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