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The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014

S.I. 2014/209 · Made 3 February 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 4 August 2020.

Social Security

Made 3rd February 2014

The Secretary of State, in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012 M1, makes the following Order:C1F1C2C3C4C5C6C7

Annotations to the whole text

Textual amendments

F1

Instrument amended (28.7.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014 (S.I. 2014/1923), arts. 3, 5(b)

Marginal citations

M1

2012 c.5.

Modifications

C1

Instrument amended (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1661), arts. 3, 4(5)

C2

Instrument modified (24.11.2014) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3067), art. 7(b)

C3

Instrument modified (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 6(1)

C4

Instrument modified (26.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 6(2)

C5

Instrument amended (10.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634), art. 8(1)(3)

C6

Instrument modified (6.4.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(3), 6(4)

C7

Instrument amended (20.7.2015) by 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 (S.I. 2015/1537), art. 5(1)(2)(b)

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Day appointed for the coming into force of the universal credit provisions in Part 1 of the Act
  4. 4Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance
  5. 5Application of the No. 9 Order
  6. 6Day appointed for the coming into force of section 139 of the Act
  7. Signature
  8. Schedule 1
  9. Part 1: The No.6 relevant districts
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. 5Paragraph 5
  15. 6Paragraph 6
  16. 7Paragraph 7
  17. 8Paragraph 8
  18. 9Paragraph 9
  19. 10Paragraph 10
  20. 11Paragraph 11
  21. 12Paragraph 12
  22. 13Paragraph 13
  23. 14Paragraph 14
  24. 15Paragraph 15
  25. 16Paragraph 16
  26. 17Paragraph 17
  27. 18Paragraph 18
  28. 19Paragraph 19
  29. 20Paragraph 20
  30. 21Paragraph 21
  31. 22Paragraph 22
  32. Part 2: The No. 7 relevant districts
  33. 1Paragraph 1
  34. 2Paragraph 2
  35. Explanatory note

1Citation

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014.

2InterpretationC1C2C3

C4(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);

  • F1“claimant”—

    1. (a)

      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);

    2. (b)

      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);

    3. (c)

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

  • “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 M1;

  • F2“First-tier Tribunal” has the same meaning as in the Social Security Act 1998;

  • F3...

  • “jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995 M2;

  • “No. 6 relevant districts” means the postcode part-districts specified in Part 1 of the Schedule;

  • “No. 7 relevant districts” means the postcode part-districts specified in Part 2 of the Schedule;

  • “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 M3.

  • “Upper Tribunal” has the same meaning as in the Social Security Act 1998.

(2)

For the purposes of this Order, a reference to a person who falls within the Pathfinder Group is a reference to a person who meets the requirements of regulations 5 to 12 of the Universal Credit (Transitional Provisions) Regulations 2013 M4.

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.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Day appointed for the coming into force of the universal credit provisions in Part 1 of the ActC1C2

(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)

F1The claims referred to are—

C3C4C5(a)

a claim for universal credit that is made or treated as made on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 6 relevant districts;

(b)

a claim for universal credit that is made or treated as made on or after 24th February 2014 by a person in respect of a period that begins on or after 24th February 2014, where—

(i)

the person does not reside in one of the No. 6 relevant districts on the day on which the claim is made or treated as made;

(ii)

in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

(iii)

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information;

(c)

a claim for universal credit that is made or treated as made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 7 relevant districts; and

(d)

a claim for universal credit that is made or treated as made on or after 7th April 2014 by a person in respect of a period that begins on or after 7th April 2014, where—

(i)

the person does not reside in one of the No. 7 relevant districts on the day on which the claim is made or treated as made;

(ii)

in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

(iii)

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

The claims referred to are—

(a)

a claim for universal credit where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 6 or No. 7 relevant districts and meets the gateway conditions; and

(b)

a claim for universal credit where—

(i)

the claimant gives incorrect information regarding the claimant residing in a No 6 or a No. 7 relevant district F2... and does not reside in such a district ... 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 regarding residence ... has been given.

(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 F3....

(4)

Article 3(5) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of sub-paragraphs (a) and (b) of article 3(3) of the No. 9 Order.

(5)

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.

F4(6)

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 incorrect information regarding his or her (or their) residing in a No. 6 ...relevant district or a No. 7, 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) ....

4Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowanceC1C2C3

(1)

F1The 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—

C4C5C6(a)

a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 6 relevant districts and falls within the Pathfinder Group;

(b)

a claim for universal credit that is made or treated as made by a person on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 where—

(i)

the person does not reside in one of the No. 6 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

(ii)

in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

(iii)

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information;

(c)

a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 7 relevant districts and falls within the Pathfinder Group; and

(d)

a claim for universal credit that is made or treated as made by a person on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 where—

(i)

the person does not reside in one of the No. 7 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

(ii)

in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

(iii)

after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

(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 or treated as made.

(4)

Paragraphs (4) and (5) of article 4 of the No. 9 Order apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in paragraph (2) as they apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order.

(5)

Paragraphs (1) and (2) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (a) and (c) of paragraph (2) as they apply for the purposes of sub-paragraph (a) of article 4(2) of the No. 9 Order.

(6)

Article 5(3) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order.

C7(7)

Article 5(4) 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.

(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—

(a)

a claim for universal credit, an employment and support allowance or a jobseeker’s allowance where, on the date on which the claim is made F2or treated as made, the claimant—

(i)

resides in one of the No. 6 or No. 7 relevant districts; and

(ii)

meets the gateway conditions;

(b)

a claim for universal credit where—

(i)

the claimant gives incorrect information regarding the claimant residing in a No. 6 or a No. 7 relevant district F3... and does not reside in such a district ... 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 ...; and

(c)

a claim for an employment and support allowance or a jobseeker’s allowance other than one referred to in sub-paragraph (a) 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 sub-paragraph (a) or (b).

(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)

For the purposes of paragraph (2)(c), “relevant period” means, in relation to a claim for universal credit referred to in paragraph (2)(a) or (b), 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 as referred to in paragraph (2)(a) or (b) 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 F4(6) to (9) of article 4 of the No. 9 Order apply in relation to the case of 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 the case of 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)

Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) 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)

Paragraphs (5) to (7) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (a) and (c) of paragraph (2) as they apply for the purposes of paragraphs (a) and (g) of article 4(2) of the No. 9 Order.

(9)

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.

5Application of the No. 9 OrderC1

F1Articles 6 and Articles F29 to 22 of the No. 9 Order M1 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-paragraphs (a) and (b) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

6Day appointed for the coming into force of section 139 of the Act

The day appointed for the coming into force of section 139 of the Act (recovery of child support maintenance by deduction from benefit) is the day following the day on which this Order is made.

Signature

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

Freud

Parliamentary Under Secretary of State

Department for Work and Pensions

1

BA1 0 to BA1 7.

2

BA2 0 to BA2 6.

3

BA2 9.

4

BA3 2 and BA3 3.

5

BA3 9.

6

BS31 1.

7

BS31 3.

8

BS31 9.

9

BS39 4 and BS39 5.

10

BS39 7.

11

HG1 1 to HG1 5.

12

HG1 9.

13

HG2 0.

14

HG2 7 to HG2 9.

15

HG3 1 to HG3 4.

16

HG4 1 to HG4 3.

17

HG4 9.

18

HG5 0.

19

HG5 5.

20

HG5 8 and HG5 9.

21

LS17 0.

22

YO51 9.

1

CH5 1 to CH5 4.

2

CH5 9.

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions of the Welfare Reform Act 2012 (c.5) (“the Act”) that relate to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker's allowance, by reference to the cases set out in articles 3 and 4. This Order also brings into force section 139 of the Act, which relates to child support maintenance.

Article 3 brings into force provisions relating to UC in Part 1 of the Act (“the UC provisions”), as set out in Schedule 2 to 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. 9 Order”) in relation to four different cases.

Under article 3(2)(a), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 and, at the time that the claim is made, resides in a “No. 6 relevant district” (the “No. 6 relevant districts” are described in Part 1 of the Schedule). Other conditions (“Pathfinder Group conditions”) for making a claim for UC are set out in the Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386).

Under article 3(2)(b), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 and provides incorrect information as to their residence in a No. 6 relevant district, but this is only discovered once payments of UC have been made.

Sub-paragraphs (c) and (d) of article 3(2) make identical provision to sub-paragraphs (a) and (b) of article 3(2) in relation to claims that are made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 and in relation to residence in a No. 7 relevant district.

Under article 3(3), the day appointed for the commencement of the UC provisions in the above cases is the first day of the period in respect of which the claim is made or treated as made.

Paragraphs (4) and (5) of article 3 apply the provisions of paragraphs (5) and (6) of article 3 of the No. 9 Order to the cases referred to in paragraph (2) of article 3.

Article 4 brings into force provisions relating to the abolition of income-related employment and support allowance and of income-based jobseeker's allowance (“the amending provisions”), in relation to four different cases.

Under article 4(2)(a), the amending provisions come into force in relation to a claim for UC, an employment and support allowance (“ESA”) or a jobseeker's allowance (“JSA”), and any award that is made in respect of the claim, where a person claims UC, ESA or JSA on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 and, at the time that the claim is made, resides in a No. 6 relevant district and meets the Pathfinder Group conditions.

Under article 4(2)(b), the amending provisions come into force in relation to a claim for UC and any award that is made in respect of the claim where the claimant claims UC on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 and provides incorrect information as to their residence in a No. 6 relevant district, or as to their meeting the Pathfinder Group conditions, but this is only discovered once payments of UC have been made.

Sub-paragraphs (c) and (d) of article 4(2) make identical provision to sub-paragraphs (a) and (b) of article 4(2) in relation to claims that are made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 and in relation to residence in a No. 7 relevant district.

Under article 4(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made or treated as made.

Paragraphs (4) to (7) of article 4 apply the provisions of paragraphs (4) and (5) of article 4, and article 5, of the No. 9 Order to the cases in paragraph (2) of article 4.

Article 5 provides that articles 6 and 9 to 22 of the No. 9 Order (transitional and transitory provisions) 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-paragraphs (a) and (b) of article 4(2) of the No. 9 Order, and any award made in respect of the claim.

Article 6 brings into force section 139 of the Act on the day following the day on which the Order is made. Section 139 substitutes subsections (1) and (2) of section 43 of the Child Support Act 1991 (c.48) with two new subsections. The new subsections allow for child support maintenance, arrears of child support maintenance and fees payable by a non-resident parent under section 6 of the Child Maintenance and Other Payments Act 2008 (c.6) to be recovered from a non-resident parent by way of deduction from benefit.