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

Transitional provision: where the abolition of income-related employment and support allowance and income-based jobseeker’s allowance is treated as not applying

6.—(1) Paragraph (2) applies where—

(a) a person has or had a new style ESA award or a new style JSA award (“the award”);

(b) in respect of all or part of the period to which the award relates, the person—

(i) makes a claim, or is treated as making a claim, for universal credit; or

(ii) makes an application to the Secretary of State for supersession of the decision to make the award, on the basis of a relevant change of circumstances that would relate to the grounds for entitlement to an income-related employment and support allowance or an income-based jobseeker’s allowance if the amending provisions had not come into force under article 4(1);

(c) if the amending provisions had not come into force under article 4(1) and, in the case of a claim for universal credit, an application for supersession of the decision to make the award had been made, the person would be entitled to an income-related employment and support allowance or an income-based jobseeker’s allowance, as the case may be, with respect to the period for which the claim for universal credit or application for supersession is made;

(d) where the person makes an application for supersession of the decision to make the award, the period in respect of which the application is made does not include any period in respect of which the person has been awarded universal credit;

(e) where the person makes a claim, or is treated as making a claim, for universal credit, the claim does not fall within a case referred to in article 4(2)(b), (c) or (d); and

(f) on the day on which the claim for universal credit is made or treated as made, or the application for supersession is received, as the case may be, the person—

(i) does not reside in one of the relevant districts; or

(ii) does not fall within the Pathfinder Group.

(2) Where this paragraph applies, then, in relation to the award and with effect from the first day of the period in respect of which the claim is made or treated as made, or the application for supersession is made, the 1995 Act or Part 1 of the 2007 Act, as the case may be, is to apply as though the amending provisions had not come into force under article 4(1).

(3) For the purposes of paragraph (1)(f)—

(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 day on which the claim is made or is to be treated as made; and

(b) in determining whether a person falls within the Pathfinder Group, the requirements of regulations 5 to 12 of the Transitional Regulations are to be read as though any reference to making a claim for universal credit included a reference to making an application for supersession of a decision to make an award of an employment and support allowance or of a jobseeker’s allowance, as the case may be.

(4) For the purposes of paragraph (2), the reference to the period in respect of which the application for supersession is made is a reference to the period beginning with the day from which the superseding decision takes effect in accordance with section 10(5) of the Social Security Act 1998(1) and regulation 35 of, and Schedule 1 to, the Decisions and Appeals Regulations 2013 (effectives dates: Secretary of State decisions).

(5) For the purposes of paragraph (2), the reference to the first day of the period in respect of which the claim for universal credit is made or treated as made, in a case where the time for making a claim for universal credit is extended under regulation 26(2) of the Claims and Payments Regulations 2013, 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. 6 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. 5

(1)

1998 c.14.