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

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

3.—(1) 29th April 2013 is the day appointed for the coming into force of—

(a) sections 29 (delegation and contracting out), 37(1), (2), (8) and (9) (capability for work or work-related activity), 38 (information) and 39(1), (2), (3)(b) and (c) (couples) of the Act;

(b) the following paragraphs of Schedule 2 to the Act (universal credit: amendments) and section 31 of the Act (supplementary and consequential amendments) in so far as it relates to those paragraphs, in so far as they are not already in force—

(i) paragraphs 1, 2, 32 to 35, 37 to 42, 52 to 55 and 65;

(ii) paragraphs 4, 8, 10 to 23, 25 and 27 to 31 and paragraph 3 in so far as it relates to those paragraphs; and

(iii) paragraphs 44, 45, 47, 49, 50(2) and 50(1) in so far as it relates to 50(2), and paragraph 43 in so far as it relates to those paragraphs and sub-paragraphs; and

(c) paragraph 1 of Schedule 5 to the Act (universal credit and other working-age benefits) and section 35 of the Act in so far as it relates to that paragraph.

(2) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (3)(a) to (d) and any award that is made in respect of such a claim, and in relation to the case of an award referred to in paragraph (3)(e) or (f), is the day appointed in accordance with paragraph (4).

(3) The claims and awards referred to are—

(a) a claim for universal credit that is made or treated as made in respect of a period that begins on or after 29th April 2013 by a person who, on the day on which the claim is made or treated as made, resides in one of the relevant districts;

(b) a claim for universal credit that is made or treated as made by a person in respect of a period that begins on or after 29th April 2013 where—

(i) the person does not reside in one of the 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;

(c) a claim for universal credit that is treated as made by a couple in the circumstances referred to in regulation 3(4) of the Transitional Regulations (entitlement to claim universal credit);

(d) a claim for universal credit by a former member of a couple that is made or treated as made in the circumstances referred to in regulation 3(2) of the Transitional Regulations (entitlement to claim universal credit), within the period of one month referred to in that provision;

(e) an award of universal credit that is made without a claim in the circumstances referred to in regulation 6(1) or (2) of the Claims and Payments Regulations 2013 (claims not required for entitlement to universal credit in some cases); and

(f) an award of universal credit that is made without a claim in the circumstances referred to in regulation 9(6), (7) or (10) the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple).

(4) The day appointed in relation to the cases of the claims and awards referred to in paragraph (2) is—

(a) in the case of a claim referred to in paragraph (3)(a) to (d), the first day of the period in respect of which the claim is made or treated as made;

(b) in the case of an award referred to in paragraph (3)(e) or (f), the first day on which a person is entitled to universal credit under that award.

(5) For the purposes of paragraph (3)(a) to (d), the Claims and Payments Regulations 2013 apply for the purpose of deciding—

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

(b) the day on which the claim is made or is to be treated as made.

(6) For the purposes of paragraph (4)(a), where the time for making a claim for universal credit is extended under regulation 26(2) of the Claims and Payments Regulations 2013, the reference to the first day of the period in respect of which the claim is made or treated as made is a reference to the first day of the period in respect of which the claim is, by reason of the operation of that provision, timeously made or treated as made.

Modifications etc. (not altering text)

C1 Art. 3(5)(6) applied (with application in accordance with art. 3(2)(3) of the amending S.I.) by 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 (S.I. 2013/1511), art. 3(4)(5)