The Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015

S.I. 2015/101 · Made 10 February 2015 · Extends to United Kingdom

Social Security

Made 10th February 2015

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 M1:C1

Annotations to the whole text

Marginal citations

M1: 2012 c. 5.

Modifications

C1: Order modified (18.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634), art. 8(1)(3)

1Citation
2Interpretation
3Day appointed for the coming into force of the universal credit provisions
4Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance
5Application of the No. 9 Order
6Modification of the Universal Credit (Digital Service) Amendment Regulations 2014 Repealed
7Technical amendment — numbering in the 2015 Amendment Order
Signature
Explanatory note

1Citation

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015.

2InterpretationC1 C2 C3 C4

(1)

In this Order—

“the 2015 Amendment Order” means the Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 M1;
“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) M2;
“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987 M3;
“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 M4;
2. (b)
  in relation to a jobseeker's allowance, has the same meaning as in the Jobseekers Act 1995 M5 (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 Act M6;
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007;
“First-tier Tribunal” has the same meaning as in the Social Security Act 1998 M7;
“Index of Relevant Districts” means the Index of Relevant Districts issued by the Department for Work and Pensions on 10th February 2015 M8;
“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 2013;
“Upper Tribunal” has the same meaning as in the Social Security Act 1998.

(2)

In this Order, “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order M9—

(a)

as that Schedule has effect apart from the amendments made by article 4(5)(b) of the 2015 Amendment Order;

(b)

as if that Schedule, as it has effect under sub-paragraph (a), were amended in accordance with paragraph (4) of this article; and

(c)

in relation to a case where a claim for universal credit, an employment and support allowance or a jobseeker's allowance is made or treated as made on or after 6th April 2015, as if, in paragraph 4(1) of that Schedule, as that Schedule has effect under sub-paragraph (b), for “£330” there were substituted “ £338 ”.

(3)

In this Order, references to numbered “relevant districts” are to the postcode districts and part-districts specified in the first column of the table in the Index of Relevant Districts corresponding to the number relating to those relevant districts that is specified in the third column of that table.

(4)

The amendments to Schedule 5 to the No. 9 Order (gateway conditions) referred to in sub-paragraph (2)(b) are—

(a)

after paragraph 1(a) (personal characteristics) M10 insert—

“(b)
a single person (where that expression has the meaning given by section 40 of the Act);”;

(b)

for paragraph 4 (income and capital) M11 substitute—

“
4
(1)
The claimant must declare that, during the period of one month starting with the date on which the claim for universal credit is made, the claimant's earned income is expected not to exceed £330.
(2)
The claimant's capital must not exceed £6,000.
(3)
For the purposes of this paragraph, “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations.”;

(c)

in paragraph 8 (declarations)—

(i)

in sub-paragraph (1) omit “, 4(2)”;

(ii)

omit sub-paragraph (2).

(5)

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 M12 apply for the purposes of deciding—

(a)

whether a claim for universal credit is made; and

(b)

the date on which such a claim is made.

(6)

For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (7) and (8), 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.

(7)

Subject to paragraph (8), 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.

(8)

Where, by virtue of—

(a)

regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987 M13, 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 Regulations M14, 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 (7)(a) is taken, the claim is treated as made on that earlier date.

3Day appointed for the coming into force of the universal credit provisionsC1 C2 C3 C4

(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 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—

C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16(a)

a claim for universal credit that is made on or after 16th February 2015 in respect of a period that begins on or after 16th February 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 29 relevant districts and meets the gateway conditions;

C17 C18 C19 C20 C21 C22 C23 C24(b)

a claim for universal credit that is made on or after 23rd February 2015 in respect of a period that begins on or after 23rd February 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 30 relevant districts and meets the gateway conditions;

C25 C26 C27 C28 C29 C30 C31 C32(c)

a claim for universal credit that is made on or after 2nd March 2015 in respect of a period that begins on or after 2nd March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 31 relevant districts and meets the gateway conditions;

C33 C34(d)

a claim for universal credit that is made on or after 9th March 2015 in respect of a period that begins on or after 9th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 32 relevant districts and meets the gateway conditions;

C35 C36 C37 C38 C39 C40 C41 C42 C43 C44 C45 C46 C47 C48(e)

a claim for universal credit that is made on or after 16th March 2015 in respect of a period that begins on or after 16th March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 33 relevant districts and meets the gateway conditions;

C49 C50 C51 C52 C53 C54 C55 C56 C57 C58(f)

a claim for universal credit that is made on or after 23rd March 2015 in respect of a period that begins on or after 23rd March 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 34 relevant districts and meets the gateway conditions;

C59 C60 C61 C62 C63 C64 C65 C66 C67 C68 C69 C70 C71 C72 C73 C74 C75 C76(g)

a claim for universal credit that is made on or after 13th April 2015 in respect of a period that begins on or after 13th April 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 35 relevant districts and meets the gateway conditions;

C77 C78 C79 C80 C81 C82 C83 C84 C85 C86 C87 C88 C89 C90 C91 C92(h)

a claim for universal credit that is made on or after 20th April 2015 in respect of a period that begins on or after 20th April 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 36 relevant districts and meets the gateway conditions;

C93 C94 C95 C96 C97 C98 C99 C100 C101 C102(i)

a claim for universal credit that is made on or after 27th April 2015 in respect of a period that begins on or after 27th April 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 37 relevant districts and meets the gateway conditions;

C103 C104 C105 C106 C107 C108 C109 C110 C111 C112(j)

a claim for universal credit that is made on or after 4th May 2015 in respect of a period that begins on or after 4th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 38 relevant districts and meets the gateway conditions;

C113 C114 C115(k)

a claim for universal credit that is made on or after 11th May 2015 in respect of a period that begins on or after 11th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 39 relevant districts and meets the gateway conditions;

C116 C117 C118 C119 C120 C121 C122 C123 C124 C125 C126 C127 C128(l)

a claim for universal credit that is made on or after 18th May 2015 in respect of a period that begins on or after 18th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 40 relevant districts and meets the gateway conditions;

C129 C130 C131 C132 C133(m)

a claim for universal credit that is made on or after 25th May 2015 in respect of a period that begins on or after 25th May 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 41 relevant districts and meets the gateway conditions;

C134 C135 C136 C137 C138 C139 C140 C141 C142 C143 C144 C145 C146 C147 C148 C149 C150(n)

a claim for universal credit that is made on or after 1st June 2015 in respect of a period that begins on or after 1st June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 42 relevant districts and meets the gateway conditions;

C151 C152 C153 C154 C155(o)

a claim for universal credit that is made on or after 8th June 2015 in respect of a period that begins on or after 8th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 43 relevant districts and meets the gateway conditions;

C156 C157 C158 C159 C160 C161(p)

a claim for universal credit that is made on or after 15th June 2015 in respect of a period that begins on or after 15th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 44 relevant districts and meets the gateway conditions;

C162 C163 C164 C165 C166 C167 C168(q)

a claim for universal credit that is made on or after 22nd June 2015 in respect of a period that begins on or after 22nd June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 45 relevant districts and meets the gateway conditions;

C169 C170 C171 C172 C173 C174 C175 C176 C177 C178 C179(r)

a claim for universal credit that is made on or after 29th June 2015 in respect of a period that begins on or after 29th June 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 46 relevant districts and meets the gateway conditions;

C180 C181 C182(s)

a claim for universal credit that is made on or after 6th July 2015 in respect of a period that begins on or after 6th July 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 47 relevant districts and meets the gateway conditions;

C183 C184 C185 C186 C187 C188 C189 C190 C191 C192 C193 C194 C195 C196 C197 C198(t)

a claim for universal credit that is made on or after 13th July 2015 in respect of a period that begins on or after 13th July 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 48 relevant districts and meets the gateway conditions;

C199 C200(u)

a claim for universal credit that is made on or after 20th July 2015 in respect of a period that begins on or after 20th July 2015 where, on the date on which the claim is made, the claimant resides in one of the No. 49 relevant districts and meets the gateway conditions;

(v)

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

(i)

the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question or meeting the gateway conditions and the claimant does not reside in such a district or does not meet the gateway conditions 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 or meeting the gateway conditions.

(3)

The day appointed in relation to a claim referred 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.

(5)

Article 3A of the No. 9 Order M1 applies in connection with a claim for universal credit where a claimant gives incorrect information regarding his or her residing in one of the No. 29, No. 30, No. 31, No. 32, No. 33, No. 34, No. 35, No. 36, No. 37, No. 38, No. 39, No. 40, No. 41, No. 42, No. 43, No. 44, No. 45, No. 46, No. 47, No. 48, or No. 49 relevant districts or meeting the gateway conditions, 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) or meeting the gateway conditions (as defined in the No. 9 Order) M2.

4Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowanceC1 C2 C3 C4 C5

(1)

The day appointed for the coming into force of the amending provisions, in relation to 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—

C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17(a)

a claim for universal credit that is made on or after 16th February 2015 in respect of a period that begins on or after 16th February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 29 relevant districts and meets the gateway conditions;

(b)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 16th February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 29 relevant districts and meets the gateway conditions;

C18 C19 C20 C21 C22 C23 C24 C25(c)

a claim for universal credit that is made on or after 23rd February 2015 in respect of a period that begins on or after 23rd February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 30 relevant districts and meets the gateway conditions;

(d)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 23rd February 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 30 relevant districts and meets the gateway conditions;

C26 C27 C28 C29 C30 C31 C32 C33(e)

a claim for universal credit that is made on or after 2nd March 2015 in respect of a period that begins on or after 2nd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 31 relevant districts and meets the gateway conditions;

(f)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 2nd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 31 relevant districts and meets the gateway conditions;

C34 C35(g)

a claim for universal credit that is made on or after 9th March 2015 in respect of a period that begins on or after 9th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 32 relevant districts and meets the gateway conditions;

(h)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 9th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 32 relevant districts and meets the gateway conditions;

C36 C37 C38 C39 C40 C41 C42 C43 C44 C45 C46 C47 C48 C49(i)

a claim for universal credit that is made on or after 16th March 2015 in respect of a period that begins on or after 16th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 33 relevant districts and meets the gateway conditions;

(j)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 16th March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 33 relevant districts and meets the gateway conditions;

C50 C51 C52 C53 C54 C55 C56 C57 C58 C59(k)

a claim for universal credit that is made on or after 23rd March 2015 in respect of a period that begins on or after 23rd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 34 relevant districts and meets the gateway conditions;

(l)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 23rd March 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 34 relevant districts and meets the gateway conditions;

C60 C61 C62 C63 C64 C65 C66 C67 C68 C69 C70 C71 C72 C73 C74 C75 C76 C77(m)

a claim for universal credit that is made on or after 13th April 2015 in respect of a period that begins on or after 13th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 35 relevant districts and meets the gateway conditions;

(n)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 13th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 35 relevant districts and meets the gateway conditions;

C78 C79 C80 C81 C82 C83 C84 C85 C86 C87 C88 C89 C90 C91 C92 C93(o)

a claim for universal credit that is made on or after 20th April 2015 in respect of a period that begins on or after 20th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 36 relevant districts and meets the gateway conditions;

(p)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 20th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 36 relevant districts and meets the gateway conditions;

C94 C95 C96 C97 C98 C99 C100 C101 C102 C103(q)

a claim for universal credit that is made on or after 27th April 2015 in respect of a period that begins on or after 27th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 37 relevant districts and meets the gateway conditions;

(r)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 27th April 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 37 relevant districts and meets the gateway conditions;

C104 C105 C106 C107 C108 C109 C110 C111 C112 C113(s)

a claim for universal credit that is made on or after 4th May 2015 in respect of a period that begins on or after 4th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 38 relevant districts and meets the gateway conditions;

(t)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 4th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 38 relevant districts and meets the gateway conditions;

C114 C115 C116(u)

a claim for universal credit that is made on or after 11th May 2015 in respect of a period that begins on or after 11th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 39 relevant districts and meets the gateway conditions;

(v)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 11th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 39 relevant districts and meets the gateway conditions;

C117 C118 C119 C120 C121 C122 C123 C124 C125 C126 C127 C128 C129(w)

a claim for universal credit that is made on or after 18th May 2015 in respect of a period that begins on or after 18th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 40 relevant districts and meets the gateway conditions;

(x)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 18th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 40 relevant districts and meets the gateway conditions;

C130 C131 C132 C133 C134(y)

a claim for universal credit that is made on or after 25th May 2015 in respect of a period that begins on or after 25th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 41 relevant districts and meets the gateway conditions;

(z)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 25th May 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 41 relevant districts and meets the gateway conditions;

C135 C136 C137 C138 C139 C140 C141 C142 C143 C144 C145 C146 C147 C148 C149 C150 C151(aa)

a claim for universal credit that is made on or after 1st June 2015 in respect of a period that begins on or after 1st June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 42 relevant districts and meets the gateway conditions;

(bb)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 1st June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 42 relevant districts and meets the gateway conditions;

C152 C153 C154 C155 C156(cc)

a claim for universal credit that is made on or after 8th June 2015 in respect of a period that begins on or after 8th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 43 relevant districts and meets the gateway conditions;

(dd)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 8th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 43 relevant districts and meets the gateway conditions;

C157 C158 C159 C160 C161 C162(ee)

a claim for universal credit that is made on or after 15th June 2015 in respect of a period that begins on or after 15th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 44 relevant districts and meets the gateway conditions;

(ff)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 15th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 44 relevant districts and meets the gateway conditions;

C163 C164 C165 C166 C167 C168 C169(gg)

a claim for universal credit that is made on or after 22nd June 2015 in respect of a period that begins on or after 22nd June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 45 relevant districts and meets the gateway conditions;

(hh)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 22nd June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 45 relevant districts and meets the gateway conditions;

C170 C171 C172 C173 C174 C175 C176 C177 C178 C179 C180(ii)

a claim for universal credit that is made on or after 29th June 2015 in respect of a period that begins on or after 29th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 46 relevant districts and meets the gateway conditions;

(jj)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 29th June 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 46 relevant districts and meets the gateway conditions;

C181 C182 C183(kk)

a claim for universal credit that is made on or after 6th July 2015 in respect of a period that begins on or after 6th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 47 relevant districts and meets the gateway conditions;

(ll)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 6th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 47 relevant districts and meets the gateway conditions;

C184 C185 C186 C187 C188 C189 C190 C191 C192 C193 C194 C195 C196 C197 C198 C199(mm)

a claim for universal credit that is made on or after 13th July 2015 in respect of a period that begins on or after 13th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 48 relevant districts and meets the gateway conditions;

(nn)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 13th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 48 relevant districts and meets the gateway conditions;

C200 C201(oo)

a claim for universal credit that is made on or after 20th July 2015 in respect of a period that begins on or after 20th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 49 relevant districts and meets the gateway conditions;

(pp)

a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 20th July 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 49 relevant districts and meets the gateway conditions;

(qq)

a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm) or (oo), in respect of a period that begins on or after that date, where—

(i)

(ii)

(rr)

a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraphs (b), (d), (f), (h), (j), (l), (n), (p), (r), (t), (v), (x), (z), (bb), (dd), (ff), (hh), (jj), (ll), (nn) or (pp) that is made or treated as made during the relevant period by a claimant of universal credit who has made a claim for universal credit within this paragraph.

(3)

The day appointed in relation to 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)(rr), the “relevant period” means, in relation to a claim for universal credit within 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 one of the sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm), (oo) or (qq)(i) of paragraph (2) 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 (6), (7), (9) and (10) of article 4 of the No. 9 Order M1 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 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).

(7)

Article 5(1)(a) of the No. 9 Order M2 applies for the purposes of the sub-paragraphs (relating to a claim for an employment and support allowance or a jobseeker's allowance) referred to in sub-paragraph (rr) as it applies for the purposes of article 4(2)(a) of the No. 9 Order.

(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.

5Application of the No. 9 Order

Articles 9 to 22 of the No. 9 Order M1 apply in connection with the coming into force of the amending provisions in relation to 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), (b) and (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

6Modification of the Universal Credit (Digital Service) Amendment Regulations 2014F1

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

7Technical amendment — numbering in the 2015 Amendment Order

(1)

Paragraph (2) applies in relation to a case where a claim for universal credit is made or treated as made, or an award of universal credit is made without a claim, on or after 11th February 2015.

(2)

Where this paragraph applies—

(a)

article 4(3) of the 2015 Amendment Order (paragraphs added to article 4 of the No. 9 Order) M1 is amended as follows—

(i)

the paragraph added as (8) is renumbered as paragraph (9);

(ii)

the paragraph added as (9) is renumbered as paragraph (10);

(iii)

in that paragraph (9) (as so renumbered), for “paragraph (9)” substitute “ paragraph (10) ”;

(iv)

in that paragraph (10) (as so renumbered), for “paragraph (8)” substitute “ paragraph (9) ”; and

(b)

in article 4(6) of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 M2, for “Paragraphs (6) to (9)” substitute “ Paragraphs (6), (7), (9) and (10) ”.

Signature

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

Freud

Parliamentary Under Secretary of State,

Department for Work and Pensions

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, in relation to the cases set out in articles 3 and 4.

Article 2 defines the gateway conditions, which are the requirements to be met to make a claim for UC. They are set out in Schedule 5 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 have effect apart from the amendments made by article 4(5)(b) of 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 (C.3)) (“the 2015 Amendment Order”). The 2015 Amendment Order removed the condition that a claimant must not, for the majority of cases, have responsibility for children or young persons. By article 2(2)(a), this Order applies that condition for claims made with respect to the areas to which this Order applies.

The gateway conditions are also modified by article 2(2)(b) and (4) to require that a claimant must be single (“the modified gateway conditions”).

Article 2(2)(c) has the effect that the same amendment is made to the modified gateway conditions as is made by the amendment to the gateway conditions in Schedule 5 by article 5(a)(i) of the 2015 Amendment Order. The amendment increases the maximum earnings threshold in the modified gateway conditions and takes effect, as does the amendment under the 2015 Amendment Order, on or after 6th April 2015 for claims made or treated as made on or after that date.

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 No. 9 Order, in relation to a number of different cases as set out below.

Under article 3(2)(a) to (u), 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 claim is made on or after a specified date with respect to a period that begins on or after that date and, on the date on which the claim is made, the claimant resides in a specified area and complies with the modified gateway conditions as set out in Schedule 5 to the No. 9 Order. The specified dates and areas are as follows–

(a)
16th February 2015: the No. 29 relevant districts;
(b)
23rd February 2015: the No. 30 relevant districts;
(c)
2nd March 2015: the No. 31 relevant districts;
(d)
9th March 2015: the No. 32 relevant districts;
(e)
16th March 2015: the No. 33 relevant districts;
(f)
23rd March 2015: the No. 34 relevant districts;
(g)
13th April 2015: the No. 35 relevant districts;
(h)
20th April 2015: the No. 36 relevant districts;
(i)
27th April 2015: the No. 37 relevant districts;
(j)
4th May 2015: the No. 38 relevant districts;
(k)
11th May 2015: the No. 39 relevant districts;
(l)
18th May 2015: the No. 40 relevant districts;
(m)
25th May 2015: the No. 41 relevant districts;
(n)
1st June 2015: the No. 42 relevant districts;
(o)
8th June 2015: the No. 43 relevant districts;
(p)
15th June 2015: the No. 44 relevant districts;
(q)
22nd June 2015: the No. 45 relevant districts;
(r)
29th June 2015: the No. 46 relevant districts;
(s)
6th July 2015: the No. 47 relevant districts;
(t)
13th July 2015: the No. 48 relevant districts;
(u)
20th July 2015: the No. 49 relevant districts.

The postcodes and part-postcodes in each of the numbered relevant districts are set out in the table contained in the document entitled Index to Relevant Districts, issued by the Department for Work and Pensions on the date of making of this Order. The postcodes and part-postcodes are set out in the first column of the table and cross-refer to the relevant number in the third column. The document is available alongside this Order in the libraries of both Houses of Parliament and may also be obtained free of charge from the UC Policy Division of the Department for Work and Pensions, Level 3E, Caxton House, 6-12 Tothill Street, London, SW1H 9NA, in hard copy, or from the Gov.UK website, in soft copy, at: https://www.gov.uk/government/publications/universal-credit-national-expansion.

Under article 3(2)(v), 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 the date specified in any of sub-paragraphs (a) to (u) of article 3(2), in respect of a period that begins on or after that date, and provides incorrect information regarding the claimant residing in the area specified in that sub-paragraph or meeting the modified gateway conditions, but this is only discovered once payments of UC have been made.

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.

Paragraphs (4) and (5) of article 3 apply the provisions of article 3(6) (period for which a claim for universal credit is made) and article 3A (incorrect information regarding entitlement to claim universal credit) of the No. 9 Order respectively to the cases in article 3(2) of this Order.

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

Under article 4(1) and sub-paragraphs (a), (c), (e), (g), (i), (k), (m), (o), (q), (s), (u), (w), (y), (aa), (cc), (ee), (gg), (ii), (kk), (mm) and (oo) of paragraph (2), 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 claim is made on or after the date specified in any of those sub-paragraphs with respect to a period that begins on or after that date and, on the date on which the claim is made, the claimant resides in the area specified in that sub-paragraph and complies with the modified gateway conditions. (The specified dates and areas are the same as those listed above in connection with the coming into force of the UC provisions).

Under article 4(1) and (2)(qq), 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 a claimant claims UC on or after the date specified in relation to a claim for UC within one of the sub-paragraphs of article 4(2) referred to in the previous paragraph in respect of a period that begins on or after that date and provides incorrect information regarding the claimant residing in the area specified in that sub-paragraph or meeting the modified gateway conditions, but this is only discovered once payments of UC have been made.

Under article 4(1) and sub-paragraphs (b), (d), (f), (h), (j), (l), (n), (p), (r), (t), (v), (x), (z), (bb), (dd), (ff), (hh), (jj), (ll) (nn) and (pp) of paragraph (2) (“the relevant ESA and JSA claiming provisions”), the amending provisions come into force in relation to a claim for ESA or JSA, and any award that is made in respect of the claim, where the claim is made on or after the date specified in any of those sub-paragraphs and, on the date on which the claim is made, the claimant resides in the area specified in that sub-paragraph and complies with the modified gateway conditions. (Again, the specified dates and areas are the same as those listed above in connection with the coming into force of the UC provisions).

Under article 4(1) and (2)(rr), the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim is not a claim for ESA or JSA as referred to in the relevant ESA and JSA claiming provisions and where the claim is made during the “relevant period” (mainly the period when a claim for UC is being considered or an award of UC is extant).

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.

Paragraphs (6) to (8) of article 4 (conversion of awards of incapacity benefit and severe disablement allowance, old-style ESA and JSA awards) apply the provisions of article 4(6), (7), (9) and (10), and article 5(1)(a) (interpretation of Schedule 5 to the No. 9 Order) and (8) (the period for which a claim for ESA, JSA or UC is made) of the No. 9 Order to the cases in article 4(2).

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

Article 6, with effect from 16th February 2015, modifies the Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887) so as those Regulations have effect as if they do not apply to the case of an award of UC made by virtue of this Order (unless one of the exceptions in regulation 5 of those Regulations applies).

Article 7 renumbers as (9) and (10) the paragraphs of article 4 of the No. 9 Order previously added as (8) and (9) by article 4(3) of the 2015 Amendment Order and makes consequential provisions. This corrects a drafting error, as paragraph (8) had already been added to article 4 of the No. 9 Order by article 7(2)(c)(ii) of the Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094 (C. 133)).

The Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015

Annotations to the whole text

Marginal citations

Modifications

Contents