OpenLegislation

The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016

S.I. 2016/596 · Made 23 May 2016

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2016.

Social Security

Made 23rd May 2016

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 2012f1:

Annotations to the whole text

Footnotes

f1

2012 c. 5.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Modification of the No. 14, 16, 22 and 24 Orders: removal of the gateway conditions from 25th May 2016
  4. 4Modification of the No. 13, 14, 16, 22 and 24 Orders: removal of the gateway conditions from 29th June 2016
  5. 5Modification of the No. 13, 19 and 22 Orders: removal of the gateway conditions from 27th July 2016
  6. 6Modifications in consequence of removal of the gateway conditions: the No. 13 Order
  7. 7Modifications in consequence of removal of the gateway conditions: the No. 14 Order
  8. 8Modifications in consequence of removal of the gateway conditions: the No. 16 Order
  9. 9Modifications in consequence of removal of the gateway conditions: the No. 19 Order
  10. 10Modifications in consequence of removal of the gateway conditions: the No. 22 Order
  11. 11Modifications in consequence of removal of the gateway conditions: the No. 24 Order
  12. 12Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit
  13. Signature
  14. Schedule: POSTCODE DISTRICTS AND PART-DISTRICTS
  15. 1Part 1
  16. 2Part 2
  17. 3Part 3
  18. 4Part 4
  19. 5Part 5
  20. 6Part 6
  21. 7Part 7
  22. 8Part 8
  23. 9Part 9
  24. 10Part 10
  25. 11Part 11
  26. 12Part 12
  27. 13Part 13
  28. 14Part 14
  29. 15Part 15
  30. 16Part 16
  31. 17Part 17
  32. 18Part 18
  33. 19Part 19
  34. Explanatory note

1Citation

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016.

2Interpretation

(1)

In this Order—

  • “the Act” means the Welfare Reform Act 2012;

  • “claimant”—

    1. (a)

      in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007f1;

    2. (b)

      in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995f2 (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);

    3. (c)

      in relation to universal credit, has the same meaning as in Part 1 of the Actf3;

  • “the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987f4;

  • “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;

  • “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 2013f5;

  • “the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013f6;

  • “the No. 14 Order” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013f7;

  • “the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014f8;

  • “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 2014f9;

  • “the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015f10;

  • “the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015f11;

  • “the No. 24 Order” means the Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015f12.

(2)

In this Order, references to “designated postcodes”, by numbered “Part”, are to the postcode districts and part-districts in the corresponding numbered Part of the Schedule to this Order.

(3)

For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013f13 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.

(4)

For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (5) and (6), 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.

(5)

Subject to paragraph (6), 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.

(6)

Where, by virtue of—

(a)

regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987f14, 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 Regulationsf15, 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 (5)(a) is taken, the claim is treated as made on that earlier date.

3Modification of the No. 14, 16, 22 and 24 Orders: removal of the gateway conditions from 25th May 2016

(1)

This article applies in the case of 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 25th May 2016.

(2)

Where this article applies, the provisions referred to in sub-paragraphs (a) to (i) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)

articles 3(2)(a) and 4(2)(a) of the No. 14 Orderf1, in respect of the Part 1 designated postcodes;

(b)

articles 3(2)(a) and 4(2)(a) of the No. 16 Orderf2, in respect of the Part 2 designated postcodes;

(c)

articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order, in respect of the Part 3 designated postcodes;

(d)

articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order, in respect of the Part 4 designated postcodes;

(e)

articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order, in respect of the Part 5 designated postcodes;

(f)

articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Orderf3, in respect of the Part 6 designated postcodes;

(g)

articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order, in respect of the Part 7 designated postcode;

(h)

articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 24 Order, in respect of the Part 8 designated postcodes;

(i)

articles 3(2)(bb) and 4(2)(ccc) and (ddd) of the No. 24 Order, in respect of the Part 9 designated postcodes.

4Modification of the No. 13, 14, 16, 22 and 24 Orders: removal of the gateway conditions from 29th June 2016

(1)

This article applies in the case of 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 29th June 2016.

(2)

Where this article applies, the provisions referred to in sub-paragraphs (a) to (f) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)

articles 3(2)(a) and 4(2)(a) of the No. 13 Orderf1, in respect of the Part 10 designated postcodes;

(b)

articles 3(2)(a) and 4(2)(a) of the No. 14 Order, in respect of the Part 11 designated postcodes;

(c)

articles 3(2)(a) and 4(2)(a) of the No. 16 Order, in respect of the Part 12 designated postcodes;

(d)

articles 3(2)(a) and 4(2)(a) and (b) of the No. 22 Order, in respect of the Part 13 designated postcodes;

(e)

articles 3(2)(k) and 4(2)(u) and (v) of the No. 22 Order, in respect of the Part 14 designated postcodes;

(f)

articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 15 designated postcode.

5Modification of the No. 13, 19 and 22 Orders: removal of the gateway conditions from 27th July 2016

(1)

This article applies in the case of 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 27th July 2016.

(2)

Where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)

articles 3(2)(a) and 4(2)(a) of the No. 13 Order, in respect of the Part 16 designated postcodes;

(b)

articles 3(2)(j) and 4(2)(j) of the No. 19 Order, in respect of the Part 17 designated postcodes;

(c)

articles 3(2)(m) and 4(2)(m) of the No. 19 Order, in respect of the Part 18 designated postcodes;

(d)

articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order, in respect of the Part 19 designated postcodes.

6Modifications in consequence of removal of the gateway conditions: the No. 13 Order

(1)

This article applies in the case of a claim in relation to which provisions of the No. 13 Order are modified under articles 4(2)(a) or 5(2)(a).

(2)

Where this article applies, the No. 13 Order has effect as though—

(a)

in article 2(1) (interpretation), the definition of “gateway conditions” were omittedf1;

(b)

in article 3(2)(b) (coming into force of the universal credit provisions and incorrect information)f2—

(i)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)

in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

(iii)

in paragraph (iii), “or meeting the gateway conditions” were omitted;

(c)

in article 3(6) (article 3A of the No. 9 Order and incorrect information)f3, “or meeting the gateway conditions” were omitted in both places it occurs;

(d)

in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)f4—

(i)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)

in paragraph (ii), “or meeting those conditions” and “or does not or do not meet those conditions” were omitted;

(iii)

in paragraph (iii), “or meeting the gateway conditions” were omitted; and

(e)

for article 4(7) (claims by couples)f5 there were substituted—

“(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).”.

7Modifications in consequence of removal of the gateway conditions: the No. 14 Order

(1)

This article applies in the case of a claim in relation to which provisions of the No. 14 Order are modified under articles 3(2)(a) or 4(2)(b).

(2)

Where this article applies, the No. 14 Order has effect as though—

(a)

in article 2(1) (interpretation), the definition of “gateway conditions” were omittedf1;

(b)

in article 3(2)(b) (coming into force of the universal credit provisions and incorrect information)f2—

(i)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)

in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

(iii)

in paragraph (iii), “or meeting the gateway conditions” were omitted;

(c)

in article 3(6) (article 3A of the No. 9 Order and incorrect information)f3, “or meeting the gateway conditions” were omitted in both places it occurs;

(d)

in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)f4—

(i)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)

in paragraph (ii), “or meeting those conditions” and “or does not or do not meet those conditions” were omitted;

(iii)

in paragraph (iii), “or meeting the gateway conditions” were omitted; and

(e)

for article 4(7) (claims by couples)f5 there were substituted—

“(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).”.

8Modifications in consequence of removal of the gateway conditions: the No. 16 Order

(1)

This article applies in the case of a claim in relation to which provisions of the No. 16 Order are modified under articles 3(2)(b) or 4(2)(c).

(2)

Where this article applies, the No. 16 Order has effect as though—

(a)

in article 2(1) (interpretation), the definition of “gateway conditions” were omittedf1;

(b)

in article 3(2)(b) (coming into force of the universal credit provisions and incorrect information)f2—

(i)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)

in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

(iii)

in paragraph (iii), “or meeting the gateway conditions” were omitted;

(c)

in article 3(6) (article 3A of the No. 9 Order and incorrect information)f3—

(i)

“or a No. 7” were omitted;

(ii)

“or meeting the gateway conditions” were omitted in both places it occurs;

(d)

in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)f4—

(i)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)

in paragraph (ii), “or meeting those conditions” and “or does not or do not meet those conditions” were omitted;

(iii)

in paragraph (iii), “or meeting the gateway conditions” were omitted; and

(e)

for article 4(7) (claims by couples)f5 there were substituted—

“(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).”.

9Modifications in consequence of removal of the gateway conditions: the No. 19 Order

(1)

This article applies in the case of a claim in relation to which provisions of the No. 19 Order are modified under article 5(2)(b) or (c).

(2)

Where this article applies, the No. 19 Order has effect as though—

(a)

in article 2(1) (interpretation), the definition of “gateway conditions” were omitted;

(b)

in article 3(2)(o) (coming into force of the universal credit provisions and incorrect information)—

(i)

for “any of sub-paragraphs (a) to (n)” there were substituted “sub-paragraph (j) or (m)”;

(ii)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(iii)

in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

(iv)

in the words after paragraph (ii), “or meeting the gateway conditions” were omitted;

(c)

in article 3(5) (article 3A of the No. 9 Order and incorrect information)—

(i)

for “No. 14, No. 15, No. 16, No. 17, No. 18, No. 19, No. 20, No. 21, No. 22, No. 23, No. 24, No. 25, No. 26 or No. 27” there were substituted “No. 23 or No. 26”;

(ii)

“or meeting the gateway conditions” were omitted in both places it occurs;

(d)

in article 4(2)(o) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)—

(i)

for “any of sub-paragraphs (a) to (n)” there were substituted “sub-paragraph (j) or (m)”;

(ii)

in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(iii)

in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

(iv)

in the words after paragraph (ii), “or meeting the gateway conditions” were omitted; and

(e)

for article 4(7) (claims by couples)f1 there were substituted—

“(7)

Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of F1sub-paragraphs (j) and (m) 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).”.

10Modifications in consequence of removal of the gateway conditions: the No. 22 Order

(1)

This article applies in the case of a claim in relation to which provisions of the No. 22 Order are modified under articles 3(2)(c), (d), (e) or (f), 4(2)(d) or (e) or 5(2)(d).

(2)

Where this article applies, the No. 22 Order has effect as though—

(a)

in article 2(1) (interpretation), for the definition of “claimant” there were substituted—

  • ““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) of the No. 9 Order as applied by article 4(7) of this Order;

    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) of the No. 9 Order as applied by article 4(7) of this Order;

    3. (c)

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

(b)

paragraphs (2) and (4) of article 2 (definition of, and amendments to, the “gateway conditions”) were omitted;

(c)

for article 3(2)(v) there were substituted—

“(v)

a claim for universal credit that is made on or after the date referred to in sub-paragraph (a), (e), (f), (h), (i) or (k), 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.”;

(d)

for article 3(5) there were substituted—

“(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. 29, No. 33, No. 34, No. 36, No. 37 or No. 39 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).”;

(e)

for article 4(2)(qq) there were substituted—

“(qq)

a claim for universal credit that is made on or after the date referred to in sub-paragraph (a), (i), (k), (o), (q) or (u), 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;”; and

(f)

for article 4(7) (claims by couples) there were substituted—

“(7)

Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (b), (j), (l), (p), (r) and (v) 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).”.

11Modifications in consequence of removal of the gateway conditions: the No. 24 Order

(1)

This article applies in the case of a claim in relation to which provisions of the No. 24 Order are modified under articles 3(2)(g), (h) or (i) or 4(2)(f).

(2)

Where this article applies, the No. 24 Order has effect as though—

(a)

in article 2(1) (interpretation)—

(i)

for the definition of “claimant” there were substituted—

  • ““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) of the No. 9 Order as applied by article 4(7) of this Order;

    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) of the No. 9 Order as applied by article 4(7) of this Order;

    3. (c)

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

(ii)

the definition of “gateway conditions” were omitted;

(b)

article 2(3) (amendments to the gateway conditions) were omitted;

(c)

for article 3(2)(dd) there were substituted—

“(dd)

a claim for universal credit that is made on or after the date referred to in sub-paragraph (a), (c), (n) or (bb), 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.”;

(d)

for article 3(5) there were substituted—

“(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. 53, No. 55, No. 66 or No. 80 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).”;

(e)

for article 4(2)(ggg) there were substituted—

“(ggg)

a claim for universal credit that is made on or after the date referred to in sub-paragraph (a), (e), (aa) or (ccc), 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;”; and

(f)

for article 4(7) (claims by couples) there were substituted—

“(7)

Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (b), (f), (bb) and (ddd) 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).”.

12Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit

Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)f1 applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that Order included—

(a)

a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 13 Order, in respect of claims in relation to which sub-paragraph (a) is modified by articles 4(2)(a) and 5(2)(a) of this Order;

(b)

a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 14 Order, in respect of claims in relation to which sub-paragraph (a) is modified by articles 3(2)(a) and 4(2)(b) of this Order;

(c)

a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 16 Order, in respect of claims in relation to which sub-paragraph (a) is modified by articles 3(2)(b) and 4(2)(c) of this Order;

(d)

a reference to paragraph (1) and sub-paragraphs (j) and (m) of paragraph (2) of article 3 of the No. 19 Order, in respect of claims in relation to which sub-paragraphs (j) and (m) are modified respectively by article 5(2)(b) and (c) of this Order;

(e)

a reference to paragraph (1) and sub-paragraphs (a), (f), (h), (i) and (k) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 4(2)(d), 3(2)(d), (e) and (f) and 4(2)(e) of this Order;

(f)

a reference to paragraph (1) and sub-paragraph (e) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which sub-paragraph (e) is modified by articles 3(2)(c) and 5(2)(d) of this Order; and

(g)

a reference to paragraph (1) and sub-paragraphs (a), (c), (n) and (bb) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 4(2)(f) and 3(2)(g), (h) and (i) of this Order.

Signature

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

Freud

Minister of State,

Department for Work and Pensions

1

CV21 1 to CV21 4.

CV21 9.

CV22 5 to CV22 7.

2

BA1 0 to BA1 7.

BA2 0 to BA2 6.

BA2 9.

BA3 2 and BA3 3.

BA3 9.

BS31 1.

BS31 3.

BS31 9.

BS39 4 and BS39 5.

BS39 7.

3

BA2 7 and BA2 8.

BA3 4.

BS25 9.

BS39 6.

TA6.

TA7 8 and TA7 9.

TA8.

TA9.

4

IP19 1.

NR32.

NR33.

NR34 4.

5

TA5.

TA7 0.

6

NE1.

NE2.

NE3 1 to NE3 4.

NE5 3 and NE5 4.

NE13 8 and NE13 9.

7

CV23 9.

8

BA1 8 and BA1 9.

BS31 2.

SN14 8.

9

NE3 5.

NE13 7.

NE18.

10

W6 0.

W6 6 to W6 9.

11

IV1 1.

IV1 3.

IV1 9.

IV2 3 to IV2 7.

IV3 5.

IV3 8.

IV4 7.

IV5 7.

IV8 8.

IV9 8.

IV10 8.

IV11 8.

IV12 4 and IV12 5.

IV12 9.

IV13 7.

IV21 2.

IV22 2.

IV26 2.

IV54 8.

IV63 6 and IV63 7.

PH19 1.

PH20 1.

PH21 1.

PH22 1.

PH23 3.

PH24 3.

PH25 3.

PH26 3.

PH26 9.

PH32 4.

12

HG1 1 to HG1 5.

HG1 9.

HG2 0.

HG2 7 to HG2 9.

HG3 1 to HG3 4.

HG4 1 to HG4 3.

HG4 9.

HG5 0.

HG5 5.

HG5 8 and HG5 9.

LS17 0.

YO51 9.

13

HG3 5.

HG4 5.

YO17.

YO18.

YO60.

YO62.

14

DL9.

DL10.

DL11 6.

HG4 4.

15

DL11 7.

16

W14 0.

W14 4.

W14 8 and W14 9.

17

WA7.

WA8 0.

WA8 2.

WA8 3.

WA8 6 to WA8 9.

18

LA1.

LA2 0.

LA2 6.

LA2 9.

LA3.

LA4.

LA5 8 and LA5 9.

19

BA3 5.

BA4.

BA5.

BA6.

BA11.

BA16.

BS27.

BS28.

Explanatory note

(This note is not part of the Order)

This Order modifies a series of prior Orders (the “prior commencement Orders”, defined below) bringing into force provisions of the Welfare Reform Act 2012 (c. 5) (“the Act”) relating to universal credit (“UC”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance. Those prior commencement Orders are:

(a)

the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657 (C. 107));

(b)

the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2846 (C. 114));

(c)

the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209 (C. 7));

(d)

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 (S.I. 2014/2321 (C. 99));

(e)

the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101 (C. 6) (“the No. 22 Order”)); and

(f)

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 (C. 87) (“the No. 24 Order”)).

Articles 3 and 4 of each of the prior commencement Orders brought into force respectively 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 (S.I. 2013/983 (C. 41) (“the No. 9 Order”)), and provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”).

The modifications to the provisions of articles 3(2) and 4(2) of the prior commencement Orders specified in each of the sub-paragraphs of paragraph (2) of articles 3, 4 and 5 of this Order remove the restrictions on claiming UC applied in the prior commencement Orders (“the gateway conditions”, set out in Schedule 5 to the No. 9 Order) so that they do not apply to the specified provisions of articles 3(2) and 4(2) of the prior commencement Orders for the coming into force of the UC provisions and the amending provisions in the postcode districts and part-districts specified.

Articles 3, 4 and 5 of this Order apply where claims are made (as the case may be) for universal credit, an employment and support allowance or a jobseeker’s allowance on or after 25th May 2016, 29th June 2016 and 27th July 2016 respectively and by reference to residence in one of the designated postcodes in the corresponding Part of the Schedule to this Order. See article 2(2) for the definition of these postcodes.

Articles 6 to 11 of this Order make consequential modifications to a number of similar provisions in each of the prior commencement Orders to remove references to meeting the gateway conditions. By virtue of the gateway conditions no longer applying, claims by couples will become possible for the first time in certain of the designated postcodes, those for which UC was commenced under the No. 22 Order and the No. 24 Order for single UC claimants only. The consequential modifications by articles 10 and 11 to those Orders also allow for claims by couples.

Article 12 modifies article 7 of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634 (C. 32)) such that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for UC on that date, the UC provisions would come into force by virtue of any of the sub-paragraphs of article 3(2) of the prior commencement Orders modified by any of the sub-paragraphs of paragraph (2) of articles 3, 4 and 5 of this Order.