extent that it is not already in force, (3) (personal independence payment);
b
section 78(1), (2), (5) and (6) (daily living component);
c
section 79(1), (2), (5) and (6) (mobility component);
d
section 82 (terminal illness);
e
section 83(1), (2) and, to the extent that it is not already in force, (3) (persons of pensionable age);
f
section 84 (no entitlement to daily living component where UK is not competent state);
g
section 87 to the extent that it is not already in force (prisoners and detainees);
h
section 88 (claims, awards and information);
i
section 89 (report to Parliament);
j
section 95 (interpretation of Part 4) to the extent that it is not already in force;
k
paragraphs 1 to 3, 5 to 25 and 27 to 50 of Schedule 9 and section 91 in so far as it relates to those paragraphs to the extent that those paragraphs and that section are not already in force.
Appointed day for council tax benefit8
1st April 2013 is the day appointed for the coming into force of the following provisions of the 2012 Act—
a
section 33(1)(e) (abolition of benefits – council tax benefit);
b
paragraphs 5 (and paragraph 4 in so far as it relates to paragraph 5) and 15 to 18 of Schedule 3 (abolition of benefits: consequential amendments), and section 33(3) in so far as it relates to those paragraphs, in so far as they relate to the abolition of council tax benefit; and
c
the provisions of Part 1 of Schedule 14 (repeals – abolition of benefits superseded by universal credit) which are specified in Schedule 4 to this Order in so far as they relate to the abolition of council tax benefit.
Savings for council tax benefit9
Notwithstanding the coming into force of Part 1 of Schedule 14 to the 2012 Act under article 8(c), the provisions specified in Schedule 4 to this Order and any regulations or orders made under them continue to have effect for any of the following matters arising on or after 1st April 2013 that relate to council tax benefit before 1st April 2013—
a
the administration of council tax benefit;
b
the administration of appeals against council tax benefit decisions;
c
the investigation and prosecution of offences relating to council tax benefit;
d
the recovery of excess council tax benefit;
e
the administration of civil and administrative penalties;
f
the payment of subsidy in respect of council tax benefit for years up to and including the year ending 31st March 2013.
Transitional provisions for council tax benefit10
1
For the purpose of allowing a billing authority, or in Scotland a local authority, to make decisions in relation to matters in respect of council tax benefit arising before 1st April 2013 where a claim is received on or after 1st April 2013—
a
the Council Tax Benefit Regulations 20064 as saved by virtue of article 9 are modified in accordance with Part 1 of Schedule 5 to this Order; and
b
the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20065 as saved by virtue of article 9 are modified in accordance with Part 2 of Schedule 5 to this Order.
SCHEDULES
SCHEDULE 1Provisions coming into force for regulation-making purposes on 25th February 2013
1
Section 5 (financial conditions of entitlement).
2
Section 6(1)(a) and (3) (restrictions on entitlement).
3
Section 8(3) (calculation of awards).
4
Section 12(1) (other particular needs or circumstances).
5
Section 14(5) (claimant commitment).
6
Section 17(4) and (5) (work search requirement).
7
Section 18(3) and (5) (work availability requirement).
8
Section 20(1) (claimants subject to work-focused interview requirement only).
9
Section 22(2) (claimants subject to all work-related requirements).
10
Section 26(2)(a) (higher-level sanctions).
11
Section 49(3) (claimant responsibilities for jobseeker’s allowance) and section 49(1) in so far as it relates to section 49(3).
12
Section 57(2) (claimant responsibilities for employment and support allowance) and section 57(1) in so far as it relates to section 57(2).
13
Section 77(3).
14
Section 83(3).
15
Section 87.
16
Section 95.
17
Section 101(1).
18
Section 102(6) (power to require consideration of revision before appeal), except in so far as it relates to paragraphs 12 to 14 of Schedule 11 (power to require consideration of revision before appeal), and section 102(1) in so far as it relates to that subsection.
19
Section 118(5) and (8)(b) and section 118(1) and (2) in so far as it relates to section 118(5) and (8)(b).
20
Paragraphs 4 and 23 of Schedule 2 and paragraph 3 and section 31 in so far as they relate to those paragraphs.
21
Paragraphs 2, 31 to 34, 43, 45, 47, 49 and 55 of Schedule 2 and section 31 in so far as it relates to those paragraphs.
22
Paragraph 32 of Schedule 9, paragraph 7 of Schedule 9 in so far as it relates to paragraph 32 and section 91 in so far as it relates to those paragraphs.
23
Paragraphs 39 and 41 of Schedule 9, paragraph 37 of Schedule 9 in so far as it relates to paragraphs 39 and 41 and section 91 in so far as it relates to those paragraphs.
24
Paragraphs 1 to 11 and 15 to 18 of Schedule 11.
SCHEDULE 2Provisions coming into force for all purposes on 25th February 2013
1
Section 2(2) (claims for universal credit).
2
Section 4(2), (3) and (5) to (7) (basic conditions of entitlement).
3
Section 7(2) and (3) (basis of awards).
4
Section 9(2) and (3) (standard allowance).
5
Section 10(2) to (5) (responsibility for children and young persons).
6
Section 11(3) to (5) (housing costs).
7
Section 12(3) and (4).
8
Section 15(2) and (3) (work-focused interview requirement).
9
Section 17(3)(f).
10
Section 19(2)(d), (3) and (4) (claimants subject to no work-related requirements).
11
Section 24(1), (5) and (6) (imposition of requirements).
12
Section 25 (compliance with requirements).
13
Section 26(6) to (8).
14
Section 27(4), (5) and (9) (other sanctions).
15
Section 28 (hardship payments).
16
Section 32 (power to make supplementary and consequential provision etc).
17
Section 37(3) to (7) (capability for work or work-related activity).
18
Section 39(3)(a) (couples).
19
Section 40 (interpretation of Part 1).
20
Section 42 (regulations: general).
21
Section 43 (regulations: procedure).
22
Section 49(6) and section 49(1) in so far as it relates to section 49(6).
23
Section 54(6) (claimant commitment for employment and support allowance) and section 54(1) in so far as it relates to section 54(6).
24
Section 57(6) and section 57(1) in so far as it relates to section 57(6).
25
Section 78(3) and (4).
26
Section 79(3), (4) and (7).
27
Section 80 (ability to carry out daily living activities or mobility activities).
28
Section 81 (required period condition: further provision).
29
Section 85 (care home residents).
30
Section 86 (hospital in-patients).
31
Section 92 (power to make supplementary and consequential amendments).
32
Section 93 (transitional).
33
Section 94 (regulations).
34
Section 98 (claims and awards).
35
Section 99 (powers to require information relating to claims and awards).
36
Section 100 (payments to joint claimants).
37
Section 102(2) to (5) and section 102(1) in so far as it relates to those subsections.
38
Section 104 (electronic communications).
39
Paragraphs 1, 3, 4, 5 and 7 of Schedule 1 (universal credit: supplementary regulation-making powers) and section 30 (supplementary regulation-making powers) in so far as it relates to those paragraphs.
40
Paragraphs 5, 6, 36, 46 and 48 of Schedule 2 and paragraph 3 of that Schedule and section 31 in so far as they relate to those paragraphs.
41
Paragraphs 2 and 3 of Schedule 5 (universal credit and other working-age benefits) and section 35 (universal credit and working-age benefits) in so far as it relates to those paragraphs.
42
Paragraphs 1(1) and (2)(b), 3(1)(a) to (c), 4(1)(a), 5(1), (2)(c) and (d) and (3)(a) and 6 of Schedule 6 (migration to universal credit) and section 36 in so far as it relates to those paragraphs.
43
Paragraphs 9, 40 and 42 of Schedule 9, paragraphs 7 and 37 of Schedule 9 in so far as they relate to paragraphs 9, 40 and 42 and section 91 in so far as it relates to those paragraphs.
44
Schedule 10 (personal independence payment: transitional).
SCHEDULE 3Postcodes for personal independence payment
BL
CA
CH except CH1, CH4, CH5, CH6, CH7 and CH8
CW
DH
DL except DL6, DL7, DL8, DL9, DL10 and DL11
FY
L
LA except LA2 7, LA2 8, LA6 2 and LA6 3
M
NE
PR
SR
TS except TS9
WA
WN
SCHEDULE 4Commencement of Repeals
Short title and chapter | Extent of repeal |
---|---|
Sections 123 to 137. Section 175(6). | |
Section 6. In section 7—
Sections 110A to 110AA. In section 111—
In section 115A—
In section 115B—
In section 116—
Section 116A. Section 121DA(6). Sections 122C to 122E. Section 128A (and the preceding cross-heading). Sections 138 to 140G. Section 176(1)(a) and (b). Section 182A(3)(c). Section 182B(2). In section 189—
In section 191, the definitions of—
In Schedule 4, the paragraphs headed “Local authorities etc”. | |
In Schedule 9, paragraphs 1 to 13, 15 to 17, 19 to 24 and 25(a) and (c). | |
Section 28. | |
Section 3. Section 4(1). Section 5. Sections 8 to 10. In Schedule 1, paragraphs 3 and 7. | |
Section 34. Section 79(8). | |
Sections 38 and 39. Section 50. In Schedule 1, paragraph 8(2)(b). | |
In Part 2 of Schedule 5, in Section F1, under the heading “Illustrations”, “administration and funding of housing benefit and council tax benefit;”. | |
Section 13A(4A). Section 29(2A). | |
Sections 57 and 58. | |
Section 115(1)(e), (j) and (k). | |
Section 68. In Schedule 6, paragraph 3. Schedule 7. | |
Section 1(5). Section 2(2). Section 6. In section 6B—
In section 7—
In section 9—
Section 14. | |
In Schedule 2, paragraph 15. | |
In Schedule 10, paragraph 3. | |
Sections 30 to 34. Sections 37 to 39. Section 41(2)(a) to (d) and (3). Sections 46 and 47. Section 48(1) to (3). In Schedule 5, paragraphs 1, 3 to 9, 12 and 13. | |
Section 147(2). Section 148(1)(b). Section 150. | |
Sections 35 and 36. | |
Section 130(7)(b) and (c). |
SCHEDULE 5Modifications
PART 1Modification of the Council Tax Benefit Regulations 2006
1
The Council Tax Benefit Regulations 20068 are modified as follows.
2
In regulation 69 (time and manner in which claims are to be made)9—
a
in paragraph (1), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”;
b
omit paragraph (3);
c
in paragraph (4)—
i
omit sub-paragraphs (a), (c) and (f); and
ii
in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;
d
omit paragraphs (4AA) to (4AE);
e
omit paragraph (4BA);
f
in paragraph (4C)—
i
for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”; and
ii
omit “or the Secretary of State”;
g
in paragraphs (4E) and (4F) omit “or the Secretary of State”;
h
in paragraph (5)—
i
in sub-paragraph (b) omit “or appropriate DWP office”;
ii
in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “or county offices”;
iii
in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;
iv
in sub-paragraph (d)(ii), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”; and
v
in sub-paragraph (e), for “authorised office, county offices or appropriate DWP office” substitute “or county offices”;
i
in paragraph (6) omit “or appropriate DWP office”;
j
omit paragraph (7A);
k
in paragraph (8), for “, (b) or (c)” substitute “or (b)”;
l
in paragraph (8A)—
i
at the end of sub-paragraph (b) omit “or”; and
ii
omit sub-paragraph (c); and
m
omit paragraph (15).
3
In regulation 72 (evidence and information)10—
a
in paragraph (1)—
i
for “paragraphs (1A) and (2)” substitute “paragraph (2)”; and
ii
omit “, or the Secretary of State requesting him,”; and
b
omit paragraph (1A).
4
In regulation 73 (amendment and withdrawal of claim)11—
a
in paragraph (2), for “paragraphs (4A) to (4AE)” substitute “paragraph (4A)”;
b
omit paragraph (5); and
c
in paragraph (6) omit “or (5)”.
5
In regulation 74 (duty to notify changes of circumstances)12—
a
in paragraph (1), for “paragraphs (3), (5) and (7)” substitute “paragraphs (3) and (5)”; and
b
omit paragraph (7).
PART 2Modification of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200613 are modified as follows.
2
In regulation 53 (time and manner in which claims are to be made)14—
a
in paragraph (1), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”;
b
omit paragraph (3);
c
in paragraph (4)—
i
omit sub-paragraphs (a), (c) and (f); and
ii
in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;
d
omit paragraphs (4B) to (4BD);
e
omit paragraph (4CA);
f
in paragraph (4D)—
i
for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”; and
ii
omit “or the Secretary of State”;
g
omit paragraph (4EA);
h
in paragraphs (4F) and (4G) omit “or the Secretary of State”;
i
in paragraph (5)—
i
in sub-paragraph (b) omit “or appropriate social security office”;
ii
in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “or county offices”;
iii
in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;
iv
in sub-paragraph (d)(ii), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”; and
v
in sub-paragraph (e), for “or authorised office, county offices or appropriate DWP office” substitute “or county offices”;
j
in paragraph (6) omit “or appropriate DWP office”;
k
omit paragraph (7A);
l
in paragraph (8), for “, (b) or (c)” substitute “or (b)”;
m
in paragraph (8A)—
i
at the end of sub-paragraph (b) omit “or”; and
ii
omit sub-paragraph (c); and
n
omit paragraph (14).
3
In regulation 57 (evidence and information)15—
a
in paragraph (1)—
i
for “paragraphs (1A) and (2)” substitute “paragraph (2)”; and
ii
omit “, or the Secretary of State requesting him,”; and
b
omit paragraph (1A).
4
In regulation 58 (amendment and withdrawal of claim)16—
a
in paragraph (2), for “paragraphs (4A) to (4BD)” substitute “paragraph (4A)”;
b
omit paragraph (5); and
c
in paragraph (6) omit “or (5)”.
5
In regulation 59 (duty to notify changes of circumstances)17—
a
in paragraph (1), for “paragraphs (3), (5) to (8) and (10)” substitute “paragraphs (3) and (5) to (8)”; and
b
omit paragraph (10).
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Welfare Reform Act 2012 were brought into force by a Statutory Instrument which was made before this Order was made.
Provision> | Date of commencement | S.I. Number |
---|---|---|
Section 44(5) | 10th June 2012 | |
Section 45 | 8th October 2012 | |
Section 46(1) and (3) (partially) | 10th June 2012 | |
Section 46(1) (partially) | 22nd October 2012 | |
Section 46(2) | 10th June 2012 | |
Section 46(3) (for all remaining purposes) | 22nd October 2012 | |
Section 46(4) | 22nd October 2012 | |
Section 47 | 20th March 2012 | |
Section 48 (partially) | 22nd October 2012 | |
Section 51 (partially) | 20th March 2012 | |
Section 51 (for all remaining purposes) | 1st May 2012 | |
Sections 52 and 53 | 1st May 2012 | |
Section 55 | 3rd December 2012 | |
Section 56 | 26th November 2012 | |
Section 58(1) and (2) | 20th March 2012 | |
Section 64 (partially) | 30th October 2012 | |
Section 64 (for all remaining purposes) | 5th December 2012 | |
Section 65 | 5th December 2012 | |
Section 66 (partially) | 30th October 2012 | |
Sections 67 and 68 | 5th December 2012 | |
Section 69 (partially) | 27th November 2012 | |
Section 69 (for all remaining purposes) | 1st January 2013 | |
Section 70(1) and (3) to (10) | 1st April 2013 | |
Section 70(2) | 1st August 2013 | |
Section 73 | 1st April 2013 | |
Section 96 (partially) | 27th November 2012 | |
Section 96 (for all remaining purposes) | 15th April 2013 | |
Section 97(1) to (4) | 27th November 2012 | |
Section 97(5) and (6) | 15th April 2013 | |
Section 105(1) (partially) | 1st July 2012 | |
Section 105(1) (partially) | 1st October 2012 | |
Section 105(4) | 1st October 2012 | |
Section 106 | 1st July 2012 | |
Sections 113 to 115 | 8th May 2012 | |
Section 116(1) (partially) | 10th May 2012 | |
Section 116(1) (for all remaining purposes) | 1st October 2012 | |
Section 116(2) | 10th May 2012 | |
Section 120 (partially) | 1st February 2013 | |
Section 120 (for all remaining purposes) | 6th April 2013 | |
Sections 122, 123 and 12518 | 6th June 2012 | |
Sections 128 and 129 | 20th March 2012 | |
Section 130 (partially) | 20th March 2012 | |
Section 130 (for all remaining purposes) | 8th May 2012 | |
Section 131 (partially) | 20th March 2012 | |
Section 131 (for all remaining purposes) | 8th May 2012 | |
Section 132(8) | 20th March 2012 | |
Section 132 (for all remaining purposes) | 8th May 2012 | |
Section 133(1) to (4) | 20th March 2012 | |
Section 133(6) | 2nd July 2012 | |
Sections 143, 144 and 146 | 8th May 2012 | |
Schedule 7 (partially) | 22nd October 2012 | |
Schedule 8 (partially) | 1st April 2013 | |
Schedule 8 (for all remaining purposes) | 1st August 2013 | |
Part 3 of Schedule 14 (partially) | 22nd October 2012 | |
Part 8 of Schedule 14 (partially) | 1st April 2013 | |
Part 8 of Schedule 14 (partially) | 1st August 2013 | |
Part 14 of Schedule 14 | 8th May 2012 |