Statutory Instruments
2014 No. 3067 (C. 129)
Social Security
The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014
Made
17th November 2014
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 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. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014.
Interpretation
2. —(1) In this Order—
“the Act” means the Welfare Reform Act 2012;
“claimant”—
in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007( 2 );
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 Act that remove references to an income-based jobseeker’s allowance);
in relation to universal credit, has the same meaning as in Part 1 of the Act( 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;
“joint claimants”, in relation to universal credit, has the same meaning as in Part 1 of the Act;
“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( 5 );
“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( 6 );
“the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013( 7 );
“the No. 14 Order” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013( 8 );
“the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014( 9 );
“the No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014( 10 );
“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( 11 );
“prescribed districts” means the relevant districts and the areas each of which is described by a number preceding the expression “relevant districts” as specified in article 2(1) of the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order and the No. 19 Order;
“relevant districts” has the same meaning as in the No. 9 Order;
“single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act.
(2) For the purposes of this Order—
(a) the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013( 12 ) apply for the purpose of deciding—
(i) whether a claim for universal credit is made; and
(ii) the date on which such a claim is made; and
(b) the Social Security (Claims and Payments) Regulations 1987( 13 ) apply for the purpose of deciding—
(i) whether a claim for an employment and support allowance or a jobseeker’s allowance is made; and
(ii) the date on which such a claim is made or is to be treated as made.
Amendment of the No. 9, No. 11, No. 13, No. 14, No. 16, No. 17 and No. 19 Orders: cases to which the amendments apply
3. Articles 4 to 6 apply where—
(a) a claim is made for universal credit, an employment and support allowance or a jobseeker’s allowance and, on the date on which the claim is made or treated as made, the claimant resides in one of the prescribed districts; or
(b) a claim for universal credit is made where—
(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a prescribed district and does not reside in such a district on the date on which the claim is made; or
(ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district and one or both of them does not or do not reside in such a district on the date on which the claim is made,
and where the claim is made or treated as made on or after 24th November 2014.
Amendment of the No. 11 Order: the gateway conditions
4. Where this article applies, article 2 (interpretation) of the No. 11 Order is amended as follows—
(a) in paragraph (1)( 14 )—
(i) for the definition of “gateway conditions” substitute —
“ “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order ( 15 ) save that where, for the purposes of article 3(2) or 4(2)(a) or (b) ( 16 ) , the claimant resides in one of the specified districts on the date on which the claim is made, it means those conditions as if the No. 9 Order were amended as referred to in paragraph (3); ” ; and
(ii) after the definition of “single claimant” insert—
“ “specified districts” means the following postcode districts and part-districts—
WA1 and WA2;
WA3 4 to WA3 7;
WA4 and WA5;
WA13 0;
WA13 9; ” ; and
(b) after paragraph (2) insert—
“ (3) The amendments of the No. 9 Order referred to are—
(a) in article 2(1)—
(i) after the definition of “the Decisions and Appeals Regulations 2013” insert—
“ “disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992 ( 17 ) ; ” ; and
(ii) after the definition of “old style JSA award” insert—
“ “personal independence payment” means an allowance under Part 4 of the Act; ” ; and
(b) in paragraph 6 of Schedule 5 (caring responsibilities)—
(i) for sub-paragraph (1) substitute—
“ (1) There must not be a child or young person living with the claimant some or all of the time if the child or young person—
(a) has been certified as severely sight impaired or blind by a consultant ophthalmologist;
(b) is looked after by a local authority, within the meaning of section 22 of the Children Act 1989 ( 18 ) or section 17(6) of the Children (Scotland) Act 1995 ( 19 ) , save where the child or young person is so looked after during any period referred to in regulation 4A(1)(a) of the Universal Credit Regulations ( 20 ) ; or
(c) is entitled to a disability living allowance or personal independence payment. ” ;
(ii) for sub-paragraph (2)(a) substitute—
“ (a) be an adopter (within the meaning of the Universal Credit Regulations ( 21 ) ) with whom a child has been placed within the period of 12 months ending immediately before the date on which the claim for universal credit is made or with whom a child is expected to be placed during the period of two months beginning with that date; or ” ;
(iii) omit sub-paragraph (2)(c) and (d); and
(iv) in sub-paragraph (3), at the end insert—
“ ;
(c) “young person” means a person—
(i) who is not a child but who is under the age of 20; and
(ii) for whom the claimant would be responsible for the purposes of regulation 4 of the Universal Credit Regulations, if the person were a qualifying young person within the meaning of regulation 5 of those Regulations. ” . ” .
Amendment of the No. 17 Order: the gateway conditions
5. Where this article applies, article 2 (interpretation) of the No. 17 Order is amended as follows—
(a) in paragraph (1)( 22 )—
(i) for the definition of “gateway conditions” substitute —
“ “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order save that where, for the purposes of article 3(2)(e), (f), (k) or (l) or 4(2)(e), (f), (k) or (l) ( 23 ) , the claimant resides in one of the No. 10 relevant districts, or in postcode part-district CH62 9, on the date on which the claim is made, it means those conditions as if the No. 9 Order were amended as referred to in paragraph (3); ” ; and
(b) after paragraph (2) insert—
“ (3) The amendments of the No. 9 Order referred to are—
(a) in article 2(1)—
(i) after the definition of “the Decisions and Appeals Regulations 2013” insert—
“ “disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992; ” ; and
(ii) after the definition of “old style JSA award” insert—
“ “personal independence payment” means an allowance under Part 4 of the Act; ” ; and
(b) in paragraph 6 of Schedule 5 (caring responsibilities)—
(i) for sub-paragraph (1) substitute—
“ (1) There must not be a child or young person living with the claimant some or all of the time if the child or young person—
(a) has been certified as severely sight impaired or blind by a consultant ophthalmologist;
(b) is looked after by a local authority, within the meaning of section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995, save where the child or young person is so looked after during any period referred to in regulation 4A(1)(a) of the Universal Credit Regulations; or
(c) is entitled to a disability living allowance or personal independence payment. ” ;
(ii) for sub-paragraph (2)(a) substitute—
“ (a) be an adopter (within the meaning of the Universal Credit Regulations) with whom a child has been placed within the period of 12 months ending immediately before the date on which the claim for universal credit is made or with whom a child is expected to be placed during the period of two months beginning with that date; or ” ;
(iii) omit sub-paragraph (2)(c) and (d); and
(iv) in sub-paragraph (3), at the end insert—
“ ;
(c) “young person” means a person—
(i) who is not a child but who is under the age of 20; and
(ii) for whom the claimant would be responsible for the purposes of regulation 4 of the Universal Credit Regulations, if the person were a qualifying young person within the meaning of regulation 5 of those Regulations. ” . ” .
Meaning of “claimant”: amendment of the No. 9, No. 11, No. 13, No. 14, No. 16, No. 17 and No. 19 Orders
6. —(1) Where this article applies, the No. 9 Order, the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order and the No. 19 Order are amended as follows.
(2) In the No. 9 Order—
(a) in article 2(1) (interpretation)( 24 ), for the definition of claimant substitute—
“ “claimant”—
in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007, save as mentioned in article 5(1A);
in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995 (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance), save as mentioned in article 5(1A);
in relation to universal credit, has the same meaning as in Part 1 of the Act ( 25 ) ; ” ; and
(b) for article 5(1)( 26 ) substitute—
“ 5. In determining, for the purposes of article 4(2)(a), whether a claim for an employment and support allowance or a jobseeker’s allowance meets the gateway conditions, Schedule 5 is to be read as though—
(a) any reference in that Schedule to making a claim for universal credit included a reference to making a claim for an employment and support allowance or a jobseeker’s allowance as the case may be; and
(b) the reference in paragraph 4 to a single claimant, or to joint claimants, of universal credit was a reference to a person who would be a single claimant of universal credit or to persons who would be joint claimants of universal credit, if the claimant of an employment and support allowance or a jobseeker’s allowance had made a claim for universal credit.
(1A) For the purposes of article 4(2)(a), where a claim for an employment and support allowance or a jobseeker’s allowance is made by a couple or a member of a couple, any reference in article 4(2)(a) or Schedule 5 (save in paragraph 4 of that Schedule) to “the claimant” is a reference to each member of the couple.
(1B) For the purposes of paragraph (1A), “couple” has the same meaning as it has in section 39 of the Act. ” .
(3) In article 2(1) of the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order and the No. 19 Order (interpretation)( 27 ), for the definition of “claimant” substitute—
“ “claimant”—
in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007, save as mentioned in article 5(1A) of the No. 9 Order as applied by article 4(7);
in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995 (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance), save as mentioned in article 5(1A) of the No. 9 Order as applied by article 4(7);
in relation to universal credit, has the same meaning as in Part 1 of the Act; ” .
(4) In the No. 11, No. 13, No. 14 and No. 16 Orders, for paragraph (7) of article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)( 28 ) substitute—
“ (7) Paragraphs (1) to (1B) of article 5 of the No. 9 Order ( 29 ) apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the No. 9 Order. ” .
(5) In the No. 17 Order, for paragraph (7) of article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance) substitute—
“ (7) Paragraphs (1) to (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a), (c), (e), (g), (i) and (k) as they apply for the purposes of article 4(2)(a) of the No. 9 Order. ” .
(6) In the No. 19 Order, for paragraph (7) of article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance) substitute—
“ (7) Paragraphs (1) to (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) to (n) as they apply for the purposes of article 4(2)(a) of the No. 9 Order. ” .
Amendment of the No. 9 Order: transitional provisions on waiting periods
7. With effect from 24th November 2014—
(a) in articles 10(2)(gb), 11(2)(gb), 12(3)(b) and 13(3)(b)(i) of the No. 9 Order (transition from old style ESA to new style ESA and vice versa; transition from old style JSA to new style JSA and vice versa)( 30 ), for “the second or third day of that period” substitute “a day between the second and the seventh day of that period (including the second and the seventh day)”; and
(b) any reference in the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order or the No. 19 Order to article 10, 11, 12 or 13 of the No. 9 Order is a reference to that article as amended by paragraph (a).
Signed by authority of the Secretary of State for Work and Pensions
Esther McVey
Minister of State,
Department for Work and Pensions
17th November 2014
2012 c.5 .
2007 c.5 .
See section 40 of the Welfare Reform Act 2012.
Article 2(1) was amended by S.I. 2014/1452 (C.56) , 1661 (C.69) and 1923 (C.88) .
Schedule 5 was inserted by S.I. 2014/1452 (C.56) and amended by S.I. 2014/1923 (C.88) .
Article 3 was amended by S.I. 2014/1452 (C.56) , 2014/1661 (C.69) and 2014/1923 (C.88) ; article 4 was substituted by S.I. 2014/1452 (C.56) and amended by S.I. 2014/1661 (C.69) and 2014/1923 (C.88) .
1992 c 4 . Section 71 was amended by the Welfare Reform and Pensions Act 1999 (c.30) , section 67(1).
1989 c. 41 . Section 22 was amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c.22) , section 2 of the Children (Leaving Care) Act 2000 (c.35) , section 116(2) of the Adoption and Children Act 2002 (c.38) , section 52 of the Children Act 2004 (c.31) , section 39 of, and paragraphs 1 and 6 of Schedule 3 to, the Children and Young Persons Act 2008 (c.23) and section 99 of the Children and Families Act 2014 (c.6) .
1995 c. 36 . Section 17(6) was amended by paragraph 9(4) of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4) and by paragraph 2(4) of Schedule 5 to the Children’s Hearings (Scotland) Act 2011 (asp 1) and by S.S.I. 2013/211 .
Regulation 4A was inserted by S.I. 2013/1508 .
See regulation 2, as amended by S.I. 2013/803 , and regulation 89.
Article 2(1) was amended by S.I. 2014/1923 (C.88) .
Articles 3 and 4 were amended by S.I. 2014/1923 (C.88) .
The definition of “claimant” in article 2(1) was inserted by S.I. 2014/1452 (C.56) . There have been other amendments of article 2(1) that are not relevant to this provision.
See section 40 of the Welfare Reform Act 2012.
Article 5(1) was substituted by S.I. 2014/1923 (C.88) .
The definition of “claimant” in article 2(1) of the No. 11, No. 13, No. 14 and No. 16 Orders was inserted by S.I. 2014/1452 (C.56) ; the definition of “claimant” in the No. 17 Order was inserted by S.I. 2014/1661 (C.69) . There have been other amendments of article 2(1) of each of these Orders that are not relevant to this provision.
Article 4 was substituted in each of these Orders by S.I. 2014/1452 (C.56) and (in the No. 13, 14 and 16 Orders) was amended by S.I. 2014/1661 (C.69) and 2014/1923 (C.88) .
Article 5 was substituted by S.I. 2014/1452 (C.56) and amended by S.I. 2014/1923 (C.88) ; paragraphs (1) to (1B) of article 5 are inserted by article 6(2) of this Order.
Articles 10(2)(gb) and 11(2)(gb) were inserted, and articles 12 and 13 were substituted, by S.I. 2013/1511 (C.60) .
S.I. 2013/983 was amended by S.I. 2013/1511 .
S.I. 2012/1246 was amended by S.I. 2012/1440 and 2530 .