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 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—

(a) section 33(1)(a) and (b) and (2) of the Act (abolition of benefits);

(b) paragraphs 22 to 26 of Schedule 3 to the Act (abolition of benefits: consequential amendments) and section 33(3) of the Act in so far as it relates to those paragraphs; and

(c) the repeals in Part 1 of Schedule 14 to the Act (abolition of benefits superseded by universal credit) that are referred to in Schedule 3,

in relation to the case of a claim referred to in paragraph (2)(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 (2)(e) and (f), is the day appointed in accordance with paragraph (3).

(2) The claims and awards 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 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 and falls within the Pathfinder Group;

(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 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;

(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 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) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple).

(3) The day appointed in relation to the cases of the claims and awards referred to in paragraph (1) is—

(a) in the case of a claim referred to in paragraph (2)(a) to (d), the first day of the period in respect of which the claim is made or treated as made; and

(b) in the case of an award referred to in paragraph (2)(e) or (f), the first day on which a person is entitled to universal credit under that award.

(4) The references in paragraph (1) to an award of universal credit include a reference to any claim for an employment and support allowance or a jobseeker’s allowance that does not fall within paragraph (2)(a) and that is made or treated as made during the period of the award by any person to whom the award is made and to any notice under regulation 4 of the 2010 Transitional Regulations that is issued to such a person within that period, and to any—

(a) award of an employment and support allowance or of a jobseeker’s allowance that is made in respect of the claim; or

(b) award of an employment and support allowance that is made in respect of the award of incapacity benefit or severe disablement allowance to which the notice relates,

where, in relation to a claim, the claim meets the condition referred to in paragraph (5).

(5) The condition referred to is that the claim is made or treated as made in respect of a period that begins on or after the day appointed in relation to—

(a) where the award of universal credit is made with respect to a claim referred to in paragraph (2)(a) to (d), the case of that claim and the award;

(b) where the award of universal credit is an award referred to in paragraph (2)(e) or (f), the case of the award.

Modifications etc. (not altering text)

C1 Art. 4(4)(5) applied (with application in accordance with art. 4(2) 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. 4(4)