Citation and Interpretation

1.—(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025.

(2) In this Order—

“ the 2007 Act ” means the Welfare Reform Act 2007 ( 2 );

“ 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 Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013( 3 );

“ contributory allowance” and “income-related allowance ” in relation to an award of old style ESA have the meaning given by section 1(7) of the 2007 Act;

“ housing benefit ” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992 ( 4 );

“ income support ” means income support under section 124 of the Social Security Contributions and Benefits Act 1992 ;

“ income-based jobseeker’s allowance ” has the same meaning as in the Jobseekers Act 1995 ( 5 );

“ income-related employment and support allowance ” means an income-related allowance under Part 1 of the 2007 Act;

“ old style ESA ” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance and references to an award of old style ESA shall be construed accordingly;

“ old style JSA ” means a jobseeker’s allowance under the Jobseekers Act 1995 as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance and references to an award of old style JSA shall be construed accordingly;

“ the Transitional Regulations ” means the Universal Credit (Transitional Provisions) Regulations 2014 ( 6 );

“ two week run-on period ” means the period referred to in regulation 8(2A)( 7 ) or 46(1)(a)( 8 ) of the Transitional Regulations or regulation 5(1) of the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 ( 9 ).

Conversion of contributory old style ESA

2.—(1) The day appointed for the coming into force of the amending provisions in the case of an award of old style ESA in respect of which the claimant—

(a)is entitled to the contributory allowance but not the income-related allowance, or

(b)is entitled to both the contributory allowance and the income-related allowance and section 6(4) of the 2007 Act (allowance treated as attributable to entitlement to the contributory allowance where the amount payable does not exceed the personal rate) applies,

is as follows.

(2) In the case of an award where either of the conditions in paragraph (1)(a) or (b) applies on 1st December 2025, the day appointed is 1st December 2025.

(3) In any other case, the day appointed is the first day on which either of those conditions applies.

Claimant commitment on conversion of contributory old style ESA

3.—(1) Where the amending provisions come into force in relation to an award of old style ESA in accordance with article 2 (conversion of contributory old style ESA) the Secretary of State may, for so long as the Secretary of State considers necessary to protect the efficient administration of employment and support allowance, delay the preparation of a claimant commitment in accordance with section 11A(10) of the 2007 Act.

(2) Section 1(3)(aa)(11) of the 2007 Act (acceptance of claimant commitment to be a condition of entitlement to employment and support allowance) is not to apply during any period for which the preparation of a claimant commitment is delayed under paragraph (1).

Abolition of income-based jobseeker’s allowance

4. The day appointed for the coming into force of the amending provisions in the case of an award of old style JSA in respect of which those provisions—

(a)have not yet come into force, and

(b)are not due to come into force, or to be treated as coming into force, at the end of a two week run-on period,

is 1st April 2026.

Abolition of income support

5. The day appointed for the coming into force of section 33(1)(c) of the Act (abolition of income support) in respect of an award of income support that—

(a)has not yet been terminated by virtue of regulation 7(2), 8(2A) or 46(1)(a) of the Transitional Regulations, and

(b)is not due to terminate at the end of a two week run-on period,

is 1st April 2026.

Abolition of housing benefit for working age claimants who cease to occupy temporary accommodation or specified accommodation

6.—(1) The day appointed for the coming into force of section 33(1)(d) of the Act (abolition of housing benefit) in relation to an award of housing benefit where the claimant—

(a)is not entitled to universal credit, income support, an income-based jobseeker’s allowance or an income-related employment and support allowance,

(b)does not fall within regulation 6A(3) to (5) of the Transitional Regulations(12) (exemption from restrictions on claims for housing benefit for persons over the qualifying age for state pension credit etc.), and

(c)is entitled to that award in respect of temporary accommodation or specified accommodation,

is any day falling on or after 14th November 2025 that is the day after the last day on which the claimant is entitled to housing benefit in respect of accommodation of that description.

(2) In this article “ specified accommodation ” and “ temporary accommodation ” have the same meaning as in the Transitional Regulations.