The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014

Citation U.K.

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014.

Interpretation U.K.

2.—(1) In this Order—

“the Act” means the Welfare Reform Act 2012;

“the amending provisions” means the provisions referred to in article 4(1)(a) to (c) of the No. 9 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance) M1 ;

[F1 “claimant”, in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007 and the Jobseekers Act 1995 (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance) respectively and, in relation to universal credit, has the same meaning as in Part 1 of the Act ; ]

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 M2 ;

“First-tier Tribunal” has the same meaning as in the Social Security Act 1998 M3 ;

“gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order M4 ;

“jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995 M5 ;

[F2 “joint claimants”, in relation to universal credit, has the same meaning as in Part 1 of the Act ; ]

“the No. 9 Order” means 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 M6 ;

“No. 8 relevant districts” means the postcode districts and part-districts specified in Part 1 of the Schedule;

“No. 9 relevant districts” means the postcode districts and part-districts specified in Part 2 of the Schedule;

“No. 10 relevant districts” means the postcode districts and part-districts specified in Part 3 of the Schedule;

“No. 11 relevant districts” means the postcode districts and part-districts specified in Part 4 of the Schedule;

“No. 12 relevant districts” means the postcode districts and part-districts specified in Part 5 of the Schedule;

“No. 13 relevant districts” means the postcode districts and part-districts specified in Part 6 of the Schedule;

[F2 “single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act;]

“Upper Tribunal” has the same meaning as in the Social Security Act 1998.

(2) For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 M7 apply for the purpose of deciding—

(a) whether a claim for universal credit is made; and

(b) the date on which such a claim is made.

Textual Amendments

F1 Definition in art. 2(1) inserted (30.6.2014) 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), art. 9

F2 Definitions in art. 2(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, 10(2)

Modifications etc. (not altering text)

C1 Art. 2 amended (24.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3067), arts. 3, 5

C2 Art. 2 amended (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 8(1)

C3 Art. 2 amended (2.3.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(2), 8(2)

Marginal Citations

M1 Article 4 was substituted by S.I. 2014/1452 (C. 56).

M2 2007 c.5.

M3 1998 c. 14.

M4 Schedule 5 was inserted by S.I. 2014/1452 (C. 56).

M5 1995 c.18.

M6 S.I. 2013/983 (C. 41).

M7 S.I. 2013/380.

Day appointed for the coming into force of the universal credit provisions U.K.

3.—(1) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2 to the No. 9 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 8 relevant districts and meets the gateway conditions;

[F3 (b) a claim for universal credit that is made in respect of a period that begins on or after 23rd June 2014 where—

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 8 relevant district or meeting the gateway conditions and the claimant does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made;

(ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district or meeting the gateway conditions and one or both of them does not or do not reside in such a district or does not or do not meet those conditions on the date on which the claim is made; and

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

(c) a claim for universal credit that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 9 relevant districts and meets the gateway conditions;

(d) a claim for universal credit that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 9 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;

(e) a claim for universal credit that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 10 relevant districts and meets the gateway conditions;

(f) a claim for universal credit that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 10 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;

(g) a claim for universal credit that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 11 relevant districts and meets the gateway conditions;

(h) a claim for universal credit that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 11 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;

(i) a claim for universal credit that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 12 relevant districts and meets the gateway conditions;

(j) a claim for universal credit that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 12 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;

(k) a claim for universal credit that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 13 relevant districts and meets the gateway conditions;

(l) a claim for universal credit that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 13 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.

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) Article 3(6) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 3(4)(a) of the No. 9 Order.

(5) Article 3A of the No. 9 Order M8 applies in connection with a claim for universal credit where a claimant makes an incorrect statement regarding the claimant residing in a No. 8, 9, 10, 11, 12 or 13 relevant district or meeting the gateway conditions, as it applies in connection with an incorrect statement regarding the claimant residing in a relevant district (as defined in the No. 9 Order) or meeting the gateway conditions.

Textual Amendments

F3 Art. 3 amended (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, 10(3)

Modifications etc. (not altering text)

C4 Art. 3(2)(a) modified (19.7.2017) by The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/664), art. 5, Sch. (with art. 10)

C5 Art. 3(2)(c) modified (11.10.2017) by The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/952), art. 3, Sch. (with art. 4)

C6 Art. 3(2)(i) modified (19.7.2017) by The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/664), art. 5, Sch. (with art. 10)

C7 Art. 3(2)(k) modified (19.7.2017) by The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/664), art. 5, Sch. (with art. 10)

Marginal Citations

M8 Article 3A was inserted by S.I. 2014/1452 (C. 56).

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance U.K.

4.—(1) The day appointed for the coming into force of the amending provisions, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 8 relevant districts and meets the gateway conditions;

(b) a claim for universal credit that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 8 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, an employment and support allowance or a jobseeker's allowance that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 9 relevant districts and meets the gateway conditions;

(d) a claim for universal credit that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 9 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;

(e) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 10 relevant districts and meets the gateway conditions;

(f) a claim for universal credit that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 10 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;

(g) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 11 relevant districts and meets the gateway conditions;

(h) a claim for universal credit that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 11 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;

(i) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 12 relevant districts and meets the gateway conditions;

(j) a claim for universal credit that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 12 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;

(k) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 13 relevant districts and meets the gateway conditions;

(l) a claim for universal credit that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014, where—

(i) the claimant gives incorrect information regarding the claimant residing in a No. 13 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;

(m) a claim for an employment and support allowance or a jobseeker's allowance that does not fall within sub-paragraph (a), (c), (e), (g), (i) or (k) and that is made during the relevant period by a claimant of universal credit who has made a claim for universal credit within one of sub-paragraphs (a) to (l).

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) For the purposes of paragraph (2)(m), “relevant period” means, in relation to a claim for universal credit within paragraph (2)(a) to (l), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

(5) For the purposes of paragraph (4), a “UC claim period” is a period when—

(a) a claim for universal credit within paragraph (2)(a), (b)(i), (c), (d)(i), (e), (f)(i), (g), (h)(i), (i), (j)(i), (k) or (l)(i) has been made but a decision has not yet been made on the claim; or

(b) a decision has been made that the claimant is not entitled to universal credit and—

(i) the Secretary of State is considering whether to revise that decision under section 9 of the Social Security Act 1998, whether on an application made for that purpose, or on the Secretary of State's own initiative; or

(ii) the claimant has appealed against that decision to the First-tier Tribunal and that appeal or any subsequent appeal to the Upper Tribunal or to a court has not been finally determined.

(6) Paragraphs (6) and (7) of article 4 of the No. 9 Order M9 apply in relation to a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply in relation to a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order (and any award that is made in respect of the claim).

(7) Article 5(1) of the No. 9 Order M10 applies for the purposes of paragraph (2)(a), (c), (e), (g), (i) and (k) as it applies for the purposes of article 4(2)(a) of the No. 9 Order.

(8) Paragraphs (5) to (7) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (a), (c), (e), (g), (i), (k) and (m) of paragraph (2) as they apply for the purposes of sub-paragraphs (a) and (g) of article 4(2) of the No. 9 Order.

(9) Article 5(8) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 4(3)(a) of the No. 9 Order.

Modifications etc. (not altering text)

C8 Art. 4(2)(a) modified (19.7.2017) by The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/664), art. 5, Sch. (with art. 10)

C9 Art. 4(2)(c) modified (11.10.2017) by The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/952), art. 3, Sch. (with art. 4)

C10 Art. 4(2)(i) modified (19.7.2017) by The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/664), art. 5, Sch. (with art. 10)

C11 Art. 4(2)(k) modified (19.7.2017) by The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/664), art. 5, Sch. (with art. 10)

C12 Art. 4(6) amended (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 9

C13 Art. 4(7) amended (24.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3067), arts. 3, 6(5)

Marginal Citations

M9 Article 4 was substituted by S.I. 2014/1452 (C. 56).

M10 Article 5 was substituted by S.I. 2014/1452 (C. 56).

Application of the No. 9 Order U.K.

5.  Articles 9 to 22 of the No. 9 Order M11 apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in sub-paragraphs (a), (b) and (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

Marginal Citations

M11 Articles 10 to 13 of, and Schedule 4 to, the No. 9 Order (Schedule 4 takes effect under article 9) were amended by S.I. 2013/1511 (C.60); article 11 of the No. 9 Order was amended by article 5 of S.I. 2013/2657 (C. 107); articles 9, 11, 13, 15, 18 and 22 of the No. 9 Order were amended by S.I. 2014/1452 (C. 56).

Signed by authority of the Secretary of State for Work and Pensions

Freud

Parliamentary Under Secretary of State

Department for Work and Pensions