Statutory Instruments

2015 No. 634 (C. 32)

Social Security

The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015

Made

10th March 2015

^M1 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)(i) and (c) of the Welfare Reform Act 2012 :

Citation

1. This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015.

Interpretation

2. —(1) In this Order—

“ the Act ” means the Welfare Reform Act 2012 ;

^M2 “ 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) ;

“claimant”—

(a)

^M3^,^M4 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) of this Order ;

(b)

^M5 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) of this Order;

(c)

^M6 in relation to universal credit, has the same meaning as in Part 1 of the Act ;

^M7 “ the Claims and Payments Regulations 1987 ” means the Social Security (Claims and Payments) Regulations 1987 ;

“ 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 ;

^M8 “ joint claimants ”, in relation to universal credit, has the same meaning as in Part 1 of the Act ;

^M9 “ 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 ;

^M10 “ 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 ;

^M11 “ the No. 13 Order ” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 ;

^M12 “ the No. 14 Order ” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 ;

^M13 “ the No. 16 Order ” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 ;

^M14 “ the No. 17 Order ” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 ;

^M15 “ 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 ;

^M16 “ the No. 21 Order ” means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ;

^M17 “ the No. 22 Order ” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 ;

“ the No. 50 relevant districts ” means the postcode part-districts SM6 7 and SM6 8;

“ the No. 51 relevant districts ” means the postcode part-districts CR0 4 and SM6 9;

“ the No. 52 relevant districts ” means the postcode part-districts CR0 2 and SE1 5;

^M18 “ single claimant ”, in relation to universal credit, has the same meaning as in Part 1 of the Act .

^M19 (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 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 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.

(5) Where, by virtue of—

(a) ^M20 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) ^M21 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 (4)(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

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 the case of 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 18th March 2015 in respect of a period that begins on or after 18th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 50 relevant districts;

(b) a claim for universal credit that is made on or after 10th June 2015 in respect of a period that begins on or after 10th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 51 relevant districts;

(c) a claim for universal credit that is made on or after 4th November 2015 in respect of a period that begins on or after 4th November 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 52 relevant districts;

(d) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (c), in respect of a period that begins on or after that date where—

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question and the claimant does not reside in such a district on the date on which the claim is made;

(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 after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence.

(3) The day appointed in relation to the case of 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.

^M22 (5) Article 3A of the No. 9 Order applies in connection with a claim for universal credit where a single claimant, or, as the case may be, either or both of joint claimants, gives or give incorrect information regarding his or her (or their) residing in one of the No. 50, No. 51 or No. 52 relevant districts, as it applies in connection with the giving of incorrect information regarding a claimant residing in one of the relevant districts (as defined in the No. 9 Order).

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 the case of 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—

(d) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (c), in respect of a period that begins on or after that date where—

(e) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 18th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 50 relevant districts;

(f) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 10th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 51 relevant districts;

(g) a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 4th November 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 52 relevant districts;

(h) a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraphs (e) to (g) that is made or treated as made during the relevant period by a single claimant of universal credit or by either of two joint claimants of universal credit who has or have made a claim for universal credit within any of sub-paragraphs (a) to (d).

(4) For the purposes of paragraph (2)(h), “ relevant period ” means, in relation to a claim for universal credit within any of sub-paragraphs (a) to (d) of 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 any of sub-paragraphs (a) to (c) of paragraph (2), or within sub-paragraph (d)(i) or (ii) of that paragraph, 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) ^M23 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) ^M24 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 .

^M25 (6) Paragraphs (6), (7), (9) and (10) of article 4 of the No. 9 Order 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 in relation 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).

^M26 (7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (e) to (g) of paragraph (2) as they apply for the purposes of article 4(2)(a) of the No. 9 Order (but as if the references in paragraph (1A) to Schedule 5 to the No. 9 Order were omitted).

(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.

Transitory provision – application of the “specified condition” for a period

5. —(1) Paragraphs (2) to (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 on or after 18th March 2015 and before 10th June 2015.

(2) Where this paragraph applies, article 2(1) of this Order applies as if, after the definition of “single claimant” there were inserted—

“ ;
“ specified condition ” means the condition that a claimant is a British citizen who—

(a)

has resided in the United Kingdom throughout the period of two years ending with the date on which the claim for universal credit is made; and

(b)

has not, during that period, left the United Kingdom for a continuous period of four weeks or more. ” .

(3) Where this paragraph applies, article 3 of this Order applies as if it were amended as follows—

(a) in sub-paragraph (a) of paragraph (2), after “relevant districts” insert “ and meets the specified condition ” ;

(b) in sub-paragraph (d)(i) of paragraph (2)—

(i) after “in question” insert “ or meeting the specified condition ” ; and

(ii) after “in such a district” insert “ or does not meet that condition ” ;

(i) after “residing in such a district” insert “ or meeting the specified condition ” ; and

(ii) after “reside in such a district” insert “ or does not or do not meet that condition ” ;

(d) in the closing words of sub-paragraph (d) of paragraph (2), after “regarding residence” insert “ or meeting the specified condition as the case may be ” ;

(e) in paragraph (5)—

(i) after “No. 52 relevant districts” insert “ or meeting the specified condition ” ; and

(ii) after “the No. 9 Order)” insert “ or meeting the gateway conditions (as defined in the No. 9 Order) ” .

(4) Where this paragraph applies, article 4 of this Order applies as if it were amended as follows—

(a) in sub-paragraphs (a) and (e) of paragraph (2), after “relevant districts” insert “ and meets the specified condition ” ;

(b) in sub-paragraph (d)(i) of paragraph (2)—

(i) after “in question” insert “ or meeting the specified condition ” ; and

(ii) after “in such a district” insert “ or does not meet that condition ” ;

(i) after “residing in a such a district” insert “ or meeting the specified condition ” ; and

(ii) after “reside in such a district” insert “ or does not or do not meet that condition ” ;

(d) in the closing words of sub-paragraph (d) of paragraph (2), after “regarding residence” insert “ or meeting the specified condition ” .

Application of the No. 9 Order

^M27 6. Articles 9 to 22 of the No. 9 Order apply in connection with the coming into force of the amending provisions in relation to the case of 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-paragraph (a), (b) or (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

Transitional provision: claims for housing benefit, income support or a tax credit

^F1 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment 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

8. —(1) Paragraphs (2) and (3) apply in relation to a case where a claim for universal credit is made on or after 18th March 2015.

(2) Where this paragraph applies, in article 3A(3) of the No. 9 Order, at the end insert “ (and a determination had not been made under regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014, preventing a claim for universal credit being made with respect to the area in question or the category of case in question) ” .

(3) 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, the No. 19 Order, the No. 21 Order or the No. 22 Order to article 3A of the No. 9 Order is a reference to that article as amended by paragraph (2).

(4) Paragraph (5) applies in relation to a case where a claim for an employment and support allowance or a jobseeker's allowance is made on or after 18th March 2015.

^M28 (5) Where this paragraph applies, for paragraph (3) of article 5A of the No. 9 Order substitute—

“ (3) For the purposes of this article, paragraphs (5) to (7) of article 5 ^M29 apply for the purpose of determining—

(a) whether a claim for ESA or JSA is made; and

(b) the date on which the claim is made or treated as made. ” .

Amendment of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015

9. —(1) Paragraphs (2) to (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 on or after 10th June 2015.

(2) Where this paragraph applies, in article 2(1) of the No. 21 Order, omit the definition of “specified condition”.

(3) Where this paragraph applies, article 3 of the No. 21 Order is amended as follows—

(a) in paragraph (2)(a), omit “and meets the specified condition”;

(b) in sub-paragraph (b) of paragraph (2)—

(i) in paragraph (i), omit “or meeting the specified condition” and “or does not meet the specified condition”;

(ii) in paragraph (ii), omit “or meeting the specified condition” and “or does not or do not meet the specified condition”; and

(iii) in the closing words, omit “or meeting the specified condition as the case may be”; and

(c) in paragraph (5), omit “or meeting the specified condition” and “or meeting the gateway conditions (as defined in the No. 9 Order)”.

(4) Where this paragraph applies, article 4 of the No. 21 Order is amended as follows—

(a) in sub-paragraphs (a) and (c) of paragraph (2), omit “and meets the specified condition”; and

(b) in sub-paragraph (b) of paragraph (2)—

(i) in paragraph (i), omit “or meeting the specified condition” and “or does not meet the specified condition”;

(ii) in paragraph (ii), omit “or meeting the specified condition” and “or does not or do not meet the specified condition”; and

(iii) in the closing words, omit “or meeting the specified condition as the case may be”.

(5) With effect from 18th March 2015, article 6 of the No. 21 Order is amended as follows—

(a) in paragraph (1), for “(2) to (5)” substitute “ (2) to (5) and (11) ” ;

(b) in paragraph (9)(b), for regulations 6(1A)(b) substitute [^F2 “regulation 6(1A)(b) or 6A” ^F2] ; and

“ (11) Paragraph (1) does not apply to a claim for housing benefit, income support or a tax credit where, by virtue of a determination made under regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014, the person in question would be prevented from making a claim for universal credit as referred to in that paragraph. ” .

Modification of the Universal Credit (Digital Service) Amendment Regulations 2014

^F3 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of the Universal Credit (Surpluses and Self-employed Losses) (Digital Service) Amendment Regulations 2015

^F4 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Secretary of State for Work and Pensions

Freud

Parliamentary Under Secretary of State

Department for Work and Pensions

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	insert/omit
C1	Art. 4 modified (22.7.2020) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152) , regs. 1(3) , 5(1) (with reg. 5(2) ) (as amended: (4.8.2020) by (S.I. 2020/826), regs. 1, 2(2))
F1	Art. 7 revoked (25.7.2022) by The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752) , reg. 1(1) , Sch. para. 6
F2	Words in art. 9(5)(b) substituted (17.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) (Amendment) Order 2015 (S.I. 2015/740) , art. 2(b)	substituted
F3	Art. 10 revoked (2.12.2015) by The Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/1930) , art. 8
F4	Art. 11 revoked (2.12.2015) by The Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/1930) , art. 8
M1	2012 c.5 .
M2	Article 4 was substituted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/1923 (C.88).
M3	2007 c.5 .
M4	Article 5(1A) was inserted by S.I. 2014/3067 (C. 129).
M5	1995 c.18 .
M6	See section 40.
M7	S.I. 1987/1968 .
M8	See section 40.
M9	S.I. 2013/983 (C.41).
M10	S.I. 2013/1511 (C. 60).
M11	S.I. 2013/2657 (C. 107).
M12	S.I. 2013/2846 (C. 114).
M13	S.I. 2014/209 (C. 7).
M14	S.I. 2014/1583 (C. 61).
M15	S.I. 2014/2321 (C. 99).
M16	S.I. 2015/33 (C. 4).
M17	S.I. 2015/101 (C. 6).
M18	See section 40.
M19	S.I. 2013/380 .
M20	Paragraph (1F) was inserted by S.I. 2008/1554 and substituted by S.I. 2009/1490 .
M21	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 .
M22	Article 3A was substituted by S.I. 2014/1923 (C. 88) and is amended by article 8 of this Order.
M23	1998 c. 14 .
M24	See section 3 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) as to the meaning of “First-tier Tribunal” and “Upper Tribunal”.
M25	Paragraphs (9) and (10) of article 4 were inserted by S.I. 2015/32 (C. 3) as amended by S.I. 2015/101 (C. 6).
M26	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 were inserted by S.I. 2014/3067 (C.129).
M27	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).
M28	Article 5A was inserted by S.I. 2014/1452 (C. 56) and amended by S.I. 2014/2321 (C. 99).
M29	Paragraphs (5) to (7) were substituted by S.I. 2015/32 (C. 3).

Defined Term	Section/Article	ID
claimant	art. 2.	def_ee5b37b8fb
employment and support allowance	art. 2.	def_3a550fdcc0
jobseeker's allowance	art. 2.	def_6b3f1277e1
joint claimants	art. 2.	def_27abd437db
relevant period	art. 4.	def_b369bc554f
single claimant	art. 2.	def_19ddeed71e
the Act	art. 2.	def_6456323286
the amending provisions	art. 2.	def_9353d9f6bf
the Claims and Payments Regulations 1987	art. 2.	def_e62d91be56
the No. 11 Order	art. 2.	def_5792679862
the No. 13 Order	art. 2.	def_ccf37e4dc1
the No. 14 Order	art. 2.	def_dbbebaf461
the No. 16 Order	art. 2.	def_2d11162a8e
the No. 17 Order	art. 2.	def_214a7d042b
the No. 19 Order	art. 2.	def_de9af8358a
the No. 21 Order	art. 2.	def_cbb64f604d
the No. 22 Order	art. 2.	def_3d3843e012
the No. 50 relevant districts	art. 2.	def_2a23ee4c51
the No. 51 relevant districts	art. 2.	def_ab6e0c769d
the No. 52 relevant districts	art. 2.	def_689210d387
the No. 9 Order	art. 2.	def_e7a49e139a
UC claim period	art. 4.	def_4a25d279ac