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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
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Changes and effects yet to be applied to Schedule 5:
- Sch. 5 para. 7(e) amended by S.I. 2015/1537 art. 5(1)art. 5(2)(a)
- Sch. 5 amended by S.I. 2018/138 art. 3(1)art. 3(2)(k)
- Sch. 5 modified by S.I. 2015/101 art. 2(2)-(4)
- Sch. 5 para. 6(1) substituted by S.I. 2015/32 art. 3(1) 4(5)(b)(i)
- Sch. 5 para. 6(2)(a) substituted by S.I. 2015/32 art. 3(1) 4(5)(b)(ii)
- Sch. 5 para. 6(3)(c) and semi colon added substituted by S.I. 2015/32 art. 3(1) 4(5)(b)(iii)
- Sch. 5 para. 7(e) substituted by S.I. 2015/32 art. 3(3) 5(b)
- Sch. 5 para. 4(1) sum substituted by S.I. 2015/32 art. 3(3) 5(a)(i)
- Sch. 5 para. 4(2)(a) sum substituted by S.I. 2015/32 art. 3(3) 5(a)(i)
- Sch. 5 para. 4(2)(b) sum substituted by S.I. 2015/32 art. 3(3) 5(a)(ii)
- Sch. 5 para. 3(1)(e) words omitted by S.I. 2015/32 art. 3(1) 4(5)(a)(i)
- Sch. 5 para. 3(1)(f) words omitted by S.I. 2015/32 art. 3(1) 4(5)(a)(ii)
- Order amended by S.I. 2015/634 art. 8(1)(3)
- art. 3A amended by S.I. 2018/138 art. 3(1)art. 3(2)(d)-(f)
- art. 3A applied by S.I. 2016/33 art. 3(5)
- art. 3A applied by S.I. 2016/407 art. 3(5)
- art. 4(8)(9) inserted by S.I. 2015/32 art. 3(1) 4(3)
- art. 5(8) applied by S.I. 2019/167 art. 4(9)
- art. 5A revoked by S.I. 2022/752 Sch. para. 2(2)
- art. 5A(1) words inserted by S.I. 2017/483 art. 2(2)
- art. 5A(1) words inserted by S.I. 2019/10 reg. 3(1)
- art. 5A(1) words inserted by S.I. 2019/167 art. 5(2)(a)
- art. 5A(1) words omitted by S.I. 2019/27 reg. 4(1)
- art. 5A(1) words omitted by S.I. 2022/302 Sch. para. 1(2)
- art. 6(1)(e)(ii) and word omitted by S.I. 2022/752 Sch. para. 2(3)
- art. 6(1)(e)(ii) words inserted by S.I. 2017/483 art. 2(3)
- art. 6(1)(e)(ii) words omitted by S.I. 2022/302 Sch. para. 1(3)
- art. 6(1)(e)(ii) words substituted by S.I. 2019/167 art. 5(2)(b)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order amended by S.I. 2015/634 art. 8(1)(3)
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 5 amended by S.I. 2018/138 art. 3(1)art. 3(2)(k)
- Sch. 5 para. 6(3)(c) and semi colon added substituted by S.I. 2015/32 art. 3(1) 4(5)(b)(iii)
- art. 3A amended by S.I. 2018/138 art. 3(1)art. 3(2)(d)-(f)
- art. 3A applied by S.I. 2016/33 art. 3(5)
- art. 3A applied by S.I. 2016/407 art. 3(5)
- art. 4(8)(9) inserted by S.I. 2015/32 art. 3(1) 4(3)
- art. 5(8) applied by S.I. 2019/167 art. 4(9)
- art. 5A revoked by S.I. 2022/752 Sch. para. 2(2)
- art. 5A(1) words inserted by S.I. 2017/483 art. 2(2)
- art. 5A(1) words inserted by S.I. 2019/10 reg. 3(1)
- art. 5A(1) words inserted by S.I. 2019/167 art. 5(2)(a)
- art. 5A(1) words omitted by S.I. 2019/27 reg. 4(1)
- art. 5A(1) words omitted by S.I. 2022/302 Sch. para. 1(2)
- art. 6(1)(e)(ii) and word omitted by S.I. 2022/752 Sch. para. 2(3)
- art. 6(1)(e)(ii) words inserted by S.I. 2017/483 art. 2(3)
- art. 6(1)(e)(ii) words omitted by S.I. 2022/302 Sch. para. 1(3)
- art. 6(1)(e)(ii) words substituted by S.I. 2019/167 art. 5(2)(b)
Article 2(1)
[F1SCHEDULE 5THE GATEWAY CONDITIONS
Textual Amendments
F1Sch. 5 inserted (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), arts. 3, 16
Personal characteristics
1. The claimant must be—
(a)aged at least 18 years, but under 60 years and six months;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a British citizen who—
(i)has resided in the United Kingdom throughout the period of two years ending with the date on which the claim for universal credit is made; and
(ii)has not, during that period, left the United Kingdom for a continuous period of four weeks or more.
Textual Amendments
F2Sch. 5 para. 1(b) omitted (28.7.2014 for specified purposes) by virtue of The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 4(7)(a)
Fitness to work
2.—(1) The claimant must not—
(a)be pregnant; or
(b)have been pregnant, if the date of her confinement occurred during the period of 15 weeks ending with the date on which the claim for universal credit is made.
(2) In this paragraph, “confinement” has the same meaning as in regulation 8(4) of the Universal Credit Regulations.
(3) The claimant—
(a)must not have obtained from a doctor a statement given in accordance with the rules set out in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976 (“a statement of fitness for work”) in respect of the date on which the claim for universal credit is made, unless it has been determined, since the statement was given, that the claimant does not have limited capability for work within the meaning of the 2007 Act;
(b)must not have applied for a statement of fitness for work;
(c)must declare that the claimant does not consider himself or herself to be unfit for work; and
(d)must not have been the subject of a determination that the claimant has limited capability for work within the meaning of the 2007 Act, unless it has subsequently been determined that the claimant does not have limited capability for work within the meaning of that Act.
Existing benefits
3.—(1) The claimant must not be entitled to—
[F3(a)old style ESA;
(b)old style JSA;
(c)income support;]
(d)incapacity benefit or severe disablement allowance, as defined in Schedule 4 to the 2007 Act;
(e)disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992; or
(f)personal independence payment under Part 4 of the Act.
F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The claimant must not be awaiting—
[F5(a)a decision on a claim for—
(i)any benefit mentioned in sub-paragraph (1)(a) to (c);
(ii)a tax credit; or
(iii)housing benefit;]
(b)the outcome of an application—
(i)to the Secretary of State to consider whether to revise, under section 9 of the Social Security Act 1998, a decision that the claimant is not entitled to old style JSA, old style ESA or income support; or
(ii)to the relevant authority (within the meaning of the Child Support, Pensions and Social Security Act 2000) to consider whether to revise, under Schedule 7 to that Act, a decision that the claimant is not entitled to housing benefit.
(4) If the claimant has appealed against a decision that he or she is not entitled to a benefit mentioned in sub-paragraph (1)(a) to (c), the Secretary of State must be satisfied—
(a)that the appeal to the First-tier Tribunal, and any subsequent appeal to the Upper Tribunal or to a court, is not ongoing; and
(b)where an appeal has been finally determined, that there is no possibility of a further appeal by any party.
F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 5 para. 3(1)(a)-(c) substituted (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(b)(i)
F4Sch. 5 para. 3(2) omitted (30.6.2014 for specified purposes) by virtue of The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(b)(ii)
F5Sch. 5 para. 3(3)(a) substituted (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(b)(iii)
F6Sch. 5 para. 3(5)(6) omitted (30.6.2014 for specified purposes) by virtue of The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(b)(iv)
Income and capital
[F74.—(1) If the claimant is a single claimant, the claimant must declare that, during the period of one month starting with the date on which the claim for universal credit is made, the claimant’s earned income is expected not to exceed £330.
(2) If the claim for universal credit is made by a couple as joint claimants, they must declare that, during the period of one month starting with the date on which the claim is made—
(a)in relation to each member of the couple, the earned income of that member is expected not to exceed £330; and
(b)the couple’s total earned income is expected not to exceed £525.
(3) If the claimant is a single claimant and is not a member of a couple, the claimant’s capital must not exceed £6,000.
(4) If the claimant is a single claimant and is a member of a couple, the couple’s total capital must not exceed £6,000.
(5) If the claim for universal credit is made by a couple as joint claimants, the couple’s total capital must not exceed £6,000.
(6) For the purposes of this paragraph, “couple” has the same meaning as it has in section 39 of the Act and “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations.]
Textual Amendments
F7Sch. 5 para. 4 substituted (28.7.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 4(7)(b)
Housing
5. The claimant must not—
(a)be homeless (within the meaning of section 175 of the Housing Act 1996) and must currently reside at his or her usual address;
(b)reside in accommodation in which care, supervision, counselling, advice or other support services (other than services connected solely with the provision of adequate accommodation) are made available to the claimant by or on behalf of the person by whom the accommodation is provided, with a view to enabling the claimant to live there;
(c)reside in the same household as a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006) and who is absent from the household in connection with that role; or
(d)own, or partly own, the property in which he or she resides.
Caring responsibilities
6.—(1) There must not be—
(a)a child living with the claimant some or all of the time;
(b)a person (“the young person”) living with the claimant some or all of the time if—
(i)the young person is not a child, but is under the age of 20; and
(ii)the claimant would be responsible for the young person for the purposes of regulation 4 of the Universal Credit Regulations, if the young person were a qualifying young person within the meaning of regulation 5 of those Regulations.
(2) The claimant must not—
(a)be an adopter (within the meaning of the Universal Credit Regulations) with whom a child is expected to be placed during the period of [F8two months] beginning with the date on which the claim for universal credit is made;
(b)be a foster parent;
(c)be liable to pay child support maintenance under the Child Support Act 1991; or
(d)have any responsibility for providing care to a person who has a physical or mental impairment, other than in the course of paid or voluntary employment.
(3) For the purposes of this paragraph—
(a)“child” has the same meaning as in Part 1 of the Act;
(b)“foster parent” means—
(i)in relation to England, a person who is approved as a foster parent under the Fostering Services (England) Regulations 2011;
(ii)in relation to Wales, a person who is approved as a foster parent under the Fostering Services (Wales) Regulations 2003;
(iii)in relation to Scotland, a person who is approved as a kinship carer or a foster carer under the Looked After Children (Scotland) Regulations 2009.
Textual Amendments
F8Words in Sch. 5 para. 6(2)(a) substituted (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(d)
Other requirements
7. The claimant—
[F9(a)must not be carrying on a trade, profession or vocation in respect of which he or she receives self-employed earnings (within the meaning of regulation 57 of the Universal Credit Regulations) and must declare that he or she does not expect to carry on such a trade, profession or vocation during the period of one month starting with the date on which the claim for universal credit is made;]
(b)must not be receiving education or undertaking a course of training of any kind and must declare that he or she does not intend to engage in education or training of any kind (other than where required to do so by the Secretary of State, or by agreement with the Secretary of State, in connection with an award of universal credit) during the period of one month starting with the date on which the claim for universal credit is made;
(c)must not have—
(i)a deputy appointed by the Court of Protection under Part 1 of the Mental Capacity Act 2005 (“the 2005 Act”);
(ii)a receiver appointed under Part 7 of the Mental Health Act 1983 and treated as a deputy by virtue of the 2005 Act; or
(iii)any other person acting on the claimant’s behalf in relation to the claim for universal credit;
(d)must have a national insurance number;
(e)must have an account with a bank, a building society or the Post Office, or a current account with a Credit Union (within the meaning of the Credit Unions Act 1979)[F10;
(f)must not be—
(i)a company director, within the meaning of the Companies Act 2006; or
(ii)a member of a limited liability partnership, within the meaning of the Limited Liability Partnerships Act 2000.]
Textual Amendments
F9Sch. 5 para. 7(a) substituted (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(e)(i)
F10Sch. 5 para. 7(f) and word inserted (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(e)(ii)
Declarations
8.—[F11(1)] [F12A] declaration which is required by paragraph 2(3)(c), 4(1) [F13, 4(2)] or 7(a) or (b) is to be made by such method as may be required by the Secretary of State in relation to the person by whom it is to be made.]
[F14(2) A declaration which is required by paragraph 4(2) in relation to a couple may be made on behalf of the couple by both members of the couple or by either of them.]
Textual Amendments
F11Sch. 5 para. 8(1): Sch. 5 para. 8 renumbered as para. 8(1) (28.7.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 4(7)(c)
F12Word in Sch. 5 para. 8 substituted (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(4)(f)
F13Words in Sch. 5 para. 8(1) inserted (28.7.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 4(7)(c)(i)
F14Sch. 5 para. 8(2) inserted (28.7.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 4(7)(c)(ii)
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