OpenLegislation

The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

S.I. 2017/584 · Made 24 April 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 24th April 2017

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. 22 and 24 Orders: removal of the gateway conditions from 3rd May 2017
  4. 4Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 10th May 2017
  5. 5Modification of the No. 19 Order: removal of the gateway conditions from 17th May 2017
  6. 6Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 24th May 2017
  7. 7Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 7th June 2017
  8. 8Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 14th June 2017
  9. 9Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 28th June 2017
  10. 10Modifications in consequence of removal of the gateway conditions: the No. 19 Order
  11. 11Modifications in consequence of removal of the gateway conditions: the No. 22 Order
  12. 12Modifications in consequence of removal of the gateway conditions: the No. 24 Order
  13. 13Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit
  14. Signature
  15. Schedule: POSTCODE DISTRICTS AND PART-DISTRICTS
  16. 1Part 1
  17. 2Part 2
  18. 3Part 3
  19. 4Part 4
  20. 5Part 5
  21. 6Part 6
  22. 7Part 7
  23. 8Part 8
  24. 9Part 9
  25. 10Part 10
  26. 11Part 11
  27. 12Part 12
  28. 13Part 13
  29. 14Part 14
  30. 15Part 15
  31. 16Part 16
  32. 17Part 17
  33. 18Part 18
  34. 19Part 19
  35. 20Part 20
  36. 21Part 21
  37. 22Part 22
  38. 23Part 23
  39. 24Part 24
  40. 25Part 25
  41. 26Part 26
  42. 27Part 27
  43. Explanatory note

1Citation

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017.

2Interpretation

(1)

In this Order—

  • “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 Welfare Reform Act 2012 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 Welfare Reform Act 2012f3;

  • “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. 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 2014f5;

  • “the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015f6;

  • “the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015f7;

  • “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 2015f8;

  • “the September 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016f9.

(2)

In this Order, references to “designated postcodes”, by numbered “Part”, are to any postcode district or part-district 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 2013f10 apply for the purpose of deciding—

(a)

whether a claim for universal credit is made; and

(b)

the date on which the 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 that person 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 1987f11, 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 Regulationsf12, 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. 22 and 24 Orders: removal of the gateway conditions from 3rd May 2017

(1)

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 3rd May 2017.

(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)(c) and 4(2)(e) and (f) of the No. 22 Orderf1, in respect of the Part 1 designated postcodes;

(b)

articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Orderf2, in respect of the Part 2 designated postcodes;

(c)

articles 3(2)(i) and 4(2)(q) and (r) of the No. 24 Order, in respect of the Part 3 designated postcodes;

(d)

articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Orderf3, in respect of the Part 4 designated postcodes;

(e)

articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 24 Orderf4, in respect of the Part 5 designated postcodes;

(f)

articles 3(2)(u) and 4(2)(oo) and (pp) of the No. 24 Order, in respect of the Part 6 designated postcodes.

4Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 10th May 2017

(1)

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 10th May 2017.

(2)

Where this article applies, the provisions referred to in sub-paragraphs (a) to (e) 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)(b) and 4(2)(c) and (d) of the No. 22 Orderf1, in respect of the Part 7 designated postcodes;

(b)

articles 3(2)(b) and 4(2)(c) and (d) of the No. 24 Orderf2, in respect of the Part 8 designated postcodes;

(c)

articles 3(2)(f) and 4(2)(k) and (l) of the No. 24 Order, in respect of the Part 9 designated postcodes;

(d)

articles 3(2)(g) and 4(2)(m) and (n) of the No. 24 Order, in respect of the Part 10 designated postcodes;

(e)

articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order, in respect of the Part 11 designated postcodes.

5Modification of the No. 19 Order: removal of the gateway conditions from 17th May 2017

(1)

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 17th May 2017.

(2)

Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) 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)(d) and 4(2)(d) of the No. 19 Order, in respect of the Part 12 designated postcodes;

(b)

articles 3(2)(k) and 4(2)(k) of the No. 19 Order, in respect of the Part 13 designated postcodes.

6Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 24th May 2017

(1)

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 24th May 2017.

(2)

Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) 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)(e) and 4(2)(i) and (j) of the No. 22 Orderf1, in respect of the Part 14 designated postcodes;

(b)

articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 24 Orderf2, in respect of the Part 15 designated postcodes.

7Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 7th June 2017

(1)

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 7th June 2017.

(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) and (b) of the No. 22 Orderf1, in respect of the Part 16 designated postcodes;

(b)

articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order, in respect of the Part 17 designated postcodes;

(c)

articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 18 designated postcodes;

(d)

articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Orderf2, in respect of the Part 19 designated postcodes.

8Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 14th June 2017

(1)

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 14th June 2017.

(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)(i) and 4(2)(q) and (r) of the No. 22 Orderf1, in respect of the Part 20 designated postcodes;

(b)

articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 22 Orderf2, in respect of the Part 21 designated postcodes;

(c)

articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 22 designated postcodes;

(d)

articles 3(2)(k) and 4(2)(u) and (v) of the No. 24 Orderf3, in respect of the Part 23 designated postcodes.

9Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 28th June 2017

(1)

This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 28th June 2017.

(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)(m) and 4(2)(y) and (z) of the No. 22 Order, in respect of the Part 24 designated postcodes;

(b)

articles 3(2)(v) and 4(2)(qq) and (rr) of the No. 24 Order, in respect of the Part 25 designated postcodes;

(c)

articles 3(2)(z) and 4(2)(yy) and (zz) of the No. 24 Order, in respect of the Part 26 designated postcodes;

(d)

articles 3(2)(bb) and 4(2)(ccc) and (ddd) of the No. 24 Orderf1, in respect of the Part 27 designated postcodes.

10Modifications 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 articles 5(2)(a) or 5(2)(b).

(2)

Where this article applies, the modifications to the No. 19 Order made by article 13(2) of the September 2016 Order have effect.

11Modifications 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—

(a)

article 3(2)(a);

(b)

article 4(2)(a);

(c)

article 6(2)(a);

(d)

article 7(2)(a) or (b);

(e)

article 8(2)(a) or (b); or

(f)

article 9(2)(a).

(2)

Where this article applies, the modifications to the No. 22 Order made by article 14(2) of the September 2016 Order have effect.

12Modifications 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—

(a)

article 3(2)(b), (c), (d), (e) or (f);

(b)

article 4(2)(b), (c), (d) or (e);

(c)

article 6(2)(b);

(d)

article 7(2)(c) or (d);

(e)

article 8(2)(c) or (d); or

(f)

article 9(2)(b), (c) or (d).

(2)

Where this article applies, the modifications to the No. 24 Order made by article 15(2) of the September 2016 Order have effect.

13Modification 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-paragraphs (d) and (k) of paragraph (2) of article 3 of the No. 19 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by article 5(2)(a) and 5(2)(b) of this Order;

(b)

a reference to paragraph (1) and sub-paragraphs (a), (b), (c), (i), (m) and (r) 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 7(2)(a), 4(2)(a), 3(2)(a), 8(2)(a), 9(2)(a) and 8(2)(b) of this Order;

(c)

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 that sub-paragraph is modified by articles 6(2)(a) and 7(2)(b) of this Order;

(d)

a reference to paragraph (1) and sub-paragraphs (b), (f), (g), (i), (k), (l), (n), (t), (u), (v), (z) 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)(b), 4(2)(c), 4(2)(d), 3(2)(c), 8(2)(d), 7(2)(d), 6(2)(b), 3(2)(e), 3(2)(f), 9(2)(b), 9(2)(c) and 9(2)(d) of this Order; and

(e)

a reference to paragraph (1) and sub-paragraphs (a) and (p) 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 3(2)(b), 7(2)(c) and 8(2)(c), and articles 3(2)(d) and 4(2)(e) of this Order.

Signature

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

Damien Hinds

Minister of State

Department for Work and Pensions

24th April 2017

1

  • MK40.

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2

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3

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4

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18

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19

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25

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26

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27

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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. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/2321 (C. 99));

(b)

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

(c)

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 by paragraph (2) of articles 3 to 9 of this Order remove the restrictions on claiming UC included 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 to 9 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: 3rd, 10th, 17th and 24th May 2017; 7th, 14th and 28th June 2017, 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 10 to 12 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 the UC provisions were commenced under the No. 22 Order and the No. 24 Order for single UC claimants only. The consequential modifications by articles 11 and 12 to those Orders also make provision for claims by couples.

Article 13 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 paragraph (2) of articles 3 to 9 of this Order.