The Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019

Amendment of the No. 9, No. 21 and No. 23 Orders

5.—(1) With effect from 1st February 2019, the No. 9, No. 21 and No. 23 Orders are amended as follows.

(2) In the No. 9 Order—

(a) in article 5A(1)(1), after “disability premium)” insert “or article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)”;

(b) in article 6(1)(e)(ii)(2), for the words after “made)” substitute “or the claim is or would be one to which regulation 4A of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium) or article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers) applies”.

(3) In article 6 of the No. 21 Order(3)—

(a) in paragraph (3), omit “or a tax credit” in the words before sub-paragraph (a), and omit sub-paragraph (b);

(b) in paragraph (4), for the words “is or are entitled” to the end substitute “has or have an award of working tax credit or child tax credit respectively”;

(c) in paragraph (5), for the words “is or was, or persons are or were, entitled to” substitute “has or had, or persons have or had, an award of”;

(d) for paragraph (6) substitute—

“(6) In paragraph (4), the reference to a person having an award of a tax credit includes where the person is “treated as being entitled to a tax credit” in the circumstances referred to in regulation 11(1) and (2)(a) to (ca) of the Universal Credit (Transitional Provisions) Regulations 2014(4) but as if, in regulation 11(1), for “For the purposes of regulations 7(7) and 8(4)” there were substituted “For the purposes of article 6(4) of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015”.”;

(e) in paragraph (11), after “2014,” insert “or by virtue of article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019”.

(4) In article 7 of the No. 23 Order(5)—

(a) in paragraph (2), after “2014,” insert “or by virtue of article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019”;

(b) in paragraph (4), omit “or a tax credit” in the words before sub-paragraph (a), and omit sub-paragraph (b);

(c) in paragraph (5), for the words “is or are entitled” to the end substitute “has or have an award of working tax credit or child tax credit respectively”;

(d) in paragraph (6), for the words “is or was, or persons are or were, entitled to” substitute “has or had, or persons have or had, an award of”;

(e) for paragraph (7) substitute—

“(7) In paragraph (5), the reference to a person having an award of a tax credit includes where the person is “treated as being entitled to a tax credit” in the circumstances referred to in regulation 11(1) and (2)(a) to (ca) of the Universal Credit (Transitional Provisions) Regulations 2014 but as if, in regulation 11(1), for “For the purposes of regulations 7(7) and 8(4)” there were substituted “For the purposes of article 7(5) of the Welfare Reform Act 2012 (Commencement No 23 and Transitional and Transitory Provisions) Order 2015”.”.

(1)

Article 5A was inserted by S.I. 2014/1452 and amended by S.I. 2014/2321, 2017/483, 2019/10 and 27.

(2)

Article 6 was amended by S.I. 2014/1452, 2017/483 and 2019/37. Regulation 4A of the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230) was inserted by S.I. 2019/10.

(3)

Relevant amendments were made by S.I. 2015/634, 2017/483, 2019/10 and 27.

(4)

S.I. 2014/1230; regulation 11 was amended by S.I. 2018/65.

(5)

Relevant amendments were made by S.I. 2017/376 and 2019/10 and 27.