The Welfare Reform and Work Act 2016 (Commencement No. 3) Regulations 2016

Statutory Instruments

2016 No. 910 (C. 64)

Social Security

The Welfare Reform and Work Act 2016 (Commencement No. 3) Regulations 2016

Made

12th September 2016

The Secretary of State makes the following Regulations in exercise of the power conferred by section 36(3)(b) and (8) of the Welfare Reform and Work Act 2016(1).

Citation

1.  These Regulations may be cited as The Welfare Reform and Work Act 2016 (Commencement No. 3) Regulations 2016.

Commencement

2.—(1) Sections 8 (benefit cap) and 9(1) to (5) (review of benefit cap) of the Act come into force on the 7th November 2016 so far as they are not already in force on that date.

(2) Notwithstanding paragraph (1), the amendments made by section 8 (benefit cap) of the Act do not apply to an existing award of universal credit if the first day of an assessment period for that award is not the 7th November 2016, until the first day of the next assessment period for the award following the 7th November 2016.

(3) For the purpose of this regulation—

“the 2012 Act” means the Welfare Reform Act 2012(2);

“the Act” means the Welfare Reform and Work Act 2016;

“assessment period” has the meaning given by section 7(2) of the 2012 Act; and

“existing award of universal credit” means an award of universal credit that exists on the 7th November 2016.

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

Caroline Nokes

Parliamentary Under-Secretary of State,

Department for Work and Pensions

12th September 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2(1) of these Regulations appoints the 7th November 2016 as the day for the coming into force of sections 8 (benefit cap) and 9(1) to (5) (review of benefit cap) of the Welfare Reform and Work Act 2016 (c.7) (the “Act”) to the extent they are not already in force on that day.

Regulation 2(2) provides that notwithstanding paragraph (1), the amendments made by section 8 (benefit cap) of the Act will not apply to an existing award of universal credit, if the first day of the assessment period of that award is not the 7th November 2016, until the first day of the next assessment period following the 7th November 2016.

Regulation 2(3) contains interpretive provisions.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Welfare Reform and Work Act 2016 (c.7) were brought into force by Statutory Instrument before these Regulations were made.

Provision	Date of commencement	S.I. Number
Section 3	16th May 2016	2016/394
Section 10	9th June 2016	2016/610
Section 22	30th May 2016	2016/394
Section 23 (subsection (1), (2) and (5) to (9))	1st April 2016	2016/394
Section 24	1st April 2016	2016/394
Section 26	1st April 2016	2016/394
Section 27	1st April 2016	2016/394
Section 28	1st April 2016	2016/394
Section 29	1st April 2016	2016/394
Section 30	1st April 2016	2016/394
Section 31	1st April 2016	2016/394
Section 32	1st April 2016	2016/394
Section 33(1), (2), (3)(a) and (4) – (9)	1st April 2016	2016/394
Schedule 2 paragraph 8(1)	18th March 2016	2016/394
Schedule 2 (remainder)	1st April 2016	2016/394

(1)

2016 c. 7.

(2)

2012 c.5.