Interpretation

2.—(1) In this Order—

“the Act” means the Welfare Reform Act 2012 (apart from in Schedule 4);

“the 1995 Act” means the Jobseekers Act 1995(1);

“the 2007 Act” means the Welfare Reform Act 2007(2);

“the amending provisions” means the provisions referred to in article 4(1)(a) to (c);

“appointed day” means the day appointed for the coming into force of the amending provisions in accordance with article 4(3);

[F1“claimant”—

(a)

in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007, save as mentioned in article 5(1A);

(b)

in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995 (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance), save as mentioned in article 5(1A);

(c)

in relation to universal credit, has the same meaning as in Part 1 of the Act;]

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987(3);

“the Claims and Payments Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(4);

“contribution-based jobseeker’s allowance” means a contribution-based allowance under the 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based allowance;

“contributory employment and support allowance” means a contributory allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;

[F2“conversion decision” has the meaning given by the 2010 Transitional Regulations;]

“the Decisions and Appeals Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013(5);

[F3“the Digital Service Regulations 2014” means the Universal Credit (Digital Service) Amendment Regulations 2014;]

[F4“disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992;]

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

“the ESA Regulations 2008” means the Employment and Support Allowance Regulations 2008(6);

“the ESA Regulations 2013” means the Employment and Support Allowance Regulations 2013(7);

F5...

[F6“First-tier Tribunal” has the same meaning as in the Social Security Act 1998;

“gateway conditions” means the conditions specified in Schedule 5;

“housing benefit” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992;]

“income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under the 1995 Act;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the 2007 Act;

[F7“income support” means income support under section 124 of the Social Security Contributions and Benefits Act 1992;]

“jobseeker’s allowance” means an allowance under the 1995 Act;

[F8“[F9joint claimants]”, in relation to universal credit, has the same meaning as in Part 1 of the Act;]

“the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations 1996(8);

“the JSA Regulations 2013” means the Jobseeker’s Allowance Regulations 2013(9);

[F10“new style ESA” means an employment and support allowance under Part 1 of the 2007 Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance and “new style ESA award” shall be construed accordingly;]

[F10“new style JSA” means a jobseeker’s allowance under the 1995 Act as amended by the provisions of Part 1 of Schedule 14 to the Act that remove references to an income-based allowance and “new style JSA award” shall be construed accordingly;]

[F10“old style ESA” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance and “old style ESA award” shall be construed accordingly;]

[F10“old style JSA” means a jobseeker’s allowance under the 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance and “old style JSA award” shall be construed accordingly;]

[F11“personal independence payment” means an allowance under Part 4 of the Act;]

“relevant districts” means the postcode districts specified in Schedule 1;

[F12“single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act;

“state pension credit” means state pension credit under the State Pension Credit Act 2002;

“tax credit” (including “child tax credit” and “working tax credit”) has the same meaning as in the Tax Credits Act 2002;]

F13...

“the 2010 Transitional Regulations” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit)(Existing Awards)(No.2) Regulations 2010(10).

[F14“the 2014 Transitional Regulations” means the Universal Credit (Transitional Provisions) Regulations 2014;

“the Universal Credit Regulations” means the Universal Credit Regulations 2013;

“Upper Tribunal” has the same meaning as in the Social Security Act 1998.]

[F15(2) For the purposes of this Order—

(a)the Claims and Payments Regulations 2013 apply for the purpose of deciding—

(i)whether a claim for universal credit is made or is to be treated as made; and

(ii)the date on which such a claim is made; and

(b)where a couple is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations 2013, as making a claim for universal credit, references to the date on which the claim is treated as made are to the date of formation of the couple.]

Textual Amendments