The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014

Interpretation

2.—(1) In this Order—

“the Act” means the Welfare Reform Act 2012;

“the 1998 Act” means the Social Security Act 1998(1);

“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)(2);

“claimant”—

(a)

in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007(3), save as mentioned in article 5(1A) of the No. 9 Order as applied by article 4(7)(4);

(b)

in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995(5) (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), save as mentioned in article 5(1A) of the No. 9 Order as applied by article 4(7);

(c)

in relation to universal credit, has the same meaning as in Part 1 of the Act(6);

“the Claims and Payments Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(7);

“the Digital Service Regulations 2014” means the Universal Credit (Digital Service) Amendment Regulations 2014(8);

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

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

“housing benefit” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992(9);

“income support” means income support under section 124 of the Social Security Contributions and Benefits Act 1992;

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

“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(10);

“the No. 28 relevant district” means the postcode part-district SM5 2;

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

“specified condition” means the condition that a claimant is a British citizen who—

(d)

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

(e)

has not, during that period, left the United Kingdom for a continuous period of four weeks or more;

“state pension credit” means state pension credit under the State Pension Credit Act 2002(11);

“tax credit” (including “child tax credit” and “working tax credit”) and “tax year” have the same meanings as in the Tax Credits Act 2002(12);

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

(2) For the purposes of this Order—

(a) the Claims and Payments Regulations 2013 apply for the purpose of deciding—

(i) whether a claim for universal credit is made or treated as made; and

(ii) the date on which such a claim is made; and

(b) where a couple is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations 2013(13), as making a claim for universal credit, references to the date on which the claim is treated as made are to the date of formation of the couple.

(1)

1998 c.14.

(2)

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

(3)

2007 c.5.

(4)

Article 5(1A) was inserted by S.I. 2014/3067 (C.129).

(5)

1995 c.18.

(6)

See section 40 of the Welfare Reform Act 2012.

(7)

S.I. 2013/380.

(8)

S.I. 2014/2887.

(9)

1992 c.4.

(10)

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

(11)

2002 c.16.

(12)

2002 c.21. See sections 1(1) and (2), 48(1) and 67.

(13)

Regulation 9(8) is amended by S.I. 2014/2887.