Statutory Instruments

2013 No. 358 (C. 16)

Social Security

The Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013

Made

19th February 2013

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)(iii) and (c) of the Welfare Reform Act 2012 .

Citation and interpretation

1. —(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013.

(2) In this Order—

“ the 1992 Act ” means the Social Security Administration Act 1992 ;

“ the 2012 Act ” means the Welfare Reform Act 2012;

“ personal independence payment ” means a payment under Part 4 of the 2012 Act.

Appointed day

2. —(1) 25th February 2013 is the day appointed for the coming into force of the provisions of the 2012 Act listed in Schedule 1 to this Order for the purpose of making Regulations.

(2) 25th February 2013 is the day appointed for the coming into force of the provisions of the 2012 Act listed in Schedule 2 to this Order for all purposes.

3. 25th February 2013 is the day appointed for the coming into force of the following provisions of the 2012 Act—

(a) paragraph 26 of Schedule 2 (universal credit: amendments);

(b) paragraph 3 of that Schedule and section 31 (supplemental and consequential amendments) in so far as they relate to paragraph 26 of that Schedule;

(d) paragraph 7 of that Schedule and section 91 (amendments) in so far as they relate to paragraph 26 of that Schedule.

Appointed day for provisions relating to payments on account

4. —(1) 1st April 2013 is the day appointed for the coming into force of Part 11 of Schedule 14 to the 2012 Act (repeals) in so far as that Part repeals the following provisions of the 1992 Act—

(a) section 7(2)(a);

(b) section 71(7); and

(2) 1st April 2013 is the day appointed for the coming into force of section 101(2) of the 2012 Act (payments on account).

Appointed day and saving for provisions relating to overpayments

5. —(1) 25th February 2013 is the day appointed for the coming into force of paragraph 7 of Schedule 2 to the 2012 Act (which relates to recovery of benefits), paragraph 3 of Schedule 2 in so far as it relates to paragraph 7 and section 31 of the 2012 Act in so far as it relates to those paragraphs.

(2) 29th April 2013 is the day appointed for the coming into force of the provisions of the 2012 Act mentioned in paragraphs (3) to (5) (which also relate to the recovery of benefit payments).

(3) In relation to section 105 (recovery of benefit payments)—

(a) subject to paragraph (3A), subsection (1) of that section, in so far as it is not already in force; except in so far as it inserts section 71ZB(1)(d) of the 1992 Act and the word “and” immediately preceding it;

(b) subsections (3), (5) and (6) of that section; and

(3A) In so far as section 105(1) of the 2012 Act inserts section 71ZB(1)(b) and (c) of the 1992 Act, those paragraphs come into force on 29th April 2013 only in so far as they relate respectively to a new style JSA award and a new style ESA award.

(4) In relation to Part 11 of Schedule 14, the repeals of—

(a) section 71(10A) and (10B) of the 1992 Act; and

(b) subject to paragraph (6), section 71(11)(aa) and (ac) of the 1992 Act.

(5) Paragraph 9 of Schedule 2, paragraph 3 of Schedule 2 in so far as it relates to paragraph 9 and section 31 in so far as it relates to those paragraphs.

(6) Despite paragraph (4)(b), the benefits referred to in section 71(11)(aa) and (ac) of the 1992 Act remain benefits to which section 71 of the 1992 Act apply to the extent that they relate respectively to an old style JSA award and an old style ESA award .

(7) In this article, “old style JSA award”, “new style JSA award”, “old style ESA award” and “new style ESA award” have the same meaning as in article 2(1) of 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.

Appointed days for loss of benefit provisions

6. —(1) 25th February 2013 is the day appointed for the coming into force of the provisions of Schedule 2 to the 2012 Act specified in paragraph (2) (which relate to loss of benefit).

(2) The provisions for the purposes of paragraph (1) are—

(a) paragraph 58(3) and paragraph 58(1) in so far as it relates to that sub-paragraph;

(b) paragraph 59(3) and paragraph 59(1) in so far as it relates to that sub-paragraph;

(d) paragraph 63(2) and paragraph 63(1) in so far as it relates to that sub-paragraph.

(3) 25th February 2013 is the day appointed for the coming into force of paragraph 56 of Schedule 2 to, and section 31 of, the 2012 Act in so far as they relate to the paragraphs and sub-paragraphs of Schedule 2 to the 2012 Act specified in paragraph (2) of this article.

(4) 1st April 2013 is the day appointed for the coming into force of the following provisions of the 2012 Act (which also relate to loss of benefit)—

(a) section 117(2) (benefit offences: disqualifying and sanctionable benefits) and section 117(1) in so far as it relates to section 117(2);

(b) section 118 (benefit offences: period of sanction) in so far as it is not already in force;

(d) in Schedule 2 (universal credit: amendments)—

(i) paragraph 51, paragraph 43 of that Schedule in so far as it relates to paragraph 51 and section 31 in so far as it relates to both those paragraphs; and

(ii) paragraphs 57, 58(2) (and paragraph 58(1) in so far as it relates to paragraph 58(2)), 59(2) (and paragraph 59(1) in so far as it relates to paragraph 59(2)) and 62, paragraph 56 in so far as it relates to those paragraphs and sub-paragraphs and section 31 in so far as it relates to the paragraphs and sub-paragraphs mentioned in this paragraph (that is, paragraph (ii) of article 6(4)(d)).

(5) 6th April 2013 is the day appointed for the coming into force of section 117 of the 2012 Act in so far as it is not already in force.

Appointed day for personal independence payment

7. —(1) The day appointed for the coming into force of the provisions of the 2012 Act listed in paragraph (2) is 8th April 2013 in relation to a person whose only or principal residence is, on the date on which that person makes a claim for personal independence payment, located in an area to which one of the postcodes listed in Schedule 3 to this Order corresponds.

(2) The provisions for the purposes of paragraph (1) are—

(a) section 77(1), (2) and, to the extent that it is not already in force, (3) (personal independence payment);

(b) section 78(1), (2), (5) and (6) (daily living component);

(d) section 82 (terminal illness);

(e) section 83(1), (2) and, to the extent that it is not already in force, (3) (persons of pensionable age);

(f) section 84 (no entitlement to daily living component where UK is not competent state);

(g) section 87 to the extent that it is not already in force (prisoners and detainees);

(h) section 88 (claims, awards and information);

(i) section 89 (report to Parliament);

(j) section 95 (interpretation of Part 4) to the extent that it is not already in force;

(k) paragraphs 1 to 3, 5 to 25 and 27 to 50 of Schedule 9 and section 91 in so far as it relates to those paragraphs to the extent that those paragraphs and that section are not already in force.

Appointed day for council tax benefit

8. 1st April 2013 is the day appointed for the coming into force of the following provisions of the 2012 Act—

(a) section 33(1)(e) (abolition of benefits – council tax benefit);

(b) paragraphs 5 (and paragraph 4 in so far as it relates to paragraph 5) and 15 to 18 of Schedule 3 (abolition of benefits: consequential amendments), and section 33(3) in so far as it relates to those paragraphs, in so far as they relate to the abolition of council tax benefit; and

(c) the provisions of Part 1 of Schedule 14 (repeals – abolition of benefits superseded by universal credit) which are specified in Schedule 4 to this Order in so far as they relate to the abolition of council tax benefit.

Savings for council tax benefit

9. Notwithstanding the coming into force of Part 1 of Schedule 14 to the 2012 Act under article 8(c), the provisions specified in Schedule 4 to this Order and any regulations or orders made under them continue to have effect for any of the following matters arising on or after 1st April 2013 that relate to council tax benefit before 1st April 2013—

(a) the administration of council tax benefit;

(b) the administration of appeals against council tax benefit decisions;

(d) the recovery of excess council tax benefit;

(e) the administration of civil and administrative penalties;

(f) the payment of subsidy in respect of council tax benefit for years up to and including the year ending 31st March 2013.

Transitional provisions for council tax benefit

10. —(1) For the purpose of allowing a billing authority, or in Scotland a local authority, to make decisions in relation to matters in respect of council tax benefit arising before 1st April 2013 where a claim is received on or after 1st April 2013—

(a) the Council Tax Benefit Regulations 2006 as saved by virtue of article 9 are modified in accordance with Part 1 of Schedule 5 to this Order; and

(b) the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as saved by virtue of article 9 are modified in accordance with Part 2 of Schedule 5 to this Order.

(2) In this article—

“ billing authority ” has the meaning given in Part 1 of the Local Government Finance Act 1992 ; and

“ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .

Iain Duncan Smith

Secretary of State for Work and Pensions

SCHEDULES

Article 2(1)

SCHEDULE 1 Provisions coming into force for regulation-making purposes on 25th February 2013

1. Section 5 (financial conditions of entitlement).

2. Section 6(1)(a) and (3) (restrictions on entitlement).

3. Section 8(3) (calculation of awards).

4. Section 12(1) (other particular needs or circumstances).

5. Section 14(5) (claimant commitment).

6. Section 17(4) and (5) (work search requirement).

7. Section 18(3) and (5) (work availability requirement).

8. Section 20(1) (claimants subject to work-focused interview requirement only).

9. Section 22(2) (claimants subject to all work-related requirements).

10. Section 26(2)(a) (higher-level sanctions).

11. Section 49(3) (claimant responsibilities for jobseeker's allowance) and section 49(1) in so far as it relates to section 49(3).

12. Section 57(2) (claimant responsibilities for employment and support allowance) and section 57(1) in so far as it relates to section 57(2).

13. Section 77(3).

14. Section 83(3).

15. Section 87.

16. Section 95.

17. Section 101(1).

18. Section 102(6) (power to require consideration of revision before appeal), except in so far as it relates to paragraphs 12 to 14 of Schedule 11 (power to require consideration of revision before appeal), and section 102(1) in so far as it relates to that subsection.

19. Section 118(5) and (8)(b) and section 118(1) and (2) in so far as it relates to section 118(5) and (8)(b).

20. Paragraphs 4 and 23 of Schedule 2 and paragraph 3 and section 31 in so far as they relate to those paragraphs.

21. Paragraphs 2, 31 to 34, 43, 45, 47, 49 and 55 of Schedule 2 and section 31 in so far as it relates to those paragraphs.

22. Paragraph 32 of Schedule 9, paragraph 7 of Schedule 9 in so far as it relates to paragraph 32 and section 91 in so far as it relates to those paragraphs.

23. Paragraphs 39 and 41 of Schedule 9, paragraph 37 of Schedule 9 in so far as it relates to paragraphs 39 and 41 and section 91 in so far as it relates to those paragraphs.

24. Paragraphs 1 to 11 and 15 to 18 of Schedule 11.

Article 2(2)

SCHEDULE 2 Provisions coming into force for all purposes on 25th February 2013

1. Section 2(2) (claims for universal credit).

2. Section 4(2), (3) and (5) to (7) (basic conditions of entitlement).

3. Section 7(2) and (3) (basis of awards).

4. Section 9(2) and (3) (standard allowance).

5. Section 10(2) to (5) (responsibility for children and young persons).

6. Section 11(3) to (5) (housing costs).

7. Section 12(3) and (4).

8. Section 15(2) and (3) (work-focused interview requirement).

9. Section 17(3)(f).

10. Section 19(2)(d), (3) and (4) (claimants subject to no work-related requirements).

11. Section 24(1), (5) and (6) (imposition of requirements).

12. Section 25 (compliance with requirements).

13. Section 26(6) to (8).

14. Section 27(4), (5) and (9) (other sanctions).

15. Section 28 (hardship payments).

16. Section 32 (power to make supplementary and consequential provision etc).

17. Section 37(3) to (7) (capability for work or work-related activity).

18. Section 39(3)(a) (couples).

19. Section 40 (interpretation of Part 1).

20. Section 42 (regulations: general).

21. Section 43 (regulations: procedure).

22. Section 49(6) and section 49(1) in so far as it relates to section 49(6).

23. Section 54(6) (claimant commitment for employment and support allowance) and section 54(1) in so far as it relates to section 54(6).

24. Section 57(6) and section 57(1) in so far as it relates to section 57(6).

25. Section 78(3) and (4).

26. Section 79(3), (4) and (7).

27. Section 80 (ability to carry out daily living activities or mobility activities).

28. Section 81 (required period condition: further provision).

29. Section 85 (care home residents).

30. Section 86 (hospital in-patients).

31. Section 92 (power to make supplementary and consequential amendments).

32. Section 93 (transitional).

33. Section 94 (regulations).

34. Section 98 (claims and awards).

35. Section 99 (powers to require information relating to claims and awards).

36. Section 100 (payments to joint claimants).

37. Section 102(2) to (5) and section 102(1) in so far as it relates to those subsections.

38. Section 104 (electronic communications).

39. Paragraphs 1, 3, 4, 5 and 7 of Schedule 1 (universal credit: supplementary regulation-making powers) and section 30 (supplementary regulation-making powers) in so far as it relates to those paragraphs.

40. Paragraphs 5, 6, 36, 46 and 48 of Schedule 2 and paragraph 3 of that Schedule and section 31 in so far as they relate to those paragraphs.

41. Paragraphs 2 and 3 of Schedule 5 (universal credit and other working-age benefits) and section 35 (universal credit and working-age benefits) in so far as it relates to those paragraphs.

42. Paragraphs 1(1) and (2)(b), 3(1)(a) to (c), 4(1)(a), 5(1), (2)(c) and (d) and (3)(a) and 6 of Schedule 6 (migration to universal credit) and section 36 in so far as it relates to those paragraphs.

43. Paragraphs 9, 40 and 42 of Schedule 9, paragraphs 7 and 37 of Schedule 9 in so far as they relate to paragraphs 9, 40 and 42 and section 91 in so far as it relates to those paragraphs.

44. Schedule 10 (personal independence payment: transitional).

Article 7(1)

SCHEDULE 3 Postcodes for personal independence payment

BL
CA
CH except CH1, CH4, CH5, CH6, CH7 and CH8
CW
DH
DL except DL6, DL7, DL8, DL9, DL10 and DL11
FY
L
LA except LA2 7, LA2 8, LA6 2 and LA6 3
M
NE
PR
SR
TS except TS9
WA
WN

Article 8(c)

SCHEDULE 4 Commencement of Repeals

Short title and chapter	Extent of repeal
Social Security Contributions and Benefits Act 1992 (c. 4)	Sections 123 to 137. Section 175(6).
Social Security Administration Act 1992 (c. 5)	Section 6. In section 7— (a) in the heading, the words “community charge benefits and others”; (b) subsection (2), so far as not otherwise repealed; (c) subsection (3)(b) and the preceding “and”. Sections 110A to 110AA. In section 111— (a) in subsection (1)(ab), “or 110AA”; (b) in subsection (3), “or 110A”. In section 115A— (a) in subsection (1), “or an authority”, “71A, 75 or 76” and “or authority”; (b) in subsection (1A) (as inserted by section 113 of the 2012 Act), “or an authority” in both places and “71A, 75 or 76”; (c) in subsection (2), “or authority”, in both places; (d) in subsection (5), “or authority”, in both places; (e) subsections (7A) and (7B). In section 115B— (a) in subsection (1), “or an authority that administers housing benefit or council tax benefit”; (b) in subsection (3), “or authority”, in both places; (c) in subsection (4)(a) (as substituted by section 102 of the 2012 Act), “ or authority ” ; (d) in subsection (4A) (as so substituted), the words from “ (and, where ” to the end; (e) in subsection (6), “or authority”, in both places. In section 116— (a) in subsection (2)(a), “(other than proceedings to which paragraph (b) applies)” (as substituted by section 111 (a) of the 2012 Act); (b) subsection (2)(b) and the preceding “and”; (c) subsection (3)(b) and the preceding “and”; (d) subsections (4) and (5). Section 116A. Section 121DA(6). Sections 122C to 122E. Section 128A (and the preceding cross-heading). Sections 138 to 140G. Section 176(1)(a) and (b). Section 182A(3)(c). Section 182B(2). In section 189— (a) subsections (7) and (7A); (b) in subsection (8), “140B, 140C”. In section 191, the definitions of— (a) “billing authority”; (b) “council tax benefit scheme”. In Schedule 4, the paragraphs headed “Local authorities etc”.
Local Government Finance Act 1992 (c. 14)	In Schedule 9, paragraphs 1 to 13, 15 to 17, 19 to 24 and 25(a) and (c).
Jobseekers Act 1995 (c. 18)	Section 28.
Social Security Administration (Fraud) Act 1997 (c. 47)	Section 3. Section 4(1). Section 5. Sections 8 to 10. In Schedule 1, paragraphs 3 and 7.
Social Security Act 1998 (c. 14)	Section 34. Section 79(8).
Audit Commission Act 1998 (c. 18)	Sections 38 and 39. Section 50. In Schedule 1, paragraph 8(2)(b).
Scotland Act 1998 (c. 46)	In Part 2 of Schedule 5, in Section F1, under the heading “Illustrations”, “administration and funding of housing benefit and council tax benefit;”.
Local Government Act 1999 (c. 27)	Section 13A(4A). Section 29(2A).
Welfare Reform and Pensions Act 1999 (c. 30)	Sections 57 and 58.
Immigration and Asylum Act 1999 (c. 33)	Section 115(1)(e), (j) and (k).
Child Support, Pensions and Social Security Act 2000 (c. 19)	Section 68. In Schedule 6, paragraph 3. Schedule 7.
Social Security Fraud Act 2001 (c. 11)	Section 1(5). Section 2(2). Section 6. In section 6B— (a) in subsection (2)(b)(i), “or an authority which administers housing benefit or council tax benefit”; (b) subsections (6), (7), (9) and (10). In section 7— (a) subsections (3), (4), (4B) and (5); (b) in subsection (10), “8 or”. In section 9— (a) subsection (1)(a), (b), (bc), (c) and (d); (b) subsections (3), (4), (4B) and (5). Section 14.
Public Audit (Wales) Act 2004 (c. 23)	In Schedule 2, paragraph 15.
Pensions Act 2004 (c. 35)	In Schedule 10, paragraph 3.
Welfare Reform Act 2007 (c. 5)	Sections 30 to 34. Sections 37 to 39. Section 41(2)(a) to (d) and (3). Sections 46 and 47. Section 48(1) to (3). In Schedule 5, paragraphs 1, 3 to 9, 12 and 13.
Local Government and Public Involvement in Health Act 2007 (c. 50)	Section 147(2). Section 148(1)(b). Section 150.
Welfare Reform Act 2009 (c. 24)	Sections 35 and 36.
Welfare Reform Act 2012 (c. 5)	Section 130(7)(b) and (c).

Article 10(1)

SCHEDULE 5 Modifications

PART 1 Modification of the Council Tax Benefit Regulations 2006

1. The Council Tax Benefit Regulations 2006 are modified as follows.

2. In regulation 69 (time and manner in which claims are to be made) —

(a) in paragraph (1), for “paragraphs (4A) to (4AE)” substitute “ paragraph (4A) ” ;

(b) omit paragraph (3);

(i) omit sub-paragraphs (a), (c) and (f); and

(ii) in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;

(d) omit paragraphs (4AA) to (4AE);

(e) omit paragraph (4BA);

(f) in paragraph (4C)—

(i) for “paragraphs (4A) to (4AE)” substitute “ paragraph (4A) ” ; and

(ii) omit “or the Secretary of State”;

(g) in paragraphs (4E) and (4F) omit “or the Secretary of State”;

(h) in paragraph (5)—

(i) in sub-paragraph (b) omit “or appropriate DWP office”;

(ii) in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “ or county offices ” ;

(iii) in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;

(iv) in sub-paragraph (d)(ii), for “paragraphs (4A) to (4AE)” substitute “ paragraph (4A) ” ; and

(v) in sub-paragraph (e), for “authorised office, county offices or appropriate DWP office” substitute “ or county offices ” ;

(i) in paragraph (6) omit “or appropriate DWP office”;

(j) omit paragraph (7A);

(k) in paragraph (8), for “, (b) or (c)” substitute “ or (b) ” ;

(l) in paragraph (8A)—

(i) at the end of sub-paragraph (b) omit “or”; and

(ii) omit sub-paragraph (c); and

(m) omit paragraph (15).

3. In regulation 72 (evidence and information) —

(a) in paragraph (1)—

(i) for “paragraphs (1A) and (2)” substitute “ paragraph (2) ” ; and

(ii) omit “, or the Secretary of State requesting him,”; and

(b) omit paragraph (1A).

4. In regulation 73 (amendment and withdrawal of claim) —

(a) in paragraph (2), for “paragraphs (4A) to (4AE)” substitute “ paragraph (4A) ” ;

(b) omit paragraph (5); and

5. In regulation 74 (duty to notify changes of circumstances) —

(a) in paragraph (1), for “paragraphs (3), (5) and (7)” substitute “ paragraphs (3) and (5) ” ; and

(b) omit paragraph (7).

PART 2 Modification of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

1. The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are modified as follows.

2. In regulation 53 (time and manner in which claims are to be made) —

(a) in paragraph (1), for “paragraphs (4A) to (4BD)” substitute “ paragraph (4A) ” ;

(b) omit paragraph (3);

(i) omit sub-paragraphs (a), (c) and (f); and

(ii) in sub-paragraph (b) omit “where it has not been sent or delivered to the appropriate DWP office,”;

(d) omit paragraphs (4B) to (4BD);

(e) omit paragraph (4CA);

(f) in paragraph (4D)—

(i) for “paragraphs (4A) to (4BD)” substitute “ paragraph (4A) ” ; and

(ii) omit “or the Secretary of State”;

(g) omit paragraph (4EA);

(h) in paragraphs (4F) and (4G) omit “or the Secretary of State”;

(i) in paragraph (5)—

(i) in sub-paragraph (b) omit “or appropriate social security office”;

(ii) in sub-paragraph (d), for “, an authorised office, county offices or an appropriate DWP office” substitute “ or county offices ” ;

(iii) in sub-paragraph (d) in paragraphs (i) and (ii) omit “, an authorised office or an appropriate DWP office”;

(iv) in sub-paragraph (d)(ii), for “paragraphs (4A) to (4BD)” substitute “ paragraph (4A) ” ; and

(v) in sub-paragraph (e), for “or authorised office, county offices or appropriate DWP office” substitute “ or county offices ” ;

(j) in paragraph (6) omit “or appropriate DWP office”;

(k) omit paragraph (7A);

(l) in paragraph (8), for “, (b) or (c)” substitute “ or (b) ” ;

(m) in paragraph (8A)—