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The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

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Statutory Instruments

2017 No. 57 (C. 5)

Social Security

The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Made

25th January 2017

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(1):

Citation

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017.

Interpretation

2.—(1) In this Order—

“claimant”—

(a)

in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007(2);

(b)

in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995(3) (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based jobseeker’s allowance);

(c)

in relation to universal credit, has the same meaning as in Part 1 of the Welfare Reform Act 2012(4);

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987(5);

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

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

“the May 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016(6);

“the September 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016(7);

“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(8);

“the No. 11 Order” means the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013(9);

“the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013(10);

“the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014(11);

“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015(12);

“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015(13);

“the No. 24 Order” means the Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015(14).

(2) In this Order, references to “designated postcodes”, by numbered “Part”, are to any postcode district or part-district in the corresponding numbered Part of the Schedule to this Order.

(3) 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(15) apply for the purpose of deciding—

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

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

(4) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (5) and (6), 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.

(5) Subject to paragraph (6), for the purposes of this Order—

(a)a person makes a claim for an employment and support allowance or a jobseeker’s allowance if that person 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.

(6) Where, by virtue of—

(a)regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987(16), 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(17), 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 (5)(a) is taken, the claim is treated as made on that earlier date.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 1st February 2017

3.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 1st February 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order(18), in respect of the Part 1 designated postcodes;

(b)articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order(19), in respect of the Part 2 designated postcodes;

(c)articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 22 Order(20), in respect of the Part 3 designated postcodes;

(d)articles 3(2)(b) and 4(2)(c) and (d) of the No. 24 Order, in respect of the Part 4 designated postcodes;

(e)articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order(21), in respect of the Part 5 designated postcodes;

(f)articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order(22), in respect of the Part 6 designated postcodes;

(g)articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 7 designated postcodes;

(h)articles 3(2)(m) and 4(2)(y) and (z) of the No. 24 Order(23), in respect of the Part 8 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th February 2017

4.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 8th February 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order(24), in respect of the Part 9 designated postcodes;

(b)articles 3(2)(j) and 4(2)(s) and (t) of the No. 24 Order(25), in respect of the Part 10 designated postcodes.

Modification of the No. 11, 22 and 24 Orders: removal of the gateway conditions from 22nd February 2017

5.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 22nd February 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(a) and 4(2)(a) of the No. 11 Order(26), in respect of the Part 11 designated postcodes;

(b)articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 12 designated postcodes;

(c)articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order(27), in respect of the Part 13 designated postcodes;

(d)articles 3(2)(j) and 4(2)(s) and (t) of the No. 22 Order(28), in respect of the Part 14 designated postcodes;

(e)articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order(29), in respect of the Part 15 designated postcodes;

(f)articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 16 designated postcodes;

(g)articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 24 Order(30), in respect of the Part 17 designated postcodes;

(h)articles 3(2)(y) and 4(2)(ww) and (xx) of the No. 24 Order, in respect of the Part 18 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th March 2017

6.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 8th March 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order, in respect of the Part 19 designated postcodes;

(b)articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order(31), in respect of the Part 20 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 15th March 2017

7.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 15th March 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order, in respect of the Part 21 designated postcodes;

(b)articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 22 Order, in respect of the Part 22 designated postcodes;

(c)articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 24 Order, in respect of the Part 23 designated postcodes.

Modification of the No. 22 Order: removal of the gateway conditions from 22nd March 2017

8.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 22nd March 2017.

(2) Where this article applies, articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order have effect, with respect to a claimant residing in the Part 24 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 29th March 2017

9.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 29th March 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 25 designated postcodes;

(b)articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 26 designated postcodes;

(c)articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order, in respect of the Part 27 designated postcodes;

(d)articles 3(2)(y) and 4(2)(ww) and (xx) of the No. 24 Order, in respect of the Part 28 designated postcodes.

Modification of the No. 16 Order: removal of the gateway conditions from 5th April 2017

10.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 5th April 2017.

(2) Where this article applies, articles 3(2)(a) and 4(2)(a) of the No. 16 Order(32) have effect, with respect to a claimant residing in the Part 29 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted.

Modification of the No. 22 Order: removal of the gateway conditions from 12th April 2017

11.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 12th April 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(b) and 4(2)(c) and (d) of the No. 22 Order(33), in respect of the Part 30 designated postcodes;

(b)articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 22 Order(34), in respect of the Part 31 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 19th April 2017

12.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 19th April 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order, in respect of the Part 32 designated postcodes;

(b)articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 22 Order, in respect of the Part 33 designated postcodes;

(c)articles 3(2)(e) and 4(2)(i) and (j) of the No. 24 Order(35), in respect of the Part 34 designated postcodes.

Modification of the No. 11 and 13 Orders: removal of the gateway conditions from 26th April 2017

13.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 26th April 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(a) and 4(2)(a) of the No. 11 Order, in respect of the Part 35 designated postcodes;

(b)articles 3(2)(a) and 4(2)(a) of the No. 13 Order(36), in respect of the Part 36 designated postcodes.

Modifications in consequence of removal of the gateway conditions: the No. 11 Order

14.—(1) This article applies in the case of a claim in relation to which provisions of the No. 11 Order are modified under articles 5(2)(a) or 13(2)(a).

(2) Where this article applies, the No. 11 Order has effect as though—

(a)in article 2(1) (interpretation), the definition of “gateway conditions” were omitted(37);

(b)in article 3(2)(b) (coming into force of the universal credit provisions and incorrect information)(38)—

(i)in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

(iii)in paragraph (iii), “or meeting the gateway conditions” were omitted;

(c)in article 3(6) (article 3A of the No. 9 Order and incorrect information)(39), “or meeting the gateway conditions” were omitted in both places it occurs;

(d)in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)(40)—

(i)in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)in paragraph (ii), “or meeting those conditions” and “or does not or do not meet those conditions” were omitted;

(iii)in paragraph (iii), “or meeting the gateway conditions” were omitted; and

(e)for article 4(7) (claims by couples) there were substituted—

(7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the No. 9 Order (but as if the references in paragraph (1A) to Schedule 5 to the No. 9 Order were omitted)..

Modifications in consequence of removal of the gateway conditions: the No. 13 Order

15.—(1) This article applies in the case of a claim in relation to which provisions of the No. 13 Order are modified under article 13(2)(b).

(2) Where this article applies, the modifications to the No. 13 Order made by article 6(2) of the May 2016 Order have effect.

Modifications in consequence of removal of the gateway conditions: the No. 16 Order

16.—(1) This article applies in the case of a claim in relation to which provisions of the No. 16 Order are modified under article 10(2).

(2) Where this article applies, the modifications to the No. 16 Order made by paragraph (2) of article 8 of the May 2016 Order have effect, apart from the modification made by sub-paragraph (c)(i) of that paragraph.

Modifications in consequence of removal of the gateway conditions: the No. 22 Order

17.—(1) This article applies in the case of a claim in relation to which provisions of the No. 22 Order are modified under—

(a)article 3(2)(a), (b) or (c);

(b)article 4(2)(a);

(c)article 5(2)(b), (c) or (d);

(d)article 6(2)(a);

(e)article 7(2)(a) or (b);

(f)article 8(2);

(g)article 9(2)(a);

(h)article 11(2)(a) or (b); or

(i)article 12(2)(a) or (b).

(2) Where this article applies, the modifications to the No. 22 Order made by article 14(2) of the September 2016 Order have effect.

Modifications in consequence of removal of the gateway conditions: the No. 24 Order

18.—(1) This article applies in the case of a claim in relation to which provisions of the No. 24 Order are modified under—

(a)article 3(2)(d), (e), (f), (g) or (h);

(b)article 4(2)(b);

(c)article 5(2)(e), (f), (g) or (h);

(d)article 6(2)(b);

(e)article 7(2)(c);

(f)article 9(2)(b), (c) or (d); or

(g)article 12(2)(c).

(2) Where this article applies, the modifications to the No. 24 Order made by article 15(2) of the September 2016 Order have effect.

Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit

19.  Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)(41) applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that Order included—

(a)a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 11 Order, in respect of claims in relation to which sub-paragraph (a) is modified by articles 5(2)(a) and 13(2)(a) of this Order;

(b)a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 13 Order, in respect of claims in relation to which sub-paragraph (a) is modified by article 13(2)(b) of this Order;

(c)a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 16 Order, in respect of claims in relation to which sub-paragraph (a) is modified by article 10(2) of this Order;

(d)a reference to paragraph (1) and sub-paragraphs (b), (e), (j), (n), (p), (r) and (t) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 11(2)(a), 5(2)(c), 5(2)(d), 3(2)(c), 7(2)(b), 12(2)(b) and 11(2)(b) of this Order;

(e)a reference to paragraph (1) and sub-paragraphs (c), (f), (h) and (i) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(b) and 9(2)(a), articles 3(2)(a) and 6(2)(a), articles 3(2)(b) and 12(2)(a) and articles 4(2)(a), 7(2)(a) and 8(2) of this Order;

(f)a reference to paragraph (1) and sub-paragraphs (b), (c), (e), (j), (m), (p), (s) and (t) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 3(2)(d), 3(2)(e), 12(2)(c), 4(2)(b), 3(2)(h), 6(2)(b), 5(2)(g) and 7(2)(c) of this Order; and

(g)a reference to paragraph (1) and sub-paragraphs (a), (h), (l) and (y) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(e) and 9(2)(b), articles 3(2)(f) and 9(2)(c), articles 3(2)(g) and 5(2)(f) and articles 5(2)(h) and 9(2)(d) of this Order.

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

Damian Hinds

Minister of State,

Department for Work and Pensions

25th January 2017

Article 2(2)

SCHEDULEPOSTCODE DISTRICTS AND PART-DISTRICTS

PART 1

LE16 7.

LE16 9.

NN17 1 and NN17 2.

NN17 4.

NN18 0.

NN18 9.

PART 2

SN6 8.

PART 3

NN18 8.

PART 4

NN6 9.

PART 5

LE16 8.

NN17 3.

NN17 5.

PART 6

SW7 5.

PART 7

TS25 5.

PART 8

PE8 4 and PE8 5.

PART 9

NE6 1 and NE6 2.

NE6 5.

PART 10

NE6 3.

NE7.

PART 11

WA1.

WA2.

WA3 4 to WA3 7.

WA4.

WA5.

WA13 0.

WA13 9.

PART 12

E3 4 and E3 5.

E3 9.

E14.

PART 13

SO14.

SO15.

SO16 2.

SO16 4 to SO16 6.

SO17.

SO18 1.

SO18 4.

SO18 6.

SO18 9.

SO19 1 and SO19 2.

SO19 4 and SO19 5.

SO19 7 to SO19 9.

PART 14

SO18 2 and SO18 3.

SO18 5.

SO19 0.

SO19 6.

SO30 0.

SO30 3 and SO30 4.

SO30 9.

PART 15

SO16 0.

SO16 3.

SO16 7 to SO16 9.

SO30 2.

PART 16

SO40 0.

SO40 2 and SO40 3.

SO40 8.

SO43.

PART 17

E3 2 and E3 3.

PART 18

SO31 4 and SO31 5.

SO31 8.

PART 19

CV13 0.

LE9 8.

LE10.

PART 20

LE9 4.

LE9 7.

PART 21

NE4.

NE5 1 and NE5 2

NE5 5.

NE5 9.

NE15 6 and NE15 7.

PART 22

NE15 8 and NE15 9.

PART 23

NE15 0.

PART 24

EH18.

EH19.

EH20.

EH22.

EH23.

EH24.

EH25.

EH26.

EH37.

PART 25

E1 0 to E1 5.

E1 7 and E1 8.

EC2N 2.

EC2V 8.

EC2Y 5.

EC3A 1.

EC3A 4 and EC3A 5.

EC3M 2 and EC3M 3.

EC3M 8.

EC3N 4.

EC3R 6.

EC3V 0 and EC3V 1.

EC3V 4.

EC4M 5 and EC4M 6.

EC4M 9.

EC4R 2.

EC4V 2.

PART 26

E1W.

PART 27

EC2A 1.

EC2M 3 to EC2M 7.

EC2N 1.

EC2N 3 and EC2N 4.

EC2R.

EC2V 5 to EC2V 7.

EC2Y 8 and EC2Y 9.

EC3A 2 and EC3A 3.

EC3A 6 to EC3A 8.

EC3M 1.

EC3M 4 to EC3M 7.

EC3N 1 to EC3N 3.

EC3R 5.

EC3R 7 and EC3R 8.

EC3V 3.

EC3V 9.

EC4A.

EC4M 7 and EC4M 8.

EC4N.

EC4R 0 and EC4R 1.

EC4R 3.

EC4R 9.

EC4V 3 to EC4V 6.

EC4Y.

PART 28

E1 6.

EC2A 2 to EC2A 4.

EC2M 1 and EC2M 2.

PART 29

CH5 1 to CH5 4.

CH5 9.

PART 30

CH6.

CH7 1 to CH7 3.

CH7 6.

CH7 9.

PART 31

CH7 4.

CH8 8.

PART 32

BA9.

BA10.

BA20.

BA21 3 and BA21 4.

BA22 7 and BA22 8.

TA10 9.

TA11 .

TA12.

TA13.

TA14.

TA15.

TA16.

TA17.

TA18 7.

TA18 9.

PART 33

BA7.

BA8.

SP7 0.

SP7 7 to SP7 9.

SP8 4 and SP8 5.

SP8 9.

PART 34

BA21 5.

BA22 9.

DT9.

TA18 8.

PART 35

M35 0.

M35 9.

OL1 1 to OL1 4.

OL1 9.

OL2 5 to OL2 8.

OL3 5 to OL3 7.

OL4 1 to OL4 5.

OL8.

OL9.

PART 36

M35 5.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies a series of prior Orders (the “prior commencement Orders”, defined below) bringing into force provisions of the Welfare Reform Act 2012 (c. 5) (“the Act”) relating to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance. Those prior commencement Orders are:

(a)the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 (S.I. 2013/1511 (C. 60));

(b)the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657 (C. 107));

(c)the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209 (C. 7));

(d)the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101 (C. 6) (“the No. 22 Order”)); and

(e)the Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/1537 (C. 87) (“the No. 24 Order”)).

Articles 3 and 4 of each of the prior commencement Orders brought into force respectively provisions relating to UC in Part 1 of the Act (“the UC provisions”), as set out in Schedule 2 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 provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”).

The modifications to the provisions of articles 3(2) and 4(2) of the prior commencement Orders by paragraph (2) of articles 3 to 13 of this Order remove the restrictions on claiming UC applied in the prior commencement Orders (“the gateway conditions”, set out in Schedule 5 to the No. 9 Order) so that they do not apply to the specified provisions of articles 3(2) and 4(2) of the prior commencement Orders for the coming into force of the UC provisions and the amending provisions in the postcode districts and part-districts specified.

Articles 3 to 13 of this Order apply where claims are made (as the case may be) for universal credit, an employment and support allowance or a jobseeker’s allowance on or after: 1st, 8th and 22nd February 2017; 8th, 15th, 22nd and 29th March 2017; 5th, 12th, 19th and 26th April 2017, respectively; and by reference to residence in one of the designated postcodes in the corresponding Part of the Schedule to this Order. See article 2(2) for the definition of these postcodes.

Articles 14 to 18 of this Order make consequential modifications to a number of similar provisions in each of the prior commencement Orders to remove references to meeting the gateway conditions. By virtue of the gateway conditions no longer applying, claims by couples will become possible for the first time in certain of the designated postcodes, those for which the UC provisions were commenced under the No. 22 Order and the No. 24 Order for single UC claimants only. The consequential modifications by articles 17 and 18 to those Orders also make provision for claims by couples.

Article 19 modifies article 7 of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634 (C. 32)) such that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for UC on that date, the UC provisions would come into force by virtue of any of the sub-paragraphs of article 3(2) of the prior commencement Orders modified by paragraph (2) of articles 3 to 13 of this Order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(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.

ProvisionDate of commencementS.I. Number
Section 1 (partially)29th April 20132013/983
Section 1 (partially)1st July 20132013/1511
Section 1 (partially)29th July 20132013/1511
Section 1 (partially)28th October 20132013/2657
Section 1 (partially)25th November 20132013/2846
Section 1 (partially)24th February 20142014/209
Section 1 (partially)7th April 20142014/209
Section 1 (partially)23rd June 20142014/1583
Section 1 (partially)30th June 20142014/1583
Section 1 (partially)30th June 20142014/1661
Section 1 (partially)7th July 20142014/1583
Section 1 (partially)14th July 20142014/1583
Section 1 (partially)21st July 20142014/1583
Section 1 (partially)28th July 20142014/1583
Section 1 (partially)28th July 10142014/1923
Section 1 (partially)15th September 20142014/2321
Section 1 (partially)22nd September 20142014/2321
Section 1 (partially)29th September 20142014/2321
Section 1 (partially)6th October 20142014/2321
Section 1 (partially)13th October 20142014/2321
Section 1 (partially)20th October 20142014/2321
Section 1 (partially)27th October 20142014/2321
Section 1 (partially)3rd November 20142014/2321
Section 1 (partially)10th November 20142014/2321
Section 1 (partially)17th November 20142014/2321
Section 1 (partially)24th November 20142014/2321
Section 1 (partially)24th November 20142014/3067
Section 1 (partially)26th November 20142014/3094
Section 1 (partially)1st December 20142014/2321
Section 1 (partially)8th December 20142014/2321
Section 1 (partially)15th December 20142014/2321
Section 1 (partially)26th January 20152015/32
Section 1 (partially)28th January 20152015/33
Section 1 (partially)16th February 20152015/101
Section 1 (partially)23rd February 20152015/101
Section 1 (partially)2nd March 20152015/32
Section 1 (partially)2nd March 20152015/101
Section 1 (partially)9th March 20152015/101
Section 1 (partially)16th March 20152015/101
Section 1 (partially)18th March 20152015/634
Section 1 (partially)23rd March 20152015/101
Section 1 (partially)6th April 20152015/32
Section 1 (partially)6th April 20152015/101
Section 1 (partially)13th April 20152015/101
Section 1 (partially)20th April 20152015/101
Section 1 (partially)27th April 20152015/101
Section 1 (partially)4th May 20152015/101
Section 1 (partially)11th May 20152015/101
Section 1 (partially)18th May 20152015/101
Section 1 (partially)25th May 20152015/101
Section 1 (partially)1st June 20152015/101
Section 1 (partially)8th June 20152015/101
Section 1 (partially)10th June 20152015/634
Section 1 (partially)15th June 20152015/101
Section 1 (partially)22nd June 20152015/101
Section 1 (partially)29th June 20152015/101
Section 1 (partially)6th July 20152015/101
Section 1 (partially)13th July 20152015/101
Section 1 (partially)20th July 20152015/101
Section 1 (partially)21st September 20152015/1537
Section 1 (partially)28th September 20152015/1537
Section 1 (partially)5th October 20152015/1537
Section 1 (partially)12th October 20152015/1537
Section 1 (partially)19th October 20152015/1537
Section 1 (partially)26th October 20152015/1537
Section 1 (partially)2nd November 20152015/1537
Section 1 (partially)4th November 20152015/634
Section 1 (partially)9th November 20152015/1537
Section 1 (partially)16th November 20152015/1537
Section 1 (partially)23rd November 20152015/1537
Section 1 (partially)30th November 20152015/1537
Section 1 (partially)2nd December 20152015/1930
Section 1 (partially)7th December 20152015/1537
Section 1 (partially)14th December 20152015/1537
Section 1 (partially)11th January 20162015/1537
Section 1 (partially)18th January 20162015/1537
Section 1 (partially)25th January 20162015/1537
Section 1 (partially)27th January 20162016/33
Section 1 (partially)1st February 20162015/1537
Section 1 (partially)8th February 20162015/1537
Section 1 (partially)15th February 20162015/1537
Section 1 (partially)22nd February 20162015/1537
Section 1 (partially)24th February 20162016/33
Section 1 (partially)29th February 20162015/1537
Section 1 (partially)7th March 20162015/1537
Section 1 (partially)14th March 20162015/1537
Section 1 (partially)21st March 20162015/1537
Section 1 (partially)23rd March 20162016/407
Section 1 (partially)28th March 20162015/1537
Section 1 (partially)11th April 20162015/1537
Section 1 (partially)18th April 20162015/1537
Section 1 (partially)25th April 20162015/1537
Section 1 (partially)27th April 20162016/407
Section 2(1) (partially)As section 1As section 1
Section 2(2)25th February 20132013/358
Section 3 (partially)As section 1As section 1
Section 4(1) and (4) (partially)As section 1As section 1
Section 4(2), (3) and (5) to (7)25th February 20132013/358
Section 5 (partially)25th February 20132013/358
Section 5 (partially)As section 1As section 1
Section 6(1)(a) and (3) (partially)25th February 20132013/358
Section 6 (partially)As section 1As section 1
Section 7(1) and (4) (partially)As section 1As section 1
Section 7(2) and (3)25th February 20132013/358`
Section 8 (partially)As section 1As section 1
Section 8(3) (partially)25th February 20132013/358
Section 9(1) (partially)As section 1As section 1
Sections 9(2) and (3), 10(2) to (5) and 11(3) to (5)25th February 20132013/358
Section 10(1) (partially)As section 1As section 1
Section 11(1) and (2) (partially)As section 1As section 1
Section 12(1) (partially)25th February 20132013/358
Section 12(1) and (2) (partially)As section 1As section 1
Section 12(3) and (4)25th February 20132013/358
Section 13 (partially)As section 1As section 1
Section 14 (partially)As section 1As section 1
Section 14(5) (partially)25th February 20132013/358
Section 15(1) and (4) (partially)As section 1As section 1
Sections 15(2) and (3) and 17(3)(f)25th February 20132013/358
Section 16 (partially)As section 1As section 1
Section 17(1), (2), (3)(a) to (e), (4) and (5) (partially)As section 1As section 1
Section 17(4) and (5) (partially)25th February 20132013/358
Section 18 (partially)As section 1As section 1
Section 18(3) and (5) (partially)25th February 20132013/358
Section 19(1), (2)(a) to (c), (5) and (6) (partially)As section 1As section 1
Section 19(2)(d), (3) and (4)25th February 20132013/358
Section 20(1) (partially)25th February 20132013/358
Section 20 (partially)As section 1As section 1
Section 21 (partially)As section 1As section 1
Section 22 (partially)As section 1As section 1
Section 22(2) (partially)25th February 20132013/358
Section 23 (partially)As section 1As section 1
Sections 24(1), (5) and (6) and 2525th February 20132013/358
Section 24(2), (3) and (4) (partially)As section 1As section 1
Section 26(1) to (5) (partially)As section 1As section 1
Section 26(2)(a) (partially)25th February 20132013/358
Sections 26(6) to (8), 27(4), (5) and (9) and 2825th February 20132013/358
Section 27(1) to (3) and (6) to (8) (partially)As section 1As section 1
Section 2929th April 20132013/983
Sections 30 and 31 (partially)25th February 20132013/358
Section 31 (partially)1st April 20132013/358
Section 31 (partially)29th April 20132013/358
Section 31 (partially)29th April 20132013/983
Section 3225th February 20132013/358
Section 33(1)(a) and (b), (2) and (3) (partially)16th June 20142014/1452
Section 33(1)(a) and (b), (2) and (3) (partially)As section 1As section 1
Section 33(1)(e)1st April 20132013/358
Sections 33(3) (partially)1st April 20132013/358
Section 35 (partially)25th February 20132013/358
Section 35 (partially)29th April 20132013/983
Section 36 (partially)25th February 20132013/358
Sections 37(3) to (7) and 39(3)(a)25th February 20132013/358
Section 37 (for all remaining purposes)29th April 20132013/983
Section 3829th April 20132013/983
Section 39 (partially)25th February 20132013/358
Section 39 (for all remaining purposes)29th April 20132013/983
Sections 40, 42 and 4325th February 20132013/358
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 20122012/1246
Section 458th October 20122012/2530
Section 46(1) and (3) (partially)10th June 20122012/1246
Section 46(1) (partially)22nd October 20122012/2530
Section 46(2)10th June 20122012/1246
Section 46(3) (for all remaining purposes)22nd October 20122012/2530
Section 46(4)22nd October 20122012/2530
Section 4720th March 20122012/863
Section 48 (partially)22nd October 20122012/2530
Section 49(1) and (3) (partially)25th February 20132013/358
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 20132013/358
Section 51 (partially)20th March 20122012/863
Section 51 (for all remaining purposes)1st May 20122012/863
Sections 52 and 531st May 20122012/863
Section 54(1) (partially)25th February 20132013/358
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 20132013/358
Section 553rd December 20122012/2530
Section 5626th November 20122012/2530
Section 57(1) and (2) (partially)25th February 20132013/358
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 20132013/358
Section 58(1) and (2)20th March 20122012/863
Section 64 (partially)30th October 20122012/2530
Section 64 (for all remaining purposes)5th December 20122012/2530
Section 655th December 20122012/2530
Section 66 (partially)30th October 20122012/2530
Section 66 (partially)31st October 20132013/2534
Sections 67 and 685th December 20122012/2530
Section 69 (partially)27th November 20122012/2946
Section 69 (for all remaining purposes)1st January 20132012/2946
Section 70(1) and (3) to (10)1st April 20132012/3090
Section 70(2)1st August 20132012/3090
Section 731st April 20132012/3090
Section 77(3) (partially)25th February 20132013/358
Section 77(1) to (3) (partially)8th April 20132013/358
Section 77(1) to (3) (for all remaining purposes)10th June 20132013/1250
Section 78(1), (2), (5) and (6) (partially)8th April 20132013/358
Section 78(1), (2), (5) and (6) (for all remaining purposes)10th June 20132013/1250
Section 78(3) and (4)25th February 20132013/358
Section 79(1), (2), (5) and (6) (partially)8th April 20132013/358
Section 79(1), (2), (5) and (6) (for all remaining purposes)10th June 20132013/1250
Section 79(3), (4) and (7)25th February 20132013/358
Sections 80 and 8125th February 20132013/358
Section 82 (partially)8th April 20132013/358
Section 82 (for all remaining purposes)10th June 20132013/1250
Section 83(3) (partially)25th February 20132013/358
Section 83(1) to (3) and 84 (partially)8th April 20132013/358
Section 83(1) to (3) and 84 (for all remaining purposes)10th June 20132013/1250
Sections 85 and 8625th February 20132013/358
Section 87 (partially)25th February 20132013/358
Section 87 (partially)8th April 20132013/358
Section 87 (for all remaining purposes)10th June 20132013/1250
Sections 88 and 89 (partially)8th April 20132013/358
Sections 88 and 89 (for all remaining purposes)10th June 20132013/1250
Section 91 (partially)25th February 20132013/358
Section 91 (partially)8th April 20132013/358
Section 91 (partially)10th June 20132013/1250
Sections 92, 93 and 9425th February 20132013/358
Section 95 (partially)25th February 20132013/358
Section 95 (partially)8th April 20132013/358
Section 95 (for all remaining purposes)10th June 20132013/1250
Section 96 (partially)27th November 20122012/2946
Section 96 (for all remaining purposes)15th April 20132012/2946
Section 97(1) to (4)27th November 20122012/2946
Section 97(5) and (6)15th April 20132012/2946
Sections 98 and 9925th February 20132013/358
Section 10025th February 20132013/358
Section 101(1) (partially)25th February 20132013/358
Section 101(2)1st April 20132013/358
Section 102(1) (partially)25th February 20132013/358
Section 102(2) to (5)25th February 20132013/358
Section 102(6) (partially)25th February 20132013/358
Section 102(6) (partially)29th April 20132013/983
Section 10425th February 20132013/358
Section 105(1) (partially)1st July 20122012/1246
Section 105(1) (partially)1st October 20122012/1246
Section 105(1) (partially)29th April 20132013/358
Section 105(3), (5) and (6)29th April 20132013/358
Section 105(4)1st October 20122012/1246
Section 105(7) (partially)29th April 20132013/358
Section 1061st July 20122012/1246
Section 110 (partially)17th June 20132013/1250
Section 1101st October 20132013/1250
Section 112(1) and (2) (partially)20th April 20162016/511
Section 112(1) and (2) (for all remaining purposes)24th May 20162016/511
Section 112(3) to (6)24th May 20162016/511
Sections 113 to 1158th May 20122012/863
Section 116(1) (partially)10th May 20122012/1246
Section 116(1) (for all remaining purposes)1st October 20122012/1246
Section 116(2)10th May 20122012/1246
Section 117(1) (partially)1st April 20132013/358
Section 117(1) (for all remaining purposes)6th April 20132013/358
Section 117(2)1st April 20132013/358
Section 117(3)6th April 20132013/358
Section 118(1), (2), (5) and (8)(b) (partially)25th February 20132013/358
Section 118(1), (2), (5) and (8)(b) (for all remaining purposes)1st April 20132013/358
Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 1191st April 20132013/358
Section 120 (partially)1st February 20132013/178
Section 120 (for all remaining purposes)6th April 20132013/178
Sections 122, 123 and 125(42)6th June 20122012/1246
Sections 128 and 12920th March 20122012/863
Section 130 (partially)20th March 20122012/863
Section 130 (for all remaining purposes)8th May 20122012/863
Section 131 (partially)20th March 20122012/863
Section 131 (for all remaining purposes)8th May 20122012/863
Section 132(8)20th March 20122012/863
Section 132 (for all remaining purposes)8th May 20122012/863
Section 133(1) to (4)20th March 20122012/863
Section 133(6)2nd July 20122012/1651
Sections 136, 140 and 14125th November 20132013/2947
Section 13730th June 20142014/1635
Sections 143, 144 and 1468th May 20122012/863
Schedule 1 (partially)25th February 20132013/358
Schedule 2 (partially)25th February 20132013/358
Schedule 2 (partially)1st April 20132013/358
Schedule 2 (partially)29th April 20132013/358
Schedule 2 (partially)29th April 20132013/983
Schedule 3 (partially)1st April 20132013/358
Schedule 3 (partially)As section 33(1)(a) and (b)As section 33(1)(a) and (b)
Schedule 5 (partially)25th February 20132013/358
Schedule 5 (partially)29th April 20132013/983
Schedule 6 (partially)25th February 20132013/358
Schedule 7 (partially)22nd October 20122012/2530
Schedule 8 (partially)1st April 20132012/3090
Schedule 8 (for all remaining purposes)1st August 20132012/3090
Schedule 9 (partially)25th February 20132013/358
Schedule 9 (partially)8th April 20132013/358
Schedule 9 (partially)10th June 20132013/1250
Schedule 1025th February 20132013/358
Schedule 11 (partially)25th February 20132013/358
Schedule 11 (partially)29th April 20132013/983
Part 1 of Schedule 14 (partially)As Schedule 3As Schedule 3
Part 3 of Schedule 14 (partially)22nd October 20122012/2530
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 20132012/3090
Part 8 of Schedule 14 (partially)1st August 20132012/3090
Part 11 of Schedule 14 (partially)1st April 20132013/358
Part 11 of Schedule 14 (partially)29th April 20132013/358
Part 14 of Schedule 148th May 20122012/863
(4)

See section 40.

(16)

Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490.

(17)

Paragraphs (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, 2000/1982 and 2009/1490.

(18)

Articles 3(2)(f) and 4(2)(k) and (l) were modified by S.I. 2016/596 (C. 41) and 963.

(19)

Articles 3(2)(h) and 4(2)(o) and (p) were modified by S.I. 2016/596 (C. 41) and 963.

(20)

Articles 3(2)(n) and 4(2)(aa) and (bb) were modified by S.I. 2016/ 963.

(21)

Articles 3(2)(c) and 4(2)(e) and (f) were modified by S.I. 2016/596 (C. 41) and 963.

(22)

Articles 3(2)(h) and 4(2)(o) and (p) were modified by S.I. 2016/963.

(23)

Articles 3(2)(m) and 4(2)(y) and (z) were modified by S.I. 2016/963.

(24)

Articles 3(2)(i) and 4(2)(q) and (r) were modified by S.I. 2016/33 (C. 3), 407 (C. 20) and 596 (C. 41).

(25)

Articles 3(2)(j) and 4(2)(s) and (t) were modified by S.I. 2016/963.

(26)

Articles 3(2) and 4 were substituted by S.I. 2014/1452 (C. 56) so as to include reference to meeting the gateway conditions; article 4(2)(a) was amended by S.I. 2014/1923 (C. 88).

(27)

Articles 3(2)(e) and 4(2)(i) and (j) were modified by S.I. 2016/596 (C. 41) and 963.

(28)

Articles 3(2)(j) and 4(2)(s) and (t) were modified by S.I. 2016/963.

(29)

Articles 3(2)(a) and 4(2)(a) and (b) were modified by S.I. 2016/596 (C. 41) and 963 .

(30)

Articles 3(2)(s) and 4(2)(kk) and (ll) were modified by S.I. 2016/963.

(31)

Articles 3(2)(p) and 4(2)(ee) and (ff) were modified by S.I. 2016/963.

(32)

Articles 3(2) and 4 were substituted by S.I. 2014/1452 (C. 56) so as to include reference to meeting the gateway conditions; article 4(2)(a) was amended by S.I. 2014/1923 (C. 88). Articles 3(2)(a) and 4(2)(a) were modified by S.I. 2016/596 (C. 41).

(33)

Articles 3(2)(b) and 4(2)(c) and (d) were modified by S.I. 2016/963.

(34)

Articles 3(2)(t) and 4(2)(mm) and (nn) were modified by S.I. 2016/33 (C. 3) and 963.

(35)

Articles 3(2)(e) and 4(2)(i) and (j) were modified by S.I. 2016/963.

(36)

Articles 3(2) and 4 were substituted by S.I. 2014/1452 (C. 56) so as to include reference to meeting the gateway conditions; article 4(2)(a) was amended by S.I. 2014/1923 (C. 88). Articles 3(2)(a) and 4(2)(a) were modified by S.I. 2016/596 (C. 41).

(37)

The definition of gateway conditions was inserted by S.I. 2014/1452 (C. 56), amended by S.I. 2014/1661 (C. 69) and substituted by S.I. 2014/3067 (C. 129) and 2015/32 (C. 3).

(38)

Sub-paragraph (b) was substituted by S.I. 2014/1923 (C. 88).

(39)

Inserted by S.I. 2014/1452 (C. 56) and substituted by S.I. 2014/1923 (C. 88).

(40)

Sub-paragraph (b) was substituted by S.I. 2014/1923 (C. 88).

(41)

Paragraphs (1) and (10)(b) of article 7 were amended by S.I. 2015/740 (C. 39); paragraph (1) was modified by S.I. 2015/1930 (C. 118), 2016/33 (C. 3), 407 (C. 20), 596 (C. 41) and 963.

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