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 2015.

Interpretation

2. —(1) In this Order—

“the Act” means the Welfare Reform Act 2012;

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987( 2 );

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007( 3 );

“jobseeker’s allowance” means a jobseeker’s allowance under the Jobseekers Act 1995( 4 );

“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 ).

(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( 12 ) apply for the purpose of deciding—

(a) whether a claim for universal credit is made; and

(b) the date on which such a 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 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 the Claims and Payments Regulations 1987 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( 13 ), 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( 14 ), 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.

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. —(1) Articles 4, 6(1) and (2), 7, 8(1) and 9 apply in relation to a case where—

(a) a claim for universal credit is made or treated as made;

(b) an award of universal credit is made without a claim; or

(c) a claim for an employment and support allowance or a jobseeker’s allowance is made,

and the claim for universal credit, an employment and support allowance or a jobseeker’s allowance is made or treated as made, or, as the case may be, the award of universal credit is made without a claim, on or after 26th January 2015.

(2) Articles 6(3) and 8(2) apply 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 2nd March 2015.

(3) Articles 5 and 6(4) apply 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 6th April 2015.

Amendment of the No. 9 Order

4. —(1) Where this article applies, the No. 9 Order is amended as follows.

(2) In article 2(1)( 15 ) (interpretation)—

(a) after the definition of “the Digital Service Regulations 2014” insert—

“ “disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992 ( 16 ) ; ” ; and

(b) after the definition of “old style JSA” insert—

“ “personal independence payment” means an allowance under Part 4 of the Act; ” .

(3) In article 4( 17 ) (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance), at the end add—

“ (9) For the purposes of paragraph (1), the reference to the case of a claim for universal credit referred to in paragraph (2)(a) to (d) (and any award made in respect of the claim), or of an award of universal credit without a claim referred to in paragraph (2)(e) and (f), includes a reference to an old style ESA award or an old style JSA award that exists (or, as a result of an act as referred to in paragraph (10) , is later found to have existed at that time) immediately before the day appointed (as referred to in paragraph (3) or (4)) in relation to that claim or award without a claim.

(10) For the purposes of paragraph (9) , the acts referred to are—

(a) the revision of a decision that the claimant was not entitled to old style ESA or old style JSA; or

(b) an appeal to the First-tier Tribunal, the Upper Tribunal or a court against such a decision. ” .

(4) For article 5(5) to (7)( 18 ) (provisions that apply in connection with the abolition of income-related employment and support allowance and income-based jobseeker’s allowance under article 4) substitute—

“ (5) For the purposes of article 4(2)(a) and (g), 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),—

(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 the Claims and Payments Regulations 1987 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, 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, 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 (6)(a) is taken, the claim is treated as made on that earlier date. ” .

(5) In Schedule 5 (gateway conditions)—

(a) in paragraph 3(1) (existing benefits)—

(i) in paragraph (e) omit “under section 71 of the Social Security Contributions and Benefits Act 1992”; and

(ii) in paragraph (f) omit “under Part 4 of the Act”; and

(b) in paragraph 6( 19 ) (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 ( 20 ) or section 17(6) of the Children (Scotland) Act 1995 ( 21 ) , 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 ( 22 ) ; 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 ( 23 ) ) with whom a child has been placed during 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 ” ; and

(iii) in sub-paragraph (3), at the end add—

“ ;

(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 paragraphs 4 and 7 of Schedule 5 to the No. 9 Order

5. Where this article applies, Schedule 5 to the No. 9 Order is amended as follows—

(a) in paragraph 4( 24 ) (income and capital)—

(i) in sub-paragraph (1) and (2)(a) for “£330” substitute “£338”; and

(ii) in sub-paragraph (2)(b) for “£525” substitute “£541”; and

(b) for paragraph (7)(e) (other requirements) substitute—

“ (e) must have an account with a bank, a building society, the Post Office, or a Credit Union (within the meaning of the Credit Unions Act 1979 ( 25 ) ). ” .

References to provisions of the No. 9 Order amended by articles 4 and 5

6. —(1) Where this paragraph applies, any reference in 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 to paragraphs (5) to (7) of article 5 of the No. 9 Order is a reference to paragraphs (5) to (7) of article 5 as substituted by article 4(4).

(2) Where this paragraph applies, except where paragraph (4) applies, any reference in the No. 11 Order( 26 ), the No. 13 Order, the No. 14 Order or the No. 16 Order to Schedule 5 to the No. 9 Order is a reference to that Schedule as amended by article 4(5).

(3) Where this paragraph applies, except where paragraph (4) applies, any reference in the No. 17 Order( 27 ) or the No. 19 Order to Schedule 5 to the No. 9 Order is a reference to that Schedule as amended by article 4(5).

(4) Where this paragraph applies, 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 Schedule 5 to the No. 9 Order is a reference to that Schedule as amended by articles 4(5) and 5.

Amendment of the No. 11 Order – gateway conditions

7. Where this paragraph applies, article 2( 28 ) (interpretation) of the No. 11 Order is amended as follows—

(a) in paragraph (1)—

(i) for the definition of “gateway conditions” substitute—

“ “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order; ” ; and

(ii) omit the definition of “specified districts”; and

(b) omit paragraph (3).

Amendment of the No. 17 Order – gateway conditions

8. —(1) Where this paragraph applies, article 2( 29 ) (interpretation) of the No. 17 Order is amended as follows—

(a) except where paragraph (2) applies, for the definition of “gateway conditions” in paragraph (1) substitute—

“ “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order as amended by article 4(5) of the Welfare Reform Act 2012(Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 save that where, for the purposes of articles 3(2)(c), (d), (k) or (l) or 4(2)(c), (d), (k) or (l) ( 30 ) , the claimant resides in one of the No. 13 relevant districts (apart from postcode part-district CH62 9), or 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 had not been amended by article 4(5); ” ;

(b) after the definition of “the No. 13 relevant districts” in paragraph (1) insert—

“ “specified districts” means the following postcode districts and part-districts—

BL1 to BL4;

BL5 1;

BL5 3;

BL6 4;

BL6 9;

M26 3. ” ; and

(c) omit paragraph (3).

(2) Where this paragraph applies, article 2 of the No. 17 Order is amended as follows—

(a) for the definition of “gateway conditions” in paragraph (1) substitute—

“ “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order; ” ; and

(b) omit the definition of “specified districts”.

Amendment of the No. 11 Order, No. 13 Order, No. 14 Order, No. 16 Order, No. 17 Order and No. 19 Order – consequential amendment

9. Where this paragraph applies, in article 4(6) of the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order( 31 ), the No. 17 Order and the No. 19 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance) for “(6) and (7)” substitute “(6) to (9)”.