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

Article 2(1)

SCHEDULE 1 POSTCODE DISTRICTS

1.  M43

2.  OL6

3.  OL7

4.  SK16

Article 3(2)

SCHEDULE 2 UNIVERSAL CREDIT PROVISIONS COMING INTO FORCE IN RELATION TO CERTAIN CLAIMS AND AWARDS

1.  Section 1 (universal credit).

2.  Section 2(1) (claims).

3.  Section 3 (entitlement).

4.  Section 4(1) and (4) (basic conditions).

5.  Section 5 (financial conditions).

6.  Section 6 (restrictions on entitlement).

7.  Section 7(1) and (4) (basis of awards).

8.  Section 8 (calculation of awards).

9.  Section 9(1) (standard allowance).

10.  Section 10(1) (responsibility for children and young persons).

11.  Section 11(1) and (2) (housing costs).

12.  Section 12(1) and (2) (other particular needs or circumstances).

13.  Section 13 (work-related requirements: introductory).

14.  Section 14 (claimant commitment).

15.  Section 15(1) and (4) (work-focused interview requirement).

16.  Section 16 (work preparation requirement).

17.  Section 17(1), (2), (3)(a) to (e), (4) and (5) (work search requirement).

18.  Section 18 (work availability requirement).

19.  Section 19(1), (2)(a) to (c), (5) and (6) (claimants subject to no work-related requirements).

20.  Section 20 (claimants subject to work-focused interview requirement only).

21.  Section 21 (claimants subject to work preparation requirement).

22.  Section 22 (claimants subject to all work-related requirements).

23.  Section 23 (connected requirements).

24.  Section 24(2), (3) and (4) (imposition of requirements).

25.  Section 26(1) to (5) (higher-level sanctions).

26.  Section 27(1) to (3) and (6) to (8) (other sanctions).

Article 4(1)

SCHEDULE 3 COMMENCEMENT OF REPEALS IN PART 1 OF SCHEDULE 14 TO THE ACT

Short title and chapter	Extent of repeal
Jobseekers Act 1995 (c.18)	Section 1(2A) to (2D) and (4). In section 2, in subsection (3C)(d), “contribution-based”. Sections 3 to 3B. In section 4— (a) in subsection (1), “contribution-based”; (b) subsections (3), (3A) and (6) to (11A). Section 4A. In section 5— (a) in the heading and in subsection (1) “contribution-based”; (b) in subsection (2), “contribution-based” in the first two places; (c) in subsection (3), “contribution-based”. Section 13. Sections 15 to 17. In section 17A(10), the definition of “claimant”. Section 23. Sections 26. In section 35(1)— (a) in the definition of “claimant”, the words from “except” to the end; (b) the definitions of “contribution-based jobseeker’s allowance”, “income-based jobseeker’s allowance”, “income-related employment and support allowance”, “joint-claim couple”, “joint-claim jobseeker’s allowance” and “the nominated member”. In section 38— (a) in subsections (3) and (4), “contribution-based”; (b) subsection (6). In Schedule 1— (a) in paragraph 6(1), “contribution-based”; (b) paragraphs 8 and 8A; (c) paragraphs 9 to 10; (d) in paragraph 11(1), “contribution-based”; (e) in paragraph 16(1) and (2)(d), “contribution-based”; (f) paragraph 18(b) and (c).
Welfare Reform and Pensions Act 1999 (c.30)	In Schedule 7, paragraphs 2(3) and (4), 4, 5(3) and (4), 6, 9 to 11, 15 and 16. In Schedule 8, paragraph 29(2).
State Pension Credit Act 2002 (c.16)	In Schedule 2, paragraphs 36 to 38.
Income Tax (Earnings and Payments) Act 2003 (c.1)	In Schedule 6, paragraphs 228 to 230.
Civil Partnership Act 2004 (c.33)	In Schedule 24, paragraphs 118 to 122.
Welfare Reform Act 2007 (c.5)	In section 1— (a) in subsection (2), in the opening words, “either”; (b) in subsection (2)(a), “Part 1 of” and “that Part of”; (c) subsection (2)(b) and the preceding “or”; (d) in subsection (3)(f), the words from “(and” to “allowance)”; (e) in subsection (3A), “Part 1 of”; (f) in subsection (6), the definition of “joint-claim jobseeker’s allowance”; (g) subsections (6A) and (7). In subsection 1A— (a) in the heading “contributory”; (b) in subsections (1) (in both places), (3) and (4), “Part 1 of”. Section 1B(2). In section 2, in the heading, “contributory”. In section 3, in the heading, “contributory”. Sections 4 to 6. Section 23. In section 24(1), the definitions of “contributory allowance” and “income-related allowance”. In section 26(1)(a), “or 4(4)(c) or (5)(c)”. Section 27(2)(a) and (4). In Schedule 1— (a) the heading to Part 1; (b) Part 2. In Schedule 2— (a) in the headings to paragraphs 6 and 7, “Contributory allowance:”; (b) paragraph 8; (c) paragraph 11(b) and (c); (d) paragraph 12, so far as not otherwise repealed.
Welfare Reform Act 2009 (c.24)	In Part 3 of Schedule 7, the entry relating to the Civil Partnership Act 2004.

Article 9

SCHEDULE 4 MODIFICATIONS OF THE 2010 TRANSITIONAL REGULATIONS

1.  The 2010 Transitional Regulations are to be read as if the amendments set out in this Schedule were made.

2.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) insert at the appropriate places in the alphabetical order of the definitions—

““the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(1);”;

““the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013(2);”;

““the ESA Regulations” means the Employment and Support Allowance Regulations 2013(3);”;

(b) omit—

(i) the definition of “income-related allowance”;

(ii) paragraphs (a) to (d) of the definition of “relevant deduction”(4);

(c) in the definition of “benefit week”, for “the 2008 Regulations” substitute “the ESA Regulations”.

(3) In paragraph (3), omit “or awards”.

3.  In regulation 4 (the notice commencing the conversion phase), omit paragraph (6).

4.  In regulation 5 (deciding whether an existing award qualifies for conversion)—

(a) in paragraph (1), omit “or awards”;

(b) in paragraph (2)(a), for “or awards qualify” substitute “qualifies”;

(c) in paragraph (2)(b), for “or awards do” substitute “does”;

(d) in paragraph (6)(b), omit “or awards”.

5.  In regulation 6(2) (application of certain enactments for purpose of making conversion decisions)—

(a) for sub-paragraphs (b) and (c), substitute—

“(b) the ESA Regulations;

(c) regulation 38(2) and (3) of the Claims and Payments Regulations (evidence and information in connection with an award);”;

(b) for sub-paragraph (e), substitute—

“(e) the Decisions and Appeals Regulations.”

6.  In regulation 7 (qualifying for conversion)(5)—

(a) in paragraph (1)—

(i) omit “or awards”;

(ii) for “qualify” substitute “qualifies”;

(b) in paragraphs (2)(b) and (3)(b), for “regulation 30 of the 2008 Regulations” substitute “regulation 26 of the ESA Regulations”.

7.  In regulation 8(1) (amount of an employment and support allowance on conversion)(6), for “the 2008 Regulations” substitute “the ESA Regulations”.

8.  In regulation 9(1) (determining entitlement to a transitional addition)—

(a) for “or awards qualify” substitute “qualifies”;

(b) omit “or 11(2) (transitional addition: income support)”.

9.  In regulation 10 (transitional addition: incapacity benefit or severe disablement allowance)—

(a) in paragraph (1), omit “(and for these purposes it is irrelevant whether the person is also entitled to any existing award of income support)”;

(b) in paragraph (4)(a), for “paragraph (2) of regulation 67 of the 2008 Regulations (prescribed amounts for purpose of calculating a contributory allowance)” substitute “paragraph (1) of regulation 62 of the ESA Regulations (prescribed amounts)”.

10.  Omit regulation 11 (transitional addition: income support).

11.  In regulation 12 (regulations 10 and 11: supplementary)—

(a) in the title, for “Regulations 10 and 11” substitute “Regulation 10”;

(b) in paragraph (1), for “regulations 10 and 11” substitute “regulation 10”;

(c) in paragraph (2), for “Amounts A and C are” substitute “Amount A is” and for “Amounts B and D are” substitute “Amount B is”;

(d) for paragraph (3)(a), substitute—

“(a) by virtue of an order made under section 150 of the Administration Act (annual up-rating of benefits)(7), there is an increase in the weekly rate which, in accordance with regulation 10(3) (transitional addition: incapacity benefit or severe disablement allowance), is to be used to calculate Amount A; and”;

(e) in paragraph (4)(a), for “paragraph (3)(a)(i) or (ii)” substitute “paragraph (3)(a)”;

(f) in paragraphs (3) and (4), omit “or C” and “or applicable amount (as the case may be)”.

12.  In regulation 13(3) (the effective date of a conversion decision), omit “or awards”.

13.  In regulation 14 (conversion decision that existing award qualifies for conversion)(8)—

(a) in paragraph (1)—

(i) for “Subject to paragraph (2A), paragraphs (2) to (6)” substitute “Paragraphs (2) to (5)”;

(ii) for “or awards qualify” substitute “qualifies”;

(b) for paragraph (2), substitute—

“(2) On the effective date of the conversion decision P’s existing award is by virtue of this paragraph converted into, and shall have effect on and after that date as, a single award of an employment and support allowance of such amount as is specified in the conversion decision.”;

(c) omit paragraphs (2A), (2B) and (6);

(d) in paragraph (4), omit “or awards”;

(e) for paragraph (7), substitute—

“(7) In this regulation paragraphs (2) to (5) are subject to regulation 17 (changes of circumstances before the effective date).”.

14.  In regulation 15 (conversion decision that existing award does not qualify for conversion)(9)—

(a) in paragraph (1)—

(i) for “Subject to paragraphs (2A) and (4), paragraphs (2), (3) and (6)” substitute “Subject to paragraph (4), paragraphs (2) and (3)”;

(ii) for “or awards do” substitute “does”;

(b) for paragraph (2), substitute—

“(2) P’s entitlement to an existing award of incapacity benefit or severe disablement allowance shall terminate by virtue of this paragraph immediately before the effective date of P’s conversion decision.”;

(c) omit paragraphs (2A), (2B) and (6);

(d) in paragraph (4)(a)—

(i) for “the 2008 Regulations” substitute “the ESA Regulations”;

(ii) in paragraph (i), for “regulation 22(1) (failure to provide information or evidence requested in relation to limited capability for work)” substitute “regulation 18(1) (failure to provide information in relation to limited capability for work)”;

(iii) in paragraph (ii), for “regulation 23(2) (failure to attend for a medical examination to determine whether the claimant has limited capability for work)” substitute “regulation 19(2) (claimant may be called for a medical examination to determine whether the claimant has limited capability for work)”;

(e) in paragraph (5)—

(i) in sub-paragraph (c), omit “or awards”;

(ii) in sub-paragraph (d), omit “or those existing awards”;

(f) for paragraph (7), substitute—

“(7) In this regulation paragraphs (2) and (3) are subject to regulation 17 (changes of circumstances before the effective date).”.

15.  In regulation 16 (application of other enactments applying to employment and support allowance)(10)—

(a) in paragraph (1A)(b), for “regulation 145(1) of the 2008 Regulations” substitute “regulation 86 of the ESA Regulations”;

(b) in paragraph (2)(e)(ii), for “the 2008 Regulations” substitute “the ESA Regulations”;

(c) in paragraph (2)(e)(iii), omit “(being regulations consequentially amended by regulations made under Part 1 of the 2007 Act)”.

16.  In regulation 17 (changes of circumstances before the effective date)(11)—

(a) omit “or awards” in both places where it occurs;

(b) in paragraph (a)(ii)—

(i) omit “regulation 14(2B)(a) (termination of an existing award of incapacity benefit or severe disablement allowance where entitlement to award of income support continues),”;

(ii) for “(termination of existing awards which do not qualify for conversion)” substitute “(termination of an existing award which does not qualify for conversion)”;

(c) omit paragraph (c).

17.  In regulation 18 (reducing the transitional addition: general rule), for paragraph (2) substitute—

“(2) For the purposes of paragraph (1), a relevant increase is an increase in any amount applicable to the person under regulation 62(1) or (2) of the ESA Regulations, which is not excluded by paragraph (3).”.

18.  In regulation 21 (termination of transitional addition)(12)—

(a) in paragraph (1)(b)—

(i) for “, (3), (3A) and (4)” substitute “, (3) and (3A)”and (4)”;

(ii) omit “an employment and support allowance (entitlement to which arises from sections 1(2)(a) or 1(2)(b) of the 2007 Act), or to” and “or to an income-related allowance”;

(b) omit paragraph (4);

(c) in paragraph (5)(a), for “regulation 145(1) of the 2008 Regulations (linking rules)” substitute “regulation 86 of the ESA Regulations (linking period)”;

(d) in paragraph (5)(c)(ii), for “regulation 30 of the 2008 Regulations” substitute “regulation 26 of the ESA Regulations”;

(e) in paragraph (5A)(c), for “regulation 145(1) of the 2008 Regulations (linking rules)” substitute “regulation 86 of the ESA Regulations (linking period)”;

(f) omit paragraph (6);

(g) in paragraph (7)—

(i) for “, 1A and 2” substitute “and 1A”;

(ii) omit “or additions, as the case may be,” in both places where it occurs;

(iii) for “an allowance which is referred to in paragraph (1)(b)” substitute “a contributory allowance”.

19.  In regulation 22 (disapplication of certain enactments following conversion decision), omit paragraphs (c) and (d).

20.  In Schedule 1 (modification of enactments: making conversion decisions)—

(a) in paragraph 2(a), for the modified section 1(2) substitute (13)—

“(2) Subject to the provisions of this Part, a notified person is entitled to an employment and support allowance if the person satisfies the basic conditions and is entitled to an existing award of incapacity benefit or severe disablement allowance.”;

(b) for paragraph 6, substitute (14)—

“6.   Schedule 1 to the 2007 Act(15) is to be read as if paragraphs 1 to 6 were omitted.”;

(c) in the heading to Part 2, for “the 2008 Regulations” substitute “the ESA Regulations”;

(d) in paragraph 10, for “Regulation 30” substitute “Regulation 26”(16);

(e) omit paragraph 10A(17);

(f) in paragraph 11, for “Regulation 75” substitute “Regulation 68”(18);

(g) in paragraph 12, for “Regulation 144” substitute “Regulation 85”(19);

(h) in the sub-heading to Part 3, for “Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”;

(i) in paragraph 13(20)—

(i) for “Regulation 32 of the Social Security (Claims and Payments) Regulations 1987” substitute “Regulation 38 of the Claims and Payments Regulations”;

(ii) in sub-paragraph (a), for “paragraph (1)” substitute “paragraph (2)”;

(iii) in sub-paragraph (b), for “paragraph (1A)” substitute “paragraph (3)”.

21.—(1) Schedule 2 (modification of enactments: after the conversion phase) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (a), in the modified section 1(2)(21)–

(i) in paragraph (a), for “or awards into a single award of an employment and support allowance;” substitute “into an award of an employment and support allowance; and”;

(ii) omit paragraph (c) and for “; and” at the end of paragraph (b) substitute “,”;

(b) in sub-paragraph (b) in the modified section 1(7)—

[F1 (i) for the definition of “contributory allowance” substitute—

“employment and support allowance” means an employment and support allowance to which a person is entitled by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit)(Existing Awards)(No.2) Regulations 2010 which was based on an award of incapacity benefit or severe disablement allowance to which the person was entitled.”,

and for “; and” following that definition substitute “ . ”;]

(ii) omit the definition of “income-related allowance”.

[F2 (2A) In paragraph 2A—

(a) in paragraph (1), omit “contributory”; and

(b) in paragraph (2), in the substituted section 1A—

(i) in paragraphs (1) and (3) to (5), for “ a contributory allowance” substitute “ an employment and support allowance ”; and

(ii) in paragraph (3), omit “Part 1 of”.]

(3) In paragraph 3(b), for “regulation 147A of the 2008 Regulations” substitute “regulation 87 of the ESA Regulations”(22).

(4) Omit paragraphs 4 and 4A(23).

(5) In paragraph 6A(24)—

(a) in sub-paragraph (a), after paragraph (iv) insert “and”;

(b) in sub-paragraph (b), for “; and” substitute “.”;

(c) omit sub-paragraph (c).

(6) In the heading to Part 3, for “the 2008 Regulations” substitute “the ESA Regulations”.

(7) In paragraph 8, for “regulation 147A of the 2008 Regulations” substitute “regulation 87 of the ESA Regulations”(25).

(8) In paragraph 10, for “regulation 30” substitute “regulation 26”(26).

Textual Amendments

F1 Sch. 4 para. 21(2)(b)(i) substituted (1.7.2013) 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. 7(a)

F2 Sch. 4 para. 21(2A) inserted (1.7.2013) 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. 7(b)

(9) For paragraph 11, substitute(27)—

“11.   Regulation 39 (exempt work) is to be read as if, in the definition of “work period” in paragraph (6), after “referred to in paragraph (1)(c)”, in both places where it occurs, there were inserted

“, or any work done in accordance with regulation 17(4)(a) of the Social Security (Incapacity for Work)(General) Regulations 1995(28),”.”.

(10) For paragraph 12, substitute(29)—

“12.   Regulation 62 (prescribed amounts) is to be read as if, in paragraph (1), for sub-paragraphs (a) and (b) there were substituted—

“(a) (i) where the claimant satisfies the conditions set out in section 2(2) or (3) of the Act, £71.70; or

(ii) where the claimant does not satisfy the conditions set out in section 2(2) or (3) of the Act—

(aa) where the claimant is aged not less than 25, £71.70; or

(bb) where the claimant is aged less than 25, £56.80; and

(b) the amount of any transitional addition to which the person is entitled under regulation 10 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010.”.”

(11) Omit paragraph 13(30).

(12) In paragraph 14(31)—

(a) for “Regulation 75” substitute “Regulation 68”;

(b) for “paragraph 38” substitute “paragraph 11”.

(13) In paragraph 15—

(a) in the introductory words(32), for “Regulation 147A” substitute “regulation 87”;

(b) in the inserted regulation(33)—

(i) in the description of the number of the regulation, for “147A.—” substitute “87.—”;

(ii) in paragraph (2), for “regulation 19” substitute “regulation 15”;

(iii) in paragraph (4)(a), for “regulation 22 or 23” substitute “regulation 18 or 19”;

(iv) for “regulation 30”, in all places where it occurs, substitute “regulation 26”;

(v) in paragraph (5)(c), for the words from “, struck out” to “(notice of appeal)”, substitute “or struck out”;

(vi) in paragraph (5A), for “either—” and sub-paragraphs (a) and (b), substitute “receives the First-tier Tribunal’s notification that the appeal is dismissed, withdrawn or struck out.”.

(14) Omit paragraph 16(34).

(15) In the sub-heading before paragraph 17, for “Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”.

(16) In paragraph 17, for “The Social Security (Claims and Payments) Regulations 1987” substitute “The Claims and Payments Regulations”(35).

(17) For paragraph 18 substitute(36)—

“18.   Regulation 7 (claims not required for entitlement to an employment and support allowance in certain cases) is to read as if—

(a) the existing provisions were renumbered as paragraph (1);

(b) after paragraph (1) there were inserted—

“(2) It is also not to be a condition of entitlement to an employment and support allowance that a claim be made for it where any of the following conditions are met—

(a) the claimant—

(i) has made and is pursuing an appeal against a conversion decision made by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 which embodies a determination that the beneficiary does not have limited capability for work; or

(ii) was entitled to an employment and support allowance by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 and has made and is pursuing an appeal against a later decision which embodies a determination that the claimant does not have limited capability for work; or

(b) the claimant is entitled to an existing award which is subject to conversion under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010.”.”.

(18) In paragraph 19, for “regulation 26C” substitute “regulation 51”(37).

(19) In paragraph 20(38)—

(a) for “regulation 32(1B)” substitute “regulation 38(4)”;

(b) in sub-paragraph (a), for the words “sub-paragraph (a)” substitute “sub-paragraph (b)”;

(c) in sub-paragraph (b), for “(ab)” substitute “(bb)”.

(20) Omit paragraph 21(39).

(21) In paragraph 22, for “Schedule 9B” substitute “Schedule 7”(40).

(22) In paragraph 22A(41), in the inserted text omit paragraph (2B).

(23) In paragraph 23(42), in the inserted text omit paragraph (2B).

(24) In paragraph 24(43), in the inserted text omit paragraph (2B).

(25) In paragraph 25(44), in the inserted text omit paragraph (2B).

(26) In the sub-heading before paragraph 25A, for “Social Security and Child Support (Decisions and Appeals) Regulations 1999” substitute “Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013”.

(27) In paragraph 25A(45)—

(a) in sub-paragraph (1), for “Regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision of decisions)” substitute “Regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (revision on any grounds)”;

(b) in sub-paragraph (1)(b), for “paragraph (9)(a)” substitute “paragraphs (2)(a) and (b)”;

(c) for sub-paragraph (1)(c), substitute—

“(c) in paragraph (2)(a), for “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payment Regulations 2013” there were substituted, “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payment Regulations 2013 or a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010”.”;

(d) for sub-paragraph (2), substitute—

“(2) Regulation 23(1)(a) of those Regulations (change of circumstances) is to be read as if for “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013” there were substituted “in the case of an advance award under regulation 32, 33 or 34 of the Claims and Payments Regulations 2013 or a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010".”.

(28) Omit paragraph 27(46).

22.  In Schedule 3—

(a) for “The Social Security (Claims and Payments) Regulations 1987” substitute “the Claims and Payments Regulations”;

(b) for “ The Social Security and Child Support (Decisions and Appeals) Regulations 1999” substitute “the Decisions and Appeals Regulations”.

Article 2(1)

[F3 SCHEDULE 5 THE GATEWAY CONDITIONS

Textual Amendments

F3 Sch. 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;

F4 (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

F4 Sch. 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—

[F5 (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.

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The claimant must not be awaiting—

[F7 (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.

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 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)

F6 Sch. 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)

F7 Sch. 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)

F8 Sch. 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

[F9 4.— (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

F9 Sch. 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 [F10 two 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

F10 Words 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—

[F11 (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)[F12 ;

(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

F11 Sch. 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)

F12 Sch. 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.— [F13 (1)] [F14 A] declaration which is required by paragraph 2(3)(c), 4(1) [F15 , 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.]

[F16 (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

F13 Sch. 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)

F14 Word 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)

F15 Words 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)

F16 Sch. 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)

(1)

S.I. 2013/380.

(2)

S.I. 2013/381.

(3)

S.I. 2013/379.

(4)

The definition of “relevant deduction” was amended by S.I. 1988/522, 1992/1026, 2001/18, 2002/2441, 2002/3019 and 2002/3197.

(5)

Regulation 7(1) was amended by S.I. 2010/2430 and 2012/913; regulation 7(2) was inserted by S.I. 2010/2430 and regulation 7(3) was inserted by S.I. 2012/913.

(6)

Regulation 8(1) was amended by S.I. 2010/2430.

(7)

c.5. Relevant amendments of section 150 of the Social Security Administration Act 1992 were made by section 2(3) of the Social Security (Incapacity for Work) Act 1994 (c. 18), paragraph 21 of Schedule 11(2) to the Pensions Act 2004 (c. 35), section 6(2) of the Pensions Act 2007 (c. 22) and section 97(5) of the Welfare Reform Act 2012 (c.5).

(8)

Regulation 14(1) was amended by S.I. 2010/2430. Regulation 14(2A) and (2B) were inserted by S.I. 2010/2430. Regulation 14(3) to (7) were substituted for regulation 14(3) and (4) by S.I. 2010/2430.

(9)

Regulation 15(1) was amended by S.I. 2010/2430. Regulation 15(2A) and (2B) were inserted by S.I. 2010/2430; regulation 15(6) and (7) were substituted for regulation 15(6) by S.I. 2010/2430.

(10)

Regulation 16(1A) was inserted by S.I. 2012/757.

(11)

Regulation 17 was amended by S.I. 2010/2430.

(12)

Regulation 21 was amended by S.I. 2010/2430, 2012/913 and 2012/919.

(13)

Paragraph 2 was substituted by S.I. 2010/2430.

(14)

Paragraph 6 was amended by S.I. 2010/2430.

(15)

Schedule 1 was amended by paragraph 11 of Schedule 1(3) to the Pensions Act 2007 (c. 22), section 13 of the Welfare Reform Act 2009 (c. 24) and by paragraph 65 of Schedule 2, paragraph 26 of Schedule 3 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012 (c.5).

(16)

Paragraph 10 was amended by S.I. 2010/2430.

(17)

Paragraph 10A was inserted by S.I. 2010/2430.

(18)

Paragraph 11 was amended by S.I. 2010/2430.

(19)

Paragraph 12 was amended by S.I. 2010/2430.

(20)

Paragraph 13 was amended by S.I. 2010/2430.

(21)

Paragraph 2(a) was amended by S.I. 2010/2430.

(22)

Paragraph 3(b) was amended by S.I. 2010/2430.

(23)

Paragraph 4 was amended by, and paragraph 4A was inserted by, S.I. 2010/2430.

(24)

Paragraph 6A was inserted by S.I. 2010/2430.

(25)

Paragraph 8 was amended by S.I. 2010/2430.

(26)

Paragraph 10 was amended by S.I. 2010/2430.

(27)

Paragraph 11 was amended by S.I. 2010/2430.

(28)

S.I. 1995/311. Regulation 17(4)(a) was amended by S.I. 2010/840 and 2011/674.

(29)

Paragraph 12 was amended by S.I. 2010/2430.

(30)

Paragraph 13 was amended by S.I. 2010/2430.

(31)

Paragraph 14 was amended by S.I. 2010/2430.

(32)

The introductory words were amended by S.I. 2010/840 and 2010/2430.

(33)

Paragraph (5)(c) of regulation 147A of S.I. 2008/794, as substituted by paragraph 15, was amended by S.I. 2000/1596, 2002/1379, 2008/2683, 2010/2430 and 2011/2425. Paragraph 5A of the substituted regulation 147A was inserted by S.I. 2011/2425.

(34)

Paragraph 16 was amended by S.I. 2010/2430.

(35)

Paragraph 17 was amended by S.I. 2010/2430.

(36)

Paragraph 18 was amended by S.I. 2010/840 and 2010/2430.

(37)

Paragraph 19 was amended by S.I. 2008/1554 and 2010/2430.

(38)

Paragraph 20 was amended by S.I. 2010/2430.

(39)

Paragraph 21 was amended by S.I. 2010/2430.

(40)

Paragraph 22 was amended by S.I. 2001/18 and 2010/2430.

(41)

Paragraph 22A was inserted by S.I. 2010/2430.

(42)

Paragraph 23 was amended by S.I. 2010/2430.

(43)

Paragraph 24 was amended by S.I. 2008/1554 and 2010/2430.

(44)

Paragraph 25 was amended by S.I. 2008/1554 and 2010/2430.

(45)

Paragraph 25A was inserted by S.I. 2010/2430.

(46)

Paragraph 27 was inserted by S.I. 2011/2425.