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Statutory Instruments
Social Security
Made
10th February 2015
The Secretary of State for Work and Pensions makes the following Order, in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012 M1:
Modifications etc. (not altering text)
C1Order modified (18.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634), art. 8(1)(3)
Marginal Citations
1. This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015.
2.—(1) In this Order—
“the 2015 Amendment Order” means the Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 M2;
“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) M3;
“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987 M4;
“claimant”—
in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007 M5;
in relation to a jobseeker's allowance, has the same meaning as in the Jobseekers Act 1995 M6 (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);
in relation to universal credit, has the same meaning as in Part 1 of the Act M7;
“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 Social Security Act 1998 M8;
“Index of Relevant Districts” means the Index of Relevant Districts issued by the Department for Work and Pensions on 10th February 2015 M9;
“jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995;
“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;
“Upper Tribunal” has the same meaning as in the Social Security Act 1998.
(2) In this Order, “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order M10—
(a)as that Schedule has effect apart from the amendments made by article 4(5)(b) of the 2015 Amendment Order;
(b)as if that Schedule, as it has effect under sub-paragraph (a), were amended in accordance with paragraph (4) of this article; and
(c)in relation to a case where a claim for universal credit, an employment and support allowance or a jobseeker's allowance is made or treated as made on or after 6th April 2015, as if, in paragraph 4(1) of that Schedule, as that Schedule has effect under sub-paragraph (b), for “£330” there were substituted “ £338 ”.
(3) In this Order, references to numbered “relevant districts” are to the postcode districts and part-districts specified in the first column of the table in the Index of Relevant Districts corresponding to the number relating to those relevant districts that is specified in the third column of that table.
(4) The amendments to Schedule 5 to the No. 9 Order (gateway conditions) referred to in sub-paragraph (2)(b) are—
(a)after paragraph 1(a) (personal characteristics) M11 insert—
“(b)a single person (where that expression has the meaning given by section 40 of the Act);”;
(b)for paragraph 4 (income and capital) M12 substitute—
“4.—(1) 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) The claimant's capital must not exceed £6,000.
(3) For the purposes of this paragraph, “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations.”;
(c)in paragraph 8 (declarations)—
(i)in sub-paragraph (1) omit “, 4(2)”;
(ii)omit sub-paragraph (2).
(5) 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 M13 apply for the purposes of deciding—
(a)whether a claim for universal credit is made; and
(b)the date on which such a claim is made.
(6) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (7) and (8), for the purposes of deciding—
(a)whether a claim for an employment and support allowance or a jobseeker's allowance is made; and
(b)the date on which the claim is made or treated as made.
(7) Subject to paragraph (8), for the purposes of this Order—
(a)a person makes a claim for an employment and support allowance or a jobseeker's allowance if he or she takes any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and
(b)it is irrelevant that the effect of any provision of those Regulations is that, for the purposes of those Regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken.
(8) Where, by virtue of—
(a)regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987 M14, in the case of a claim for an employment and support allowance; or
(b)regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations M15, in the case of a claim for a jobseeker's allowance,
a claim for an employment and support allowance or a jobseeker's allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (7)(a) is taken, the claim is treated as made on that earlier date.
Modifications etc. (not altering text)
C2Art. 2 modified (14.1.2016) by The Welfare Reform Act 2012 (Commencement No. 26 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/33), art. 6
C3Art. 2 modified (21.3.2016) by The Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/407), art. 6
C4Art. 2 modified (with application in accordance with art. 10(1) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 10(1)(2)(a)(b)
C5Art. 2 modified (with application in accordance with art. 14 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 14(1)(2)(a)(b)
Marginal Citations
M2S.I. 2015/32 (C. 3).
M3S.I. 2013/983 (C. 41); article 4 was substituted by S.I. 2014/1452 (C. 56).
M7See section 40 of the Welfare Reform Act 2012.
M9See the Explanatory Note for details of the internet publishing and availability of the Index of Relevant Districts; a copy is also being published alongside this Order in the libraries of both Houses of Parliament.
M10Schedule 5 was inserted by S.I. 2014/1452 (C. 56); relevant amending instruments are S.I. 2014/1661 (C. 69) and 1923 (C. 88) and S.I. 2015/32 (C. 3). By article 3(3) of S.I. 2015/32, the amendment of Schedule 5 with respect to Credit Union accounts takes effect in relation to claims for universal credit, an employment and support allowance or a jobseeker's allowance made on or after 6th April 2015.
M11S.I. 2014/1923 (C. 88) revoked sub-paragraph 1(b); article 2(4)(a) reinserts the revoked provision for the purposes of this Order.
M12Amended by S.I. 2014/1923 (C. 88).
M14Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490.
M15Paragraphs (4ZA) to (4ZD) were inserted by S.I. 2000/1982 and paragraph (4ZC) was amended by S.I. 2009/1490. Paragraph (4A) was inserted by S.I. 1996/1460, substituted by S.I. 1997/793 and amended by S.I. 1999/3108, S.I. 2000/1982 and S.I. 2009/1490.
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 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 16th February 2015 in respect of a period that begins on or after 16th February 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 29 relevant districts and meets the gateway conditions;
(b)a claim for universal credit that is made on or after 23rd February 2015 in respect of a period that begins on or after 23rd February 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 30 relevant districts and meets the gateway conditions;
(c)a claim for universal credit that is made on or after 2nd March 2015 in respect of a period that begins on or after 2nd March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 31 relevant districts and meets the gateway conditions;
(d)a claim for universal credit that is made on or after 9th March 2015 in respect of a period that begins on or after 9th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 32 relevant districts and meets the gateway conditions;
(e)a claim for universal credit that is made on or after 16th March 2015 in respect of a period that begins on or after 16th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 33 relevant districts and meets the gateway conditions;
(f)a claim for universal credit that is made on or after 23rd March 2015 in respect of a period that begins on or after 23rd March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 34 relevant districts and meets the gateway conditions;
(g)a claim for universal credit that is made on or after 13th April 2015 in respect of a period that begins on or after 13th April 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 35 relevant districts and meets the gateway conditions;
(h)a claim for universal credit that is made on or after 20th April 2015 in respect of a period that begins on or after 20th April 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 36 relevant districts and meets the gateway conditions;
(i)a claim for universal credit that is made on or after 27th April 2015 in respect of a period that begins on or after 27th April 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 37 relevant districts and meets the gateway conditions;
(j)a claim for universal credit that is made on or after 4th May 2015 in respect of a period that begins on or after 4th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 38 relevant districts and meets the gateway conditions;
(k)a claim for universal credit that is made on or after 11th May 2015 in respect of a period that begins on or after 11th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 39 relevant districts and meets the gateway conditions;
(l)a claim for universal credit that is made on or after 18th May 2015 in respect of a period that begins on or after 18th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 40 relevant districts and meets the gateway conditions;
(m)a claim for universal credit that is made on or after 25th May 2015 in respect of a period that begins on or after 25th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 41 relevant districts and meets the gateway conditions;
(n)a claim for universal credit that is made on or after 1st June 2015 in respect of a period that begins on or after 1st June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 42 relevant districts and meets the gateway conditions;
(o)a claim for universal credit that is made on or after 8th June 2015 in respect of a period that begins on or after 8th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 43 relevant districts and meets the gateway conditions;
(p)a claim for universal credit that is made on or after 15th June 2015 in respect of a period that begins on or after 15th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 44 relevant districts and meets the gateway conditions;
(q)a claim for universal credit that is made on or after 22nd June 2015 in respect of a period that begins on or after 22nd June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 45 relevant districts and meets the gateway conditions;
(r)a claim for universal credit that is made on or after 29th June 2015 in respect of a period that begins on or after 29th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 46 relevant districts and meets the gateway conditions;
(s)a claim for universal credit that is made on or after 6th July 2015 in respect of a period that begins on or after 6th July 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 47 relevant districts and meets the gateway conditions;
(t)a claim for universal credit that is made on or after 13th July 2015 in respect of a period that begins on or after 13th July 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 48 relevant districts and meets the gateway conditions;
(u)a claim for universal credit that is made on or after 20th July 2015 in respect of a period that begins on or after 20th July 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 49 relevant districts and meets the gateway conditions;
(v)a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (u), in respect of a period that begins on or after that date where—
(i)the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question 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; 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 has been given regarding residence or meeting the gateway conditions.
(3) The day appointed in relation to a claim referred 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 M16 applies in connection with a claim for universal credit where a claimant gives incorrect information regarding his or her residing in one of the No. 29, No. 30, No. 31, No. 32, No. 33, No. 34, No. 35, No. 36, No. 37, No. 38, No. 39, No. 40, No. 41, No. 42, No. 43, No. 44, No. 45, No. 46, No. 47, No. 48, or No. 49 relevant districts or meeting the gateway conditions, as it applies in connection with the giving of incorrect information regarding a claimant residing in a relevant district (as defined in the No. 9 Order) or meeting the gateway conditions (as defined in the No. 9 Order) M17.
Modifications etc. (not altering text)
C6Art. 3 modified (14.1.2016) by The Welfare Reform Act 2012 (Commencement No. 26 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/33), art. 6
C7Art. 3 modified (21.3.2016) by The Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/407), art. 6
C8Art. 3 modified (with application in accordance with art. 10(1) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 10(1)(2)(c)(d)
C9Art. 3 modified (with application in accordance with art. 14 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 14(1)(2)(c)(d)
C10Art. 3(2)(a) modified (29.6.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 4, Sch.
C11Art. 3(2)(a) modified (with application in accordance with art. 4 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 4, Sch.
C12Art. 3(2)(a) modified (with application in accordance with art. 9 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 9, Sch.
C13Art. 3(2)(a) modified (with application in accordance with art. 10 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 10, Sch.
C14Art. 3(2)(b) modified (with application in accordance with art. 7 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 7, Sch.
C15Art. 3(2)(b) modified (with application in accordance with art. 8 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 8, Sch.
C16Art. 3(2)(b) modified (with application in accordance with art. 10 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 10, Sch.
C17Art. 3(2)(e) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C18Art. 3(2)(e) modified (27.7.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 5, Sch.
C19Art. 3(2)(e) modified (with application in accordance with art. 10 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 10, Sch.
C20Art. 3(2)(f) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C21Art. 3(2)(f) modified (with application in accordance with art. 8 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 8, Sch.
C22Art. 3(2)(h) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C23Art. 3(2)(h) modified (with application in accordance with art. 4 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 4, Sch.
C24Art. 3(2)(h) modified (with application in accordance with art. 6 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 6, Sch.
C25Art. 3(2)(i) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C26Art. 3(2)(k) modified (29.6.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 4, Sch.
C27Art. 3(2)(k) modified (with application in accordance with art. 4 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 4, Sch.
C28Art. 3(2)(t) modified (with application in accordance with art. 9 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 9, Sch.
Marginal Citations
M16Article 3A was substituted by S.I. 2014/1923 (C. 88).
M17See the definition of “relevant districts” and “gateway conditions” in article 2(1) of the No. 9 Order; the definition of “gateway conditions”, and Schedule 5 to the No. 9 Order, referred to in that definition, were inserted by S.I. 2014/1452 (C. 56); Schedule 5 was amended by S.I. 2014/1661 (C. 69) and 1923 (C. 88) and S.I. 2015/32 (C. 3).
4.—(1) The day appointed for the coming into force of the amending provisions, in relation to 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 16th February 2015 in respect of a period that begins on or after 16th February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 29 relevant districts and meets the gateway conditions;
(b)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 16th February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 29 relevant districts and meets the gateway conditions;
(c)a claim for universal credit that is made on or after 23rd February 2015 in respect of a period that begins on or after 23rd February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 30 relevant districts and meets the gateway conditions;
(d)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 23rd February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 30 relevant districts and meets the gateway conditions;
(e)a claim for universal credit that is made on or after 2nd March 2015 in respect of a period that begins on or after 2nd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 31 relevant districts and meets the gateway conditions;
(f)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 2nd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 31 relevant districts and meets the gateway conditions;
(g)a claim for universal credit that is made on or after 9th March 2015 in respect of a period that begins on or after 9th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 32 relevant districts and meets the gateway conditions;
(h)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 9th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 32 relevant districts and meets the gateway conditions;
(i)a claim for universal credit that is made on or after 16th March 2015 in respect of a period that begins on or after 16th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 33 relevant districts and meets the gateway conditions;
(j)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 16th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 33 relevant districts and meets the gateway conditions;
(k)a claim for universal credit that is made on or after 23rd March 2015 in respect of a period that begins on or after 23rd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 34 relevant districts and meets the gateway conditions;
(l)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 23rd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 34 relevant districts and meets the gateway conditions;
(m)a claim for universal credit that is made on or after 13th April 2015 in respect of a period that begins on or after 13th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 35 relevant districts and meets the gateway conditions;
(n)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 13th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 35 relevant districts and meets the gateway conditions;
(o)a claim for universal credit that is made on or after 20th April 2015 in respect of a period that begins on or after 20th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 36 relevant districts and meets the gateway conditions;
(p)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 20th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 36 relevant districts and meets the gateway conditions;
(q)a claim for universal credit that is made on or after 27th April 2015 in respect of a period that begins on or after 27th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 37 relevant districts and meets the gateway conditions;
(r)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 27th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 37 relevant districts and meets the gateway conditions;
(s)a claim for universal credit that is made on or after 4th May 2015 in respect of a period that begins on or after 4th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 38 relevant districts and meets the gateway conditions;
(t)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 4th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 38 relevant districts and meets the gateway conditions;
(u)a claim for universal credit that is made on or after 11th May 2015 in respect of a period that begins on or after 11th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 39 relevant districts and meets the gateway conditions;
(v)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 11th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 39 relevant districts and meets the gateway conditions;
(w)a claim for universal credit that is made on or after 18th May 2015 in respect of a period that begins on or after 18th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 40 relevant districts and meets the gateway conditions;
(x)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 18th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 40 relevant districts and meets the gateway conditions;
(y)a claim for universal credit that is made on or after 25th May 2015 in respect of a period that begins on or after 25th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 41 relevant districts and meets the gateway conditions;
(z)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 25th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 41 relevant districts and meets the gateway conditions;
(aa)a claim for universal credit that is made on or after 1st June 2015 in respect of a period that begins on or after 1st June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 42 relevant districts and meets the gateway conditions;
(bb)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 1st June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 42 relevant districts and meets the gateway conditions;
(cc)a claim for universal credit that is made on or after 8th June 2015 in respect of a period that begins on or after 8th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 43 relevant districts and meets the gateway conditions;
(dd)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 8th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 43 relevant districts and meets the gateway conditions;
(ee)a claim for universal credit that is made on or after 15th June 2015 in respect of a period that begins on or after 15th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 44 relevant districts and meets the gateway conditions;
(ff)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 15th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 44 relevant districts and meets the gateway conditions;
(gg)a claim for universal credit that is made on or after 22nd June 2015 in respect of a period that begins on or after 22nd June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 45 relevant districts and meets the gateway conditions;
(hh)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 22nd June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 45 relevant districts and meets the gateway conditions;
(ii)a claim for universal credit that is made on or after 29th June 2015 in respect of a period that begins on or after 29th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 46 relevant districts and meets the gateway conditions;
(jj)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 29th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 46 relevant districts and meets the gateway conditions;
(kk)a claim for universal credit that is made on or after 6th July 2015 in respect of a period that begins on or after 6th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 47 relevant districts and meets the gateway conditions;
(ll)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 6th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 47 relevant districts and meets the gateway conditions;
(mm)a claim for universal credit that is made on or after 13th July 2015 in respect of a period that begins on or after 13th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 48 relevant districts and meets the gateway conditions;
(nn)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 13th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 48 relevant districts and meets the gateway conditions;
(oo)a claim for universal credit that is made on or after 20th July 2015 in respect of a period that begins on or after 20th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 49 relevant districts and meets the gateway conditions;
(pp)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 20th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 49 relevant districts and meets the gateway conditions;
(qq)a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm) or (oo), in respect of a period that begins on or after that date, where—
(i)the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question 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; 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 has been given regarding residence or meeting the gateway conditions;
(rr)a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraphs (b), (d), (f), (h), (j), (l), (n), (p), (r), (t), (v), (x), (z), (bb), (dd), (ff), (hh), (jj), (ll), (nn) or (pp) that is made or treated as made during the relevant period by a claimant of universal credit who has made a claim for universal credit within this paragraph.
(3) The day appointed in relation to 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)(rr), the “relevant period” means, in relation to a claim for universal credit within paragraph (2), 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 one of the sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm), (oo) or (qq)(i) of paragraph (2) 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), (7), (9) and (10) of article 4 of the No. 9 Order M18 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 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)(a) of the No. 9 Order M19 applies for the purposes of the sub-paragraphs (relating to a claim for an employment and support allowance or a jobseeker's allowance) referred to in sub-paragraph (rr) as it applies for the purposes of article 4(2)(a) of the No. 9 Order.
(8) 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)
C29Art. 4 modified (14.1.2016) by The Welfare Reform Act 2012 (Commencement No. 26 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/33), art. 6
C30Art. 4 modified (21.3.2016) by The Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/407), art. 6
C31Art. 4 modified (with application in accordance with art. 10(1) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 10(1)(2)(e)(f)
C32Art. 4 modified (with application in accordance with art. 14 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 14(1)(2)(e)(f)
C33Art. 4(2)(a)(b) modified (29.6.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 4, Sch.
C34Art. 4(2)(a)(b) modified (with application in accordance with art. 4 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 4, Sch.
C35Art. 4(2)(a)(b) modified (with application in accordance with art. 9 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 9, Sch.
C36Art. 4(2)(a)(b) modified (with application in accordance with art. 10 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 10, Sch.
C37Art. 4(2)(c)(d) modified (with application in accordance with art. 7 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 7, Sch.
C38Art. 4(2)(c)(d) modified (with application in accordance with art. 8 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 8, Sch.
C39Art. 4(2)(c)(d) modified (with application in accordance with art. 10 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 10, Sch.
C40Art. 4(2)(i)(j) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C41Art. 4(2)(i)(j) modified (27.7.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 5, Sch.
C42Art. 4(2)(i)(j) modified (with application in accordance with art. 10 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 10, Sch.
C43Art. 4(2)(k)(l) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C44Art. 4(2)(k)(l) modified (with application in accordance with art. 8 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 8, Sch.
C45Art. 4(2)(o)(p) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C46Art. 4(2)(o)(p) modified (with application in accordance with art. 4 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 4, Sch.
C47Art. 4(2)(o)(p) modified (with application in accordance with art. 6 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 6, Sch.
C48Art. 4(2)(q)(r) modified (25.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 3, Sch.
C49Art. 4(2)(u)(v) modified (29.6.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 4, Sch.
C50Art. 4(2)(u)(v) modified (with application in accordance with art. 4 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 4, Sch.
C51Art. 4(2)(mm)(nn) modified (with application in accordance with art. 9 of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 9, Sch.
Marginal Citations
M18Article 4 was substituted by S.I. 2014/1452 (C. 56) and was amended by S.I. 2014/1923 (C. 88); paragraphs (9) and (10), as renumbered by article 7 of this Order, were added by S.I. 2015/32 (C. 3).
M19Article 5(1) was substituted by S.I. 2014/1923 (C. 88).
5. Articles 9 to 22 of the No. 9 Order M20 apply in connection with the coming into force of the amending provisions in relation to 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
M20Articles 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 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); articles 10, 11, 12 and 13 were amended by S.I. 2014/3067 (C. 129).
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
7.—(1) Paragraph (2) applies in relation to a case where a claim for universal credit is made or treated as made, or an award of universal credit is made without a claim, on or after 11th February 2015.
(2) Where this paragraph applies—
(a)article 4(3) of the 2015 Amendment Order (paragraphs added to article 4 of the No. 9 Order) M21 is amended as follows—
(i)the paragraph added as (8) is renumbered as paragraph (9);
(ii)the paragraph added as (9) is renumbered as paragraph (10);
(iii)in that paragraph (9) (as so renumbered), for “paragraph (9)” substitute “ paragraph (10) ”;
(iv)in that paragraph (10) (as so renumbered), for “paragraph (8)” substitute “ paragraph (9) ”; and
(b)in article 4(6) of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 M22, for “Paragraphs (6) to (9)” substitute “ Paragraphs (6), (7), (9) and (10) ”.
Marginal Citations
M21Correction of drafting error in S.I. 2015/32 (C. 3); paragraph (8) had already been inserted into article 4 of the No. 9 Order by article 7(2)(c)(ii) of S.I. 2014/3094 (C. 133).
M22S.I. 2015/33 (C. 4).
Signed by authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under Secretary of State,
Department for Work and Pensions
(This note is not part of the Order)
This Order brings into force provisions of the Welfare Reform Act 2012 (c. 5) (“the Act”) that relate to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker's allowance, in relation to the cases set out in articles 3 and 4.
Article 2 defines the gateway conditions, which are the requirements to be met to make a claim for UC. They are set out in Schedule 5 to 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 (S.I. 2013/983 (C. 41) (“the No. 9 Order”)) and have effect apart from the amendments made by article 4(5)(b) of 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 (C.3)) (“the 2015 Amendment Order”). The 2015 Amendment Order removed the condition that a claimant must not, for the majority of cases, have responsibility for children or young persons. By article 2(2)(a), this Order applies that condition for claims made with respect to the areas to which this Order applies.
The gateway conditions are also modified by article 2(2)(b) and (4) to require that a claimant must be single (“the modified gateway conditions”).
Article 2(2)(c) has the effect that the same amendment is made to the modified gateway conditions as is made by the amendment to the gateway conditions in Schedule 5 by article 5(a)(i) of the 2015 Amendment Order. The amendment increases the maximum earnings threshold in the modified gateway conditions and takes effect, as does the amendment under the 2015 Amendment Order, on or after 6th April 2015 for claims made or treated as made on or after that date.
Article 3 brings into force provisions relating to UC in Part 1 of the Act (“the UC provisions”), as set out in Schedule 2 to the No. 9 Order, in relation to a number of different cases as set out below.
Under article 3(2)(a) to (u), the UC provisions come into force in relation to a claim for UC and any award that is made in respect of the claim, where the claim is made on or after a specified date with respect to a period that begins on or after that date and, on the date on which the claim is made, the claimant resides in a specified area and complies with the modified gateway conditions as set out in Schedule 5 to the No. 9 Order. The specified dates and areas are as follows–
16th February 2015: the No. 29 relevant districts;
23rd February 2015: the No. 30 relevant districts;
2nd March 2015: the No. 31 relevant districts;
9th March 2015: the No. 32 relevant districts;
16th March 2015: the No. 33 relevant districts;
23rd March 2015: the No. 34 relevant districts;
13th April 2015: the No. 35 relevant districts;
20th April 2015: the No. 36 relevant districts;
27th April 2015: the No. 37 relevant districts;
4th May 2015: the No. 38 relevant districts;
11th May 2015: the No. 39 relevant districts;
18th May 2015: the No. 40 relevant districts;
25th May 2015: the No. 41 relevant districts;
1st June 2015: the No. 42 relevant districts;
8th June 2015: the No. 43 relevant districts;
15th June 2015: the No. 44 relevant districts;
22nd June 2015: the No. 45 relevant districts;
29th June 2015: the No. 46 relevant districts;
6th July 2015: the No. 47 relevant districts;
13th July 2015: the No. 48 relevant districts;
20th July 2015: the No. 49 relevant districts.
The postcodes and part-postcodes in each of the numbered relevant districts are set out in the table contained in the document entitled Index to Relevant Districts, issued by the Department for Work and Pensions on the date of making of this Order. The postcodes and part-postcodes are set out in the first column of the table and cross-refer to the relevant number in the third column. The document is available alongside this Order in the libraries of both Houses of Parliament and may also be obtained free of charge from the UC Policy Division of the Department for Work and Pensions, Level 3E, Caxton House, 6-12 Tothill Street, London, SW1H 9NA, in hard copy, or from the Gov.UK website, in soft copy, at: https://www.gov.uk/government/publications/universal-credit-national-expansion.
Under article 3(2)(v), the UC provisions come into force in relation to a claim for UC and any award that is made in respect of the claim where the claimant claims UC on or after the date specified in any of sub-paragraphs (a) to (u) of article 3(2), in respect of a period that begins on or after that date, and provides incorrect information regarding the claimant residing in the area specified in that sub-paragraph or meeting the modified gateway conditions, but this is only discovered once payments of UC have been made.
Under article 3(3), the day appointed for the commencement of the UC provisions in the above cases is the first day of the period in respect of which the claim is made.
Paragraphs (4) and (5) of article 3 apply the provisions of article 3(6) (period for which a claim for universal credit is made) and article 3A (incorrect information regarding entitlement to claim universal credit) of the No. 9 Order respectively to the cases in article 3(2) of this Order.
Article 4 brings into force provisions of the Act relating to the abolition of income-related employment and support allowance and of income-based jobseeker's allowance (“the amending provisions”), in relation to a number of different cases as referred to below.
Under article 4(1) and sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm) and (oo) of paragraph (2), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after the date specified in any of those sub-paragraphs with respect to a period that begins on or after that date and, on the date on which the claim is made, the claimant resides in the area specified in that sub-paragraph and complies with the modified gateway conditions. (The specified dates and areas are the same as those listed above in connection with the coming into force of the UC provisions).
Under article 4(1) and (2)(qq), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where a claimant claims UC on or after the date specified in relation to a claim for UC within one of the sub-paragraphs of article 4(2) referred to in the previous paragraph in respect of a period that begins on or after that date and provides incorrect information regarding the claimant residing in the area specified in that sub-paragraph or meeting the modified gateway conditions, but this is only discovered once payments of UC have been made.
Under article 4(1) and sub-paragraphs (b), (d), (f), (h), (j), (l), (n), (p), (r), (t), (v), (x), (z), (bb), (dd), (ff), (hh), (jj), (ll) (nn) and (pp) of paragraph (2) (“the relevant ESA and JSA claiming provisions”), the amending provisions come into force in relation to a claim for ESA or JSA, and any award that is made in respect of the claim, where the claim is made on or after the date specified in any of those sub-paragraphs and, on the date on which the claim is made, the claimant resides in the area specified in that sub-paragraph and complies with the modified gateway conditions. (Again, the specified dates and areas are the same as those listed above in connection with the coming into force of the UC provisions).
Under article 4(1) and (2)(rr), the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim is not a claim for ESA or JSA as referred to in the relevant ESA and JSA claiming provisions and where the claim is made during the “relevant period” (mainly the period when a claim for UC is being considered or an award of UC is extant).
Under article 4(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made.
Paragraphs (6) to (8) of article 4 (conversion of awards of incapacity benefit and severe disablement allowance, old-style ESA and JSA awards) apply the provisions of article 4(6), (7), (9) and (10), and article 5(1)(a) (interpretation of Schedule 5 to the No. 9 Order) and (8) (the period for which a claim for ESA, JSA or UC is made) of the No. 9 Order to the cases in article 4(2).
Article 5 provides that articles 9 to 22 of the No. 9 Order (transitional provisions) 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 article 4(2)(a), (b) or (g) of the No. 9 Order, and any award made in respect of the claim.
Article 6, with effect from 16th February 2015, modifies the Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887) so as those Regulations have effect as if they do not apply to the case of an award of UC made by virtue of this Order (unless one of the exceptions in regulation 5 of those Regulations applies).
Article 7 renumbers as (9) and (10) the paragraphs of article 4 of the No. 9 Order previously added as (8) and (9) by article 4(3) of the 2015 Amendment Order and makes consequential provisions. This corrects a drafting error, as paragraph (8) had already been added to article 4 of the No. 9 Order by article 7(2)(c)(ii) of 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 (S.I. 2014/3094 (C. 133)).
(This note is not part of the Order)
The following provisions of the Welfare Reform Act 2012 (c. 5) were brought into force by a Statutory Instrument which was made before this Order was made.
Provision | Date of commencement | S.I. Number |
---|---|---|
Section 1 (partially) | 29th April 2013 | 2013/983 |
Section 1 (partially) | 1st July 2013 | 013/1511 |
Section 1 (partially) | 29th July 2013 | 013/1511 |
Section 1 (partially) | 28th October 2013 | 2013/2657 |
Section 1 (partially) | 25th November 2013 | 2013/2846 |
Section 1 (partially) | 24th February 2014 | 2014/209 |
Section 1 (partially) | 7th April 2014 | 2014/209 |
Section 1 (partially) | 23rd June 2014 | 2014/1583 |
Section 1 (partially) | 30th June 2014 | 2014/1583 |
Section 1 (partially) | 30th June 2014 | 2014/1661 |
Section 1 (partially) | 7th July 2014 | 2014/1583 |
Section 1 (partially) | 14th July 2014 | 2014/1583 |
Section 1 (partially) | 21st July 2014 | 2014/1583 |
Section 1 (partially) | 28th July 2014 | 2014/1583 |
Section 1 (partially) | 28th July 1014 | 2014/1923 |
Section 1 (partially) | 15th September 2014 | 2014/2321 |
Section 1 (partially) | 22nd September 2014 | 2014/2321 |
Section 1 (partially) | 29th September 2014 | 2014/2321 |
Section 1 (partially) | 6th October 2014 | 2014/2321 |
Section 1 (partially) | 13th October 2014 | 2014/2321 |
Section 1 (partially) | 20th October 2014 | 2014/2321 |
Section 1 (partially) | 27th October 2014 | 2014/2321 |
Section 1 (partially) | 3rd November 2014 | 2014/2321 |
Section 1 (partially) | 10th November 2014 | 2014/2321 |
Section 1 (partially) | 17th November 2014 | 2014/2321 |
Section 1 (partially) | 24th November 2014 | 2014/2321 |
Section 1 (partially) | 24th November 2014 | 2014/3067 |
Section 1 (partially) | 26th November 2014 | 2014/3094 |
Section 1 (partially) | 1st December 2014 | 2014/2321 |
Section 1 (partially) | 8th December 2014 | 2014/2321 |
Section 1 (partially) | 15th December 2014 | 2014/2321 |
Section 1 (partially) | 26th January 2015 | 2015/32 |
Section 1 (partially) | 28th January 2015 | 2015/33 |
Section 1 (partially) | 2nd March 2015 | 2015/32 |
Section 1 (partially) | 6th April 2015 | 2015/32 |
Section 2(1) (partially) | As section 1 | As section 1 |
Section 2(2) | 25th February 2013 | 2013/358 |
Section 3 (partially) | As section 1 | As section 1 |
Section 4(1) and (4) (partially) | As section 1 | As section 1 |
Section 4(2), (3) and (5) to (7) | 25th February 2013 | 2013/358 |
Section 5 (partially) | 25th February 2013 | 2013/358 |
Section 5 (partially) | As section 1 | As section 1 |
Section 6(1)(a) and (3) (partially) | 25th February 2013 | 2013/358 |
Section 6 (partially) | As section 1 | As section 1 |
Section 7(1) and (4) (partially) | As section 1 | As section 1 |
Section 7(2) and (3) | 25th February 2013 | 2013/358` |
Section 8 (partially) | As section 1 | As section 1 |
Section 8(3) (partially) | 25th February 2013 | 2013/358 |
Section 9(1) (partially) | As section 1 | As section 1 |
Sections 9(2) and (3), 10(2) to (5) and 11(3) to (5) | 25th February 2013 | 2013/358 |
Section 10(1) (partially) | As section 1 | As section 1 |
Section 11(1) and (2) (partially) | As section 1 | As section 1 |
Section 12(1) (partially) | 25th February 2013 | 2013/358 |
Section 12(1) and (2) (partially) | As section 1 | As section 1 |
Section 12(3) and (4) | 25th February 2013 | 2013/358 |
Section 13 (partially) | As section 1 | As section 1 |
Section 14 (partially) | As section 1 | As section 1 |
Section 14(5) (partially) | 25th February 2013 | 2013/358 |
Section 15(1) and (4) (partially) | As section 1 | As section 1 |
Sections 15(2) and (3) and 17(3)(f) | 25th February 2013 | 2013/358 |
Section 16 (partially) | As section 1 | As section 1 |
Section 17(1), (2), (3)(a) to (e), (4) and (5) (partially) | As section 1 | As section 1 |
Section 17(4) and (5) (partially) | 25th February 2013 | 2013/358 |
Section 18 (partially) | As section 1 | As section 1 |
Section 18(3) and (5) (partially) | 25th February 2013 | 2013/358 |
Section 19(1), (2)(a) to (c), (5) and (6) (partially) | As section 1 | As section 1 |
Section 19(2)(d), (3) and (4) | 25th February 2013 | 2013/358 |
Section 20(1) (partially) | 25th February 2013 | 2013/358 |
Section 20 (partially) | As section 1 | As section 1 |
Section 21 (partially) | As section 1 | As section 1 |
Section 22 (partially) | As section 1 | As section 1 |
Section 22(2) (partially) | 25th February 2013 | 2013/358 |
Section 23 (partially) | As section 1 | As section 1 |
Sections 24(1), (5) and (6) and 25 | 25th February 2013 | 2013/358 |
Section 24(2), (3) and (4) (partially) | As section 1 | As section 1 |
Section 26(1) to (5) (partially) | As section 1 | As section 1 |
Section 26(2)(a) (partially) | 25th February 2013 | 2013/358 |
Sections 26(6) to (8), 27(4), (5) and (9) and 28 | 25th February 2013 | 2013/358 |
Section 27(1) to (3) and (6) to (8) (partially) | As section 1 | As section 1 |
Section 29 | 29th April 2013 | 2013/983 |
Sections 30 and 31 (partially) | 25th February 2013 | 2013/358 |
Section 31 (partially) | 1st April 2013 | 2013/358 |
Section 31 (partially) | 29th April 2013 | 2013/358 |
Section 31 (partially) | 29th April 2013 | 2013/983 |
Section 32 | 25th February 2013 | 2013/358 |
Section 33(1)(a) and (b), (2) and (3) (partially) | 16th June 2014 | 2014/1452 |
Section 33(1)(a) and (b), (2) and (3) (partially) | As section 1 | As section 1 |
Section 33(1)(e) | 1st April 2013 | 2013/358 |
Sections 33(3) (partially) | 1st April 2013 | 2013/358 |
Section 35 (partially) | 25th February 2013 | 2013/358 |
Section 35 (partially) | 29th April 2013 | 2013/983 |
Section 36 (partially) | 25th February 2013 | 2013/358 |
Sections 37(3) to (7) and 39(3)(a) | 25th February 2013 | 2013/358 |
Section 37 (for all remaining purposes) | 29th April 2013 | 2013/983 |
Section 38 | 29th April 2013 | 2013/983 |
Section 39 (partially) | 25th February 2013 | 2013/358 |
Section 39 (for all remaining purposes) | 29th April 2013 | 2013/983 |
Sections 40, 42 and 43 | 25th February 2013 | 2013/358 |
Section 44(1) (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Section 44(2) (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Section 44(5) | 10th June 2012 | 2012/1246 |
Section 45 | 8th October 2012 | 2012/2530 |
Section 46(1) and (3) (partially) | 10th June 2012 | 2012/1246 |
Section 46(1) (partially) | 22nd October 2012 | 2012/2530 |
Section 46(2) | 10th June 2012 | 2012/1246 |
Section 46(3) (for all remaining purposes) | 22nd October 2012 | 2012/2530 |
Section 46(4) | 22nd October 2012 | 2012/2530 |
Section 47 | 20th March 2012 | 2012/863 |
Section 48 (partially) | 22nd October 2012 | 2012/2530 |
Section 49(1) and (3) (partially) | 25th February 2013 | 2013/358 |
Section 49(1), (2) and (3) to (5) (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Section 49(6) | 25th February 2013 | 2013/358 |
Section 51 (partially) | 20th March 2012 | 2012/863 |
Section 51 (for all remaining purposes) | 1st May 2012 | 2012/863 |
Sections 52 and 53 | 1st May 2012 | 2012/863 |
Section 54(1) (partially) | 25th February 2013 | 2013/358 |
Section 54(1) and (2) (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Section 54(6) | 25th February 2013 | 2013/358 |
Section 55 | 3rd December 2012 | 2012/2530 |
Section 56 | 26th November 2012 | 2012/2530 |
Section 57(1) and (2) (partially) | 25th February 2013 | 2013/358 |
Section 57(1), (2), (4), (5) and (9) (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Section 57(6) | 25th February 2013 | 2013/358 |
Section 58(1) and (2) | 20th March 2012 | 2012/863 |
Section 64 (partially) | 30th October 2012 | 2012/2530 |
Section 64 (for all remaining purposes) | 5th December 2012 | 2012/2530 |
Section 65 | 5th December 2012 | 2012/2530 |
Section 66 (partially) | 30th October 2012 | 2012/2530 |
Section 66 (partially) | 31st October 2013 | 2013/2534 |
Sections 67 and 68 | 5th December 2012 | 2012/2530 |
Section 69 (partially) | 27th November 2012 | 2012/2946 |
Section 69 (for all remaining purposes) | 1st January 2013 | 2012/2946 |
Section 70(1) and (3) to (10) | 1st April 2013 | 2012/3090 |
Section 70(2) | 1st August 2013 | 2012/3090 |
Section 73 | 1st April 2013 | 2012/3090 |
Section 77(3) (partially) | 25th February 2013 | 2013/358 |
Section 77(1) to (3) (partially) | 8th April 2013 | 2013/358 |
Section 77(1) to (3) (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Section 78(1), (2), (5) and (6) (partially) | 8th April 2013 | 2013/358 |
Section 78(1), (2), (5) and (6) (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Section 78(3) and (4) | 25th February 2013 | 2013/358 |
Section 79(1), (2), (5) and (6) (partially) | 8th April 2013 | 2013/358 |
Section 79(1), (2), (5) and (6) (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Section 79(3), (4) and (7) | 25th February 2013 | 2013/358 |
Sections 80 and 81 | 25th February 2013 | 2013/358 |
Section 82 (partially) | 8th April 2013 | 2013/358 |
Section 82 (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Section 83(3) (partially) | 25th February 2013 | 2013/358 |
Section 83(1) to (3) and 84 (partially) | 8th April 2013 | 2013/358 |
Section 83(1) to (3) and 84 (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Sections 85 and 86 | 25th February 2013 | 2013/358 |
Section 87 (partially) | 25th February 2013 | 2013/358 |
Section 87 (partially) | 8th April 2013 | 2013/358 |
Section 87 (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Sections 88 and 89 (partially) | 8th April 2013 | 2013/358 |
Sections 88 and 89 (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Section 91 (partially) | 25th February 2013 | 2013/358 |
Section 91 (partially) | 8th April 2013 | 2013/358 |
Section 91 (partially) | 10th June 2013 | 2012/1250 |
Sections 92, 93 and 94 | 25th February 2013 | 2013/358 |
Section 95 (partially) | 25th February 2013 | 2013/358 |
Section 95 (partially) | 8th April 2013 | 2013/358 |
Section 95 (for all remaining purposes) | 10th June 2013 | 2012/1250 |
Section 96 (partially) | 27th November 2012 | 2012/2946 |
Section 96 (for all remaining purposes) | 15th April 2013 | 2012/2946 |
Section 97(1) to (4) | 27th November 2012 | 2012/2946 |
Section 97(5) and (6) | 15th April 2013 | 2012/2946 |
Sections 98 and 99 | 25th February 2013 | 2013/358 |
Section 100 | 25th February 2013 | 2013/358 |
Section 101(1) (partially) | 25th February 2013 | 2013/358 |
Section 101(2) | 1st April 2013 | 2013/358 |
Section 102(1) (partially) | 25th February 2013 | 2013/358 |
Section 102(2) to (5) | 25th February 2013 | 2013/358 |
Section 102(6) (partially) | 25th February 2013 | 2013/358 |
Section 102(6) (partially) | 29th April 2013 | 2013/983 |
Section 104 | 25th February 2013 | 2013/358 |
Section 105(1) (partially) | 1st July 2012 | 2012/1246 |
Section 105(1) (partially) | 1st October 2012 | 2012/1246 |
Section 105(1) (partially) | 29th April 2013 | 2013/358 |
Section 105(3), (5) and (6) | 29th April 2013 | 2013/358 |
Section 105(4) | 1st October 2012 | 2012/1246 |
Section 105(7) (partially) | 29th April 2013 | 2013/358 |
Section 106 | 1st July 2012 | 2012/1246 |
Section 110 (partially) | 17th June 2013 | 2012/1250 |
Section 110 | 1st October 2013 | 2012/1250 |
Sections 113 to 115 | 8th May 2012 | 2012/863 |
Section 116(1) (partially) | 10th May 2012 | 2012/1246 |
Section 116(1) (for all remaining purposes) | 1st October 2012 | 2012/1246 |
Section 116(2) | 10th May 2012 | 2012/1246 |
Section 117(1) (partially) | 1st April 2013 | 2013/358 |
Section 117(1) (for all remaining purposes) | 6th April 2013 | 2013/358 |
Section 117(2) | 1st April 2013 | 2013/358 |
Section 117(3) | 6th April 2013 | 2013/358 |
Section 118(1), (2), (5) and (8)(b) (partially) | 25th February 2013 | 2013/358 |
Section 118(1), (2), (5) and (8)(b) (for all remaining purposes) | 1st April 2013 | 2013/358 |
Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 119 | 1st April 2013 | 2013/358 |
Section 120 (partially) | 1st February 2013 | 2013/178 |
Section 120 (for all remaining purposes) | 6th April 2013 | 2013/178 |
M23Sections 122, 123 and 125 | 6th June 2012 | 2012/1246 |
Sections 128 and 129 | 20th March 2012 | 2012/863 |
Section 130 (partially) | 20th March 2012 | 2012/863 |
Section 130 (for all remaining purposes) | 8th May 2012 | 2012/863 |
Section 131 (partially) | 20th March 2012 | 2012/863 |
Section 131 (for all remaining purposes) | 8th May 2012 | 2012/863 |
Section 132(8) | 20th March 2012 | 2012/863 |
Section 132 (for all remaining purposes) | 8th May 2012 | 2012/863 |
Section 133(1) to (4) | 20th March 2012 | 2012/863 |
Section 133(6) | 2nd July 2012 | 2012/1651 |
Sections 136, 140 and 141 | 25th November 2013 | 2013/2947 |
Section 137 | 30th June 2014 | 2014/1635 |
Sections 143, 144 and 146 | 8th May 2012 | 2012/863 |
Schedule 1 (partially) | 25th February 2013 | 2013/358 |
Schedule 2 (partially) | 25th February 2013 | 2013/358 |
Schedule 2 (partially) | 1st April 2013 | 2013/358 |
Schedule 2 (partially) | 29th April 2013 | 2013/358 |
Schedule 2 (partially) | 29th April 2013 | 2013/983 |
Schedule 3 (partially) | 1st April 2013 | 2013/358 |
Schedule 3 (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Schedule 5 (partially) | 25th February 2013 | 2013/358 |
Schedule 5 (partially) | 29th April 2013 | 2013/983 |
Schedule 6 (partially) | 25th February 2013 | 2013/358 |
Schedule 7 (partially) | 22nd October 2012 | 2012/2530 |
Schedule 8 (partially) | 1st April 2013 | 2012/3090 |
Schedule 8 (for all remaining purposes) | 1st August 2013 | 2012/3090 |
Schedule 9 (partially) | 25th February 2013 | 2013/358 |
Schedule 9 (partially) | 8th April 2013 | 2013/358 |
Schedule 9 (partially) | 10th June 2013 | 2012/1250 |
Schedule 10 | 25th February 2013 | 2013/358 |
Schedule 11 (partially) | 25th February 2013 | 2013/358 |
Schedule 11 (partially) | 29th April 2013 | 2013/983 |
Part 1 of Schedule 14 (partially) | As Schedule 3 | As Schedule 3 |
Part 3 of Schedule 14 (partially) | 22nd October 2012 | 2012/2530 |
Parts 4 and 5 of Schedule 14 (partially) | As section 33(1)(a) and (b) | As section 33(1)(a) and (b) |
Part 8 of Schedule 14 (partially) | 1st April 2013 | 2012/3090 |
Part 8 of Schedule 14 (partially) | 1st August 2013 | 2012/3090 |
Part 11 of Schedule 14 (partially) | 1st April 2013 | 2013/358 |
Part 11 of Schedule 14 (partially) | 29th April 2013 | 2013/358 |
Part 14 of Schedule 14 | 8th May 2012 | 2012/863 |
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