The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014

Substitution of article 4 of the No. 9 Order: provisions abolishing income-related employment and support allowance and income-based jobseeker’s allowance

6.  Where article 3 applies, for article 4 of the No. 9 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance) substitute—

“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 provisions) 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(c) the repeals in Part 1 of Schedule 14 to the Act (abolition of benefits superseded by universal credit) that are referred to in Schedule 3,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 (g) 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 where, on the date on which the claim is made, the claimant—

(i) resides in one of the relevant districts; and

(ii) meets the gateway conditions;

(b) a claim for universal credit where—

(i) the claimant gives incorrect information regarding the claimant residing in a relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

(c) a claim for universal credit that is treated as made by a couple in the circumstances referred to in regulation 9(8) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple) where the claim complies with article 3(7) and the Secretary of State is of the view referred to in article 5(2);

(d) a claim for universal credit by a former member of a couple who is not exempt from the requirement to make a claim by virtue of regulation 9(6) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple), whether or not the claim is made jointly with another person, where the claim is made during the period of one month starting with the date on which notification is given to the Secretary of State that the claimants have ceased to be a couple, where the claim complies with article 3(8);

(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) where the circumstances referred to in article 3(9) apply;

(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) where the circumstances referred to in article 3(9) apply; and

(g) a claim for an employment and support allowance or a jobseeker’s allowance that does not fall within sub-paragraph (a) and that is made —

(i) during the relevant period by a single claimant of universal credit or, in the case of joint claimants of universal credit, by either of the joint claimants, where the single claimant has made or the joint claimants have made, or been treated as having made, a claim for universal credit within sub-paragraphs (a) to (d);

(ii) during the relevant period by a single claimant of universal credit or, in the case of joint claimants of universal credit, by either of the joint claimants, where the single claimant has been awarded, or the joint claimants have been awarded, universal credit without a claim within sub-paragraph (e) or (f);

(iii) by a person who is entitled to make a claim for universal credit in the circumstances referred to in sub-paragraph (d) but has not yet done so; or

(iv) by a person who may be entitled to an award of universal credit in the circumstances referred to in sub-paragraph (e) or (f) but where no decision has yet been made as to the person’s entitlement.

(3) Subject to paragraph (4), the day appointed in relation to the cases referred to in paragraph (2) is—

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

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

(4) In relation to the case of a claim referred to in paragraph (2)(c) (claim for universal credit treated as made by a couple), where the member of the couple referred to in regulation 9(8)(b) of the Claims and Payments Regulations 2013 (“new claimant partner”) was entitled during the prior period to an old style ESA award or an old style JSA award, the new claimant partner was at that time a member of a couple and the award included an amount in respect of the new claimant partner and his or her partner (“P”), the day appointed in relation to that case is the day after the day on which the new claimant partner and P ceased to be a couple for the purposes of the ESA Regulations 2008 or the JSA Regulations 1996 as the case may be.

(5) For the purposes of paragraph (4), the “prior period” means the period beginning with the first day of the period for which the claim for universal credit is treated as made and ending with the day before the day on which the claim for universal credit is treated as made.

(6) In paragraph (1), the reference to the case of a claim for universal credit referred to in paragraph (2)(a) to (d) (and any award made in respect of the claim), or of an award of universal credit referred to in paragraph (2)(e) and (f), includes a reference to—

(a) a case where a notice under regulation 4 of the 2010 Transitional Regulations (the notice commencing the conversion phase in relation to an award of incapacity benefit or severe disablement allowance) is issued to a single claimant or in the case of joint claimants, either of those claimants, during the designated period;

(b) where sub-paragraph (a) does not apply, a case where a conversion decision is made during that period in relation to an award of incapacity benefit or severe disablement allowance to which a single claimant or in the case of joint claimants, either of those claimants, is entitled; and

(c) where sub-paragraphs (a) and (b) do not apply, a case where the effective date of a conversion decision in relation to such an award occurs during that period (where “effective date” has the same meaning as in the 2010 Transitional Regulations),

and any award of an employment and support allowance that is made consequent on a conversion decision that relates to the notice referred to in sub-paragraph (a), the conversion decision referred to in sub-paragraph (b) or the conversion decision referred to in sub-paragraph (c), as the case may be.

(7) For the purposes of paragraph (6), the designated period means—

(a) in relation to a claim for universal credit referred to in paragraph (2)(a), (b)(i) or (d), any period when a decision has not yet been made on the claim;

(b) in relation to a claim for universal credit that is treated as made as referred to in paragraph (2)(c), any period when no decision has yet been made as to the joint claimants’ entitlement;

(c) any period, subsequent to the period referred to in sub-paragraph (a) or (b), when the single claimant or joint claimants is or are entitled to an award of universal credit in respect of the claim; and

(d) in relation to an award of universal credit referred to in paragraph (2)(e) or (f), any period when the single claimant or joint claimants to whom the award was made is or are entitled to that award.”.