The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification) (No. 2)) Order 2018

Citation

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification) (No. 2)) Order 2018.

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(1);

(b)

in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995(2) (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(3);

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987(4);

“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 No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014(5);

“the No. 19 Order” means the Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014(6);

“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015(7);

“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015(8);

“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(9).

(2) 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(10) 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.

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

(4) Subject to paragraph (5), 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.

(5) Where, by virtue of—

(a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987(11), 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(12), 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 (4)(a) is taken, the claim is treated as made on that earlier date.

Modification of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order: removal of the gateway conditions

3.  The provisions specified in the first column of the table in the Schedule have effect as though the reference in those provisions to meeting the gateway conditions were omitted, in respect 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, by reference to the claimant’s residence in any postcode district or part-district specified in the corresponding entry in the second column, on or after the date specified in the corresponding entry in the third column.

Modifications of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order in consequence of removal of the gateway conditions

4.—(1) This article applies in respect of claims in relation to which provisions of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order are modified by article 3.

(2) Where this article applies, the following modifications also have effect—

(a) those made to the No. 17 Order by article 10(2) of the Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017(13); and

(b) those made to the No. 19 Order, the No. 22 Order and the No. 24 Order by articles 13(2), 14(2) and 15(2) respectively of the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016(14).

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

5.—(1) This article applies to claims in relation to which the provisions referred to in paragraph (2)(a) to (d) are modified by article 3.

(2) Where this article applies, article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)(15) 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 reference to—

(a) paragraph (1) and sub-paragraphs (c) and (i) of paragraph (2) of article 3 of the No. 17 Order;

(b) paragraph (1) and sub-paragraphs (b) to (h) and (j) to (n) of paragraph (2) of article 3 of the No. 19 Order;

(c) paragraph (1) and sub-paragraphs (a), (c) to (e), (g) to (k), (m) to (q), and (t) of paragraph (2) of article 3 of the No. 22 Order; and

(d) paragraph (1) and sub-paragraphs (a) to (d), (f) to (y), (aa) and (cc) of paragraph (2) of article 3 of the No. 24 Order.

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

19th July 2018