Statutory Instruments
2015 No. 1537 (C. 87)
Social Security
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
Made
20th July 2015
The Secretary of State 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. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015.
Interpretation cross-notes
2. —(1) In this Order—
“the Act” means the Welfare Reform Act 2012 ;
“the amending provisions” means the provisions referred to in article 4(1)(a) to (c) of the No. 9 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)( 2 );
“ the Claims and Payments Regulations 1987 ” means the Social Security (Claims and Payments) Regulations 1987 ( 3 );
“claimant”—
in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007( 4 );
in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995( 5 ) (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( 6 );
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 ;
“First-tier Tribunal” has the same meaning as in the Social Security Act 1998 ( 7 );
“gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order( 8 )—
as that Schedule has effect apart from the amendments made by article 4(5)(b) of the Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015( 9 ); and
as if that Schedule, as it has effect under sub-paragraph (a), were amended in accordance with paragraph (3) of this article.
“Index of Relevant Districts” means the Index of Relevant Districts issued by the Department for Work and Pensions on 20th July 2015( 10 );
“jobseeker’s allowance” means a jobseeker’s allowance under the Jobseekers Act 1995 ;
“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;
“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( 11 );
“the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 ( 12 );
“the No. 14 Order” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 ( 13 );
“the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 ( 14 );
“the No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 ( 15 );
“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( 16 );
“the No. 20 Order” means the Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014( 17 );
“the No. 21 Order” means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ( 18 );
“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 ( 19 );
“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 ( 20 );
“the UC commencement orders” means the No. 9 Order, the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order, the No. 19 Order, the No. 20 Order, the No. 21 Order, the No. 22 Order and the No. 23 Order;
“Upper Tribunal” has the same meaning as in the Social Security Act 1998 .
(2) In this Order, references to numbered “relevant districts” are to the postcode districts and part-districts specified in the first column of the table in the Index of Relevant Districts corresponding to the number relating to those relevant districts that is specified in the third column of that table.
(3) The amendments to Schedule 5 to the No. 9 Order referred to in sub-paragraph (b) of the definition of gateway conditions in paragraph (1) are—
(a) after paragraph 1(a) (personal characteristics)( 21 ) insert—
“ (b) a single person (where that expression has the meaning given by section 40 of the Act); ” ;
(b) for paragraph 4 (income and capital)( 22 ) substitute—
“ 4. —(1) The claimant must declare that, during the period of one month starting with the date on which the claim for universal credit is made, the claimant’s earned income is expected not to exceed £338.
(2) The claimant’s capital must not exceed £6,000.
(3) For the purposes of this paragraph, “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations. ” ;
(c) in paragraph 7(e) (other requirements) omit “or, in the case of joint claimants, either member of the couple must have such an account”( 23 ); and
(d) in paragraph 8 (declarations)—
(i) in sub-paragraph (1) omit “, 4(2)”;
(ii) omit sub-paragraph (2).
(4) 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( 24 ) apply for the purposes of deciding—
(a) whether a claim for universal credit is made; and
(b) the date on which such a claim is made.
(5) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (6) and (7), 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.
(6) Subject to paragraph (7), for the purposes of this Order—
(a) a person makes a claim for an employment and support allowance or a jobseeker’s allowance if he or she 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.
(7) Where, by virtue of—
(a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987( 25 ), 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( 26 ), 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 (7)(a) is taken, the claim is treated as made on that earlier date.
Day appointed for the coming into force of the universal credit provisions cross-notes
3. —(1) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2 to the No. 9 Order, in so far as they are not already in force, in relation to a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).
(2) The claims referred to are—
(a) a claim for universal credit that is made on or after 21st September 2015 in respect of a period that begins on or after 21st September 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 53 relevant districts and meets the gateway conditions;
(b) a claim for universal credit that is made on or after 28th September 2015 in respect of a period that begins on or after 28th September 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 54 relevant districts and meets the gateway conditions;
(c) a claim for universal credit that is made on or after 5th October 2015 in respect of a period that begins on or after 5th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 55 relevant districts and meets the gateway conditions;
(d) a claim for universal credit that is made on or after 12th October 2015 in respect of a period that begins on or after 12th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 56 relevant districts and meets the gateway conditions;
(e) a claim for universal credit that is made on or after 19th October 2015 in respect of a period that begins on or after 19th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 57 relevant districts and meets the gateway conditions;
(f) a claim for universal credit that is made on or after 26th October 2015 in respect of a period that begins on or after 26th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 58 relevant districts and meets the gateway conditions;
(g) a claim for universal credit that is made on or after 2nd November 2015 in respect of a period that begins on or after 2nd November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 59 relevant districts and meets the gateway conditions;
(h) a claim for universal credit that is made on or after 9th November 2015 in respect of a period that begins on or after 9th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 60 relevant districts and meets the gateway conditions;
(i) a claim for universal credit that is made on or after 16th November 2015 in respect of a period that begins on or after 16th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 61 relevant districts and meets the gateway conditions;
(j) a claim for universal credit that is made on or after 23rd November 2015 in respect of a period that begins on or after 23rd November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 62 relevant districts and meets the gateway conditions;
(k) a claim for universal credit that is made on or after 30th November 2015 in respect of a period that begins on or after 30th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 63 relevant districts and meets the gateway conditions;
(l) a claim for universal credit that is made on or after 7th December 2015 in respect of a period that begins on or after 7th December 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 64 relevant districts and meets the gateway conditions;
(m) a claim for universal credit that is made on or after 14th December 2015 in respect of a period that begins on or after 14th December 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 65 relevant districts and meets the gateway conditions;
(n) a claim for universal credit that is made on or after 11th January 2016 in respect of a period that begins on or after 11th January 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 66 relevant districts and meets the gateway conditions;
(o) a claim for universal credit that is made on or after 18th January 2016 in respect of a period that begins on or after 18th January 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 67 relevant districts and meets the gateway conditions;
(p) a claim for universal credit that is made on or after 25th January 2016 in respect of a period that begins on or after 25th January 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 68 relevant districts and meets the gateway conditions;
(q) a claim for universal credit that is made on or after 1st February 2016 in respect of a period that begins on or after 1st February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 69 relevant districts and meets the gateway conditions;
(r) a claim for universal credit that is made on or after 8th February 2016 in respect of a period that begins on or after 8th February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 70 relevant districts and meets the gateway conditions;
(s) a claim for universal credit that is made on or after 15th February 2016 in respect of a period that begins on or after 15th February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 71 relevant districts and meets the gateway conditions;
(t) a claim for universal credit that is made on or after 22nd February 2016 in respect of a period that begins on or after 22nd February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 72 relevant districts and meets the gateway conditions;
(u) a claim for universal credit that is made on or after 29th February 2016 in respect of a period that begins on or after 29th February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 73 relevant districts and meets the gateway conditions;
(v) a claim for universal credit that is made on or after 7th March 2016 in respect of a period that begins on or after 7th March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 74 relevant districts and meets the gateway conditions;
(w) a claim for universal credit that is made on or after 14th March 2016 in respect of a period that begins on or after 14th March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 75 relevant districts and meets the gateway conditions;
(x) a claim for universal credit that is made on or after 21st March 2016 in respect of a period that begins on or after 21st March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 76 relevant districts and meets the gateway conditions;
(y) a claim for universal credit that is made on or after 28th March 2016 in respect of a period that begins on or after 28th March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 77 relevant districts and meets the gateway conditions;
(z) a claim for universal credit that is made on or after 11th April 2016 in respect of a period that begins on or after 11th April 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 78 relevant districts and meets the gateway conditions;
(aa) a claim for universal credit that is made on or after 18th April 2016 in respect of a period that begins on or after 18th April 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 79 relevant districts and meets the gateway conditions;
(bb) a claim for universal credit that is made on or after 25th April 2016 in respect of a period that begins on or after 25th April 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 80 relevant districts and meets the gateway conditions;
(cc) a claim for universal credit that is made on or after 25th April 2016 in respect of a period that begins on or after 25th April 2016 where, on the date on which the claim is made, the claimant resides in a postcode district or part-district in England and Wales or Scotland that is not referred to by one of the UC commencement orders or in sub-paragraphs (a) to (bb) and meets the gateway conditions;
(dd) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (cc), in respect of a period that begins on or after that date where—
(i) the claimant gives incorrect information regarding the claimant residing in a postcode district or part-district as referred to in the sub-paragraph in question or meeting the gateway conditions and the claimant does not reside in such a district or part-district or does not meet the gateway conditions on the date on which the claim is made; and
(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information has been given regarding residence or meeting the gateway conditions.
(3) The day appointed in relation to a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.
(4) Article 3(6) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 3(4)(a) of the No. 9 Order.
(5) Article 3A of the No. 9 Order( 27 ) applies in connection with a claim for universal credit where a claimant gives incorrect information regarding his or her residing in one of the numbered relevant districts referred to in paragraph (2)(a) to (bb) or in a postcode district or part-district to which paragraph (2)(cc) applies or meeting the gateway conditions, as it applies in connection with the giving of incorrect information regarding a claimant residing in a relevant district (as defined in the No. 9 Order) or meeting the gateway conditions (as defined in the No. 9 Order)( 28 ).
Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance cross-notes
4. —(1) The day appointed for the coming into force of the amending provisions, in relation to a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).
(2) The claims referred to are—
(a) a claim for universal credit that is made on or after 21st September 2015 in respect of a period that begins on or after 21st September 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 53 relevant districts and meets the gateway conditions;
(b) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 21st September 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 53 relevant districts and meets the gateway conditions;
(c) a claim for universal credit that is made on or after 28th September 2015 in respect of a period that begins on or after 28th September 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 54 relevant districts and meets the gateway conditions;
(d) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 28th September 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 54 relevant districts and meets the gateway conditions;
(e) a claim for universal credit that is made on or after 5th October 2015 in respect of a period that begins on or after 5th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 55 relevant districts and meets the gateway conditions;
(f) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 5th October 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 55 relevant districts and meets the gateway conditions;
(g) a claim for universal credit that is made on or after 12th October 2015 in respect of a period that begins on or after 12th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 56 relevant districts and meets the gateway conditions;
(h) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 12th October 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 56 relevant districts and meets the gateway conditions;
(i) a claim for universal credit that is made on or after 19th October 2015 in respect of a period that begins on or after 19th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 57 relevant districts and meets the gateway conditions;
(j) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 19th October 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 57 relevant districts and meets the gateway conditions;
(k) a claim for universal credit that is made on or after 26th October 2015 in respect of a period that begins on or after 26th October 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 58 relevant districts and meets the gateway conditions;
(l) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 26th October 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 58 relevant districts and meets the gateway conditions;
(m) a claim for universal credit that is made on or after 2nd November 2015 in respect of a period that begins on or after 2nd November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 59 relevant districts and meets the gateway conditions;
(n) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 2nd November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 59 relevant districts and meets the gateway conditions;
(o) a claim for universal credit that is made on or after 9th November 2015 in respect of a period that begins on or after 9th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 60 relevant districts and meets the gateway conditions;
(p) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 9th November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 60 relevant districts and meets the gateway conditions;
(q) a claim for universal credit that is made on or after 16th November 2015 in respect of a period that begins on or after 16th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 61 relevant districts and meets the gateway conditions;
(r) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 16th November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 61 relevant districts and meets the gateway conditions;
(s) a claim for universal credit that is made on or after 23rd November 2015 in respect of a period that begins on or after 23rd November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 62 relevant districts and meets the gateway conditions;
(t) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 23rd November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 62 relevant districts and meets the gateway conditions;
(u) a claim for universal credit that is made on or after 30th November 2015 in respect of a period that begins on or after 30th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 63 relevant districts and meets the gateway conditions;
(v) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 30th November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 63 relevant districts and meets the gateway conditions;
(w) a claim for universal credit that is made on or after 7th December 2015 in respect of a period that begins on or after 7th December 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 64 relevant districts and meets the gateway conditions;
(x) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 7th December 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 64 relevant districts and meets the gateway conditions;
(y) a claim for universal credit that is made on or after 14th December 2015 in respect of a period that begins on or after 14th December 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 65 relevant districts and meets the gateway conditions;
(z) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 14th December 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 65 relevant districts and meets the gateway conditions;
(aa) a claim for universal credit that is made on or after 11th January 2016 in respect of a period that begins on or after 11th January 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 66 relevant districts and meets the gateway conditions;
(bb) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 11th January 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 66 relevant districts and meets the gateway conditions;
(cc) a claim for universal credit that is made on or after 18th January 2016 in respect of a period that begins on or after 18th January 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 67 relevant districts and meets the gateway conditions;
(dd) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 18th January 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 67 relevant districts and meets the gateway conditions;
(ee) a claim for universal credit that is made on or after 25th January 2016 in respect of a period that begins on or after 25th January 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 68 relevant districts and meets the gateway conditions;
(ff) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 25th January 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 68 relevant districts and meets the gateway conditions;
(gg) a claim for universal credit that is made on or after 1st February 2016 in respect of a period that begins on or after 1st February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 69 relevant districts and meets the gateway conditions;
(hh) 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 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 69 relevant districts and meets the gateway conditions;
(ii) a claim for universal credit that is made on or after 8th February 2016 in respect of a period that begins on or after 8th February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 70 relevant districts and meets the gateway conditions;
(jj) 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 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 70 relevant districts and meets the gateway conditions;
(kk) a claim for universal credit that is made on or after 15th February 2016 in respect of a period that begins on or after 15th February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 71 relevant districts and meets the gateway conditions;
(ll) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 15th February 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 71 relevant districts and meets the gateway conditions;
(mm) a claim for universal credit that is made on or after 22nd February 2016 in respect of a period that begins on or after 22nd February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 72 relevant districts and meets the gateway conditions;
(nn) 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 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 72 relevant districts and meets the gateway conditions;
(oo) a claim for universal credit that is made on or after 29th February 2016 in respect of a period that begins on or after 29th February 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 73 relevant districts and meets the gateway conditions;
(pp) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 29th February 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 73 relevant districts and meets the gateway conditions;
(qq) a claim for universal credit that is made on or after 7th March 2016 in respect of a period that begins on or after 7th March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 74 relevant districts and meets the gateway conditions;
(rr) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 7th March 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 74 relevant districts and meets the gateway conditions;
(ss) a claim for universal credit that is made on or after 14th March 2016 in respect of a period that begins on or after 14th March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 75 relevant districts and meets the gateway conditions;
(tt) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 14th March 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 75 relevant districts and meets the gateway conditions;
(uu) a claim for universal credit that is made on or after 21st March 2016 in respect of a period that begins on or after 21st March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 76 relevant districts and meets the gateway conditions;
(vv) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 21st March 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 76 relevant districts and meets the gateway conditions;
(ww) a claim for universal credit that is made on or after 28th March 2016 in respect of a period that begins on or after 28th March 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 77 relevant districts and meets the gateway conditions;
(xx) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 28th March 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 77 relevant districts and meets the gateway conditions;
(yy) a claim for universal credit that is made on or after 11th April 2016 in respect of a period that begins on or after 11th April 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 78 relevant districts and meets the gateway conditions;
(zz) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 11th April 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 78 relevant districts and meets the gateway conditions;
(aaa) a claim for universal credit that is made on or after 18th April 2016 in respect of a period that begins on or after 18th April 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 79 relevant districts and meets the gateway conditions;
(bbb) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 18th April 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 79 relevant districts and meets the gateway conditions;
(ccc) a claim for universal credit that is made on or after 25th April 2016 in respect of a period that begins on or after 25th April 2016 where, on the date on which the claim is made, the claimant resides in one of the No. 80 relevant districts and meets the gateway conditions;
(ddd) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 25th April 2016 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 80 relevant districts and meets the gateway conditions;
(eee) a claim for universal credit that is made on or after 25th April 2016 in respect of a period that begins on or after 25th April 2016 where, on the date on which the claim is made, the claimant resides in a postcode district or part-district in England and Wales or Scotland that is not referred to by one of the UC commencement orders or in sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm), (oo), (qq), (ss), (uu), (ww), (yy), (aaa) or (ccc) and meets the gateway conditions;
(fff) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 25th April 2016 where, on the date on which the claim is made or treated as made, the claimant resides in a postcode district or part-district in England and Wales or Scotland that is not referred to by one of the UC commencement orders or in sub-paragraphs (b), (d), (f), (h), (j), (l), (n), (p), (r), (t), (v), (x), (z), (bb), (dd), (ff), (hh), (jj), (ll), (nn), (pp), (rr), (tt), (vv), (xx), (zz), (bbb) or (ddd) and meets the gateway conditions;
(ggg) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm), (oo), (qq), (ss), (uu), (ww), (yy), (aaa), (ccc) or (eee) or, in respect of a period that begins on or after that date, where—
(i) the claimant gives incorrect information regarding the claimant residing in a postcode district or part-district as referred to in the sub-paragraph in question or meeting the gateway conditions and the claimant does not reside in such a district or part-district or does not meet the gateway conditions on the date on which the claim is made; and
(ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information has been given regarding residence or meeting the gateway conditions;
(hhh) a claim for an employment and support allowance or a jobseeker’s allowance other than one referred to in sub-paragraphs (b), (d), (f), (h), (j), (l), (n), (p), (r), (t), (v), (x), (z), (bb), (dd), (ff), (hh), (jj), (ll), (nn), (pp), (rr), (tt), (vv), (xx), (zz), (bbb), (ddd) or (fff) that is made or treated as made during the relevant period by a claimant of universal credit who has made a claim for universal credit within this paragraph.
(3) The day appointed in relation to a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.
(4) For the purposes of paragraph (2)(hhh), the “relevant period” means, in relation to a claim for universal credit within paragraph (2), any UC claim period and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.
(5) For the purposes of paragraph (4), a “UC claim period” is a period when—
(a) a claim for universal credit within one of the sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm), (oo), (qq), (ss), (uu), (ww), (yy), (aaa), (ccc), (eee) or (ggg)(i) of paragraph (2) has been made but a decision has not yet been made on the claim; or
(b) a decision has been made that the claimant is not entitled to universal credit and—
(i) the Secretary of State is considering whether to revise that decision under section 9 of the Social Security Act 1998, whether on an application made for that purpose or on the Secretary of State’s own initiative; or
(ii) the claimant has appealed against that decision to the First-tier Tribunal and that appeal or any subsequent appeal to the Upper Tribunal or to a court has not been finally determined.
(6) Paragraphs (6), (7), (9) and (10) of article 4 of the No. 9 Order( 29 ) apply in relation to a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply to a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order (and any award that is made in respect of the claim).
(7) Article 5(1)(a) of the No. 9 Order( 30 ) applies for the purposes of the sub-paragraphs (relating to a claim for an employment and support allowance or a jobseeker’s allowance) referred to in sub-paragraph (hhh) as it applies for the purposes of article 4(2)(a) of the No. 9 Order.
(8) Article 5(8) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 4(3)(a) of the No. 9 Order.
Amendment of the No. 9 Order and cases to which the amendment applies
5. —(1) This article applies in relation to a case where a claim for universal credit, an employment and support allowance or a jobseeker’s allowance is made or treated as made on or after 21st July 2015.
(2) Where this article applies—
(a) in paragraph 7(e) (other requirements)( 31 ) of Schedule 5 to the No. 9 Order, at the end insert “or, in the case of joint claimants( 32 ), either member of the couple must have such an account”; and
(b) any reference to Schedule 5 to the No. 9 Order 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 is a reference to that Schedule as amended by sub-paragraph (a).
Application of the No. 9 Order
6. Articles 9 to 22 of the No. 9 Order( 33 ) apply in connection with the coming into force of the amending provisions in relation to a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in sub-paragraphs (a), (b) and (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.
Modification of the Universal Credit (Digital Service) Amendment Regulations 2014
F1 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation of modification of the Universal Credit (Digital Service) Amendment Regulations 2014
8. With effect from 21st September 2015, article 6 of the No. 22 Order is revoked.
Modification of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015
F2 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed by authority of the Secretary of State for Work and Pensions
Freud
Minister of State,
Department for Work and Pensions
S.I. 2013/983 (C. 41) ; article 4 was substituted by S.I. 2014/1452 (C. 56) .
S.I. 1987/1968 .
See section 40 of the Welfare Reform Act 2012.
Schedule 5 was inserted by S.I. 2014/1452 (C. 56) ; relevant amending instruments are S.I. 2014/1661 (C. 69) and 1923 (C. 88) , S.I. 2015/32 (C. 3) and article 5 of this Order.
See the Explanatory Note for details of the availability of the Index of Relevant Districts.
S.I. 2015/634 (C. 32) amended by S.I. 2015/740 (C. 39) .
S.I. 2014/1923 (C. 88) revoked sub-paragraph 1(b); article 2(4)(a) reinserts the revoked provision for the purposes of this Order.
Amended by S.I. 2014/1923 (C. 88) .
These words are inserted by article 5 of this Order.
Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490 .
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 , S.I. 2000/1982 and S.I. 2009/1490 .
Article 3A was substituted by S.I. 2014/1923 (C. 88) .
See the definition of “relevant districts” and “gateway conditions” in article 2(1) of the No. 9 Order; the definition of “gateway conditions”, and Schedule 5 to the No. 9 Order, referred to in that definition, were inserted by S.I. 2014/1452 (C. 56) ; Schedule 5 was amended by S.I. 2014/1661 (C. 69) and 1923 (C. 88) , S.I. 2015/32 (C. 3) and article 5 of this Order.
Article 4 was substituted by S.I. 2014/1452 (C. 56) and was amended by S.I. 2014/1923 (C. 88) ; paragraphs (9) and (10), as renumbered by article 7 of S.I. 2015/101 (C. 6) , were added by S.I. 2015/32 (C. 3) .
Article 5(1) was substituted by S.I. 2014/1923 (C. 88) .
Paragraph 7(e) was substituted by S.I. 2015/32 (C. 3) .
See section 40 of the Welfare Reform Act 2012.
Articles 10 to 13 of, and Schedule 4 to, the No. 9 Order (Schedule 4 takes effect under article 9) were amended by S.I. 2013/1511 (C. 60) ; article 11 of the No. 9 Order was amended by S.I. 2013/2657 (C. 107) ; articles 9, 11, 13, 15, 18 and 22 of the No. 9 Order were amended by S.I. 2014/1452 (C. 56) ; articles 10, 11, 12 and 13 were amended by S.I. 2014/3067 (C. 129) .
S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102) .