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The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014

S.I. 2014/3067 · Made 17 November 2014

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 17th November 2014

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 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. 3Amendment of the No. 9, No. 11, No. 13, No. 14, No. 16, No. 17 and No. 19 Orders: cases to which the amendments apply
  4. 4Amendment of the No. 11 Order: the gateway conditions
  5. 5Amendment of the No. 17 Order: the gateway conditions
  6. 6Meaning of “claimant”: amendment of the No. 9, No. 11, No. 13, No. 14, No. 16, No. 17 and No. 19 Orders
  7. 7Amendment of the No. 9 Order: transitional provisions on waiting periods
  8. Signature
  9. Explanatory note

1Citation

This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2014.

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;

  • “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;

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

  • “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 2013f4;

  • “the No. 11 Order” means the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory 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. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014f9;

  • “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 2014f10;

  • “prescribed districts” means the relevant districts and the areas each of which is described by a number preceding the expression “relevant districts” as specified in article 2(1) of the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order and the No. 19 Order;

  • “relevant districts” has the same meaning as in the No. 9 Order;

  • “single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act.

(2)

For the purposes of this Order—

(a)

the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013f11 apply for the purpose of deciding—

(i)

whether a claim for universal credit is made; and

(ii)

the date on which such a claim is made; and

(b)

the Social Security (Claims and Payments) Regulations 1987f12 apply for the purpose of deciding—

(i)

whether a claim for an employment and support allowance or a jobseeker’s allowance is made; and

(ii)

the date on which such a claim is made or is to be treated as made.

3Amendment of the No. 9, No. 11, No. 13, No. 14, No. 16, No. 17 and No. 19 Orders: cases to which the amendments apply

Articles 4 to 6 apply where—

(a)

a claim is made for universal credit, an employment and support allowance or a jobseeker’s allowance and, on the date on which the claim is made or treated as made, the claimant resides in one of the prescribed districts; or

(b)

a claim for universal credit is made where—

(i)

in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a prescribed district and does not reside in such a district on the date on which the claim is made; or

(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 where the claim is made or treated as made on or after 24th November 2014.

4Amendment of the No. 11 Order: the gateway conditions

Where this article applies, article 2 (interpretation) of the No. 11 Order is amended as follows—

(a)

in paragraph (1)f1—

(i)

for the definition of “gateway conditions” substitute —

  • ““gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Orderf2 save that where, for the purposes of article 3(2) or 4(2)(a) or (b)f3, the claimant resides in one of the specified districts on the date on which the claim is made, it means those conditions as if the No. 9 Order were amended as referred to in paragraph (3);”; and

(ii)

after the definition of “single claimant” insert—

  • ““specified districts” means the following postcode districts and part-districts—

  • WA1 and WA2;

  • WA3 4 to WA3 7;

  • WA4 and WA5;

  • WA13 0;

  • WA13 9;”; and

(b)

after paragraph (2) insert—

“(3)

The amendments of the No. 9 Order referred to are—

(a)

in article 2(1)—

(i)

after the definition of “the Decisions and Appeals Regulations 2013” insert—

  • ““disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992f4;”; and

(ii)

after the definition of “old style JSA award” insert—

  • ““personal independence payment” means an allowance under Part 4 of the Act;”; and

(b)

in paragraph 6 of Schedule 5 (caring responsibilities)—

(i)

for sub-paragraph (1) substitute—

“(1)

There must not be a child or young person living with the claimant some or all of the time if the child or young person—

(a)

has been certified as severely sight impaired or blind by a consultant ophthalmologist;

(b)

is looked after by a local authority, within the meaning of section 22 of the Children Act 1989f5 or section 17(6) of the Children (Scotland) Act 1995f6, save where the child or young person is so looked after during any period referred to in regulation 4A(1)(a) of the Universal Credit Regulationsf7; or

(c)

is entitled to a disability living allowance or personal independence payment.”;

(ii)

for sub-paragraph (2)(a) substitute—

“(a)

be an adopter (within the meaning of the Universal Credit Regulationsf8) with whom a child has been placed within the period of 12 months ending immediately before the date on which the claim for universal credit is made or with whom a child is expected to be placed during the period of two months beginning with that date; or”;

(iii)

omit sub-paragraph (2)(c) and (d); and

(iv)

in sub-paragraph (3), at the end insert—

“;

(c)

“young person” means a person—

(i)

who is not a child but who is under the age of 20; and

(ii)

for whom the claimant would be responsible for the purposes of regulation 4 of the Universal Credit Regulations, if the person were a qualifying young person within the meaning of regulation 5 of those Regulations.”.”.

5Amendment of the No. 17 Order: the gateway conditions

Where this article applies, article 2 (interpretation) of the No. 17 Order is amended as follows—

(a)

in paragraph (1)f1—

(i)

for the definition of “gateway conditions” substitute —

  • ““gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order save that where, for the purposes of article 3(2)(e), (f), (k) or (l) or 4(2)(e), (f), (k) or (l)f2, the claimant resides in one of the No. 10 relevant districts, or in postcode part-district CH62 9, on the date on which the claim is made, it means those conditions as if the No. 9 Order were amended as referred to in paragraph (3);”; and

(b)

after paragraph (2) insert—

“(3)

The amendments of the No. 9 Order referred to are—

(a)

in article 2(1)—

(i)

after the definition of “the Decisions and Appeals Regulations 2013” insert—

  • ““disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992;”; and

(ii)

after the definition of “old style JSA award” insert—

  • ““personal independence payment” means an allowance under Part 4 of the Act;”; and

(b)

in paragraph 6 of Schedule 5 (caring responsibilities)—

(i)

for sub-paragraph (1) substitute—

“(1)

There must not be a child or young person living with the claimant some or all of the time if the child or young person—

(a)

has been certified as severely sight impaired or blind by a consultant ophthalmologist;

(b)

is looked after by a local authority, within the meaning of section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995, save where the child or young person is so looked after during any period referred to in regulation 4A(1)(a) of the Universal Credit Regulations; or

(c)

is entitled to a disability living allowance or personal independence payment.”;

(ii)

for sub-paragraph (2)(a) substitute—

“(a)

be an adopter (within the meaning of the Universal Credit Regulations) with whom a child has been placed within the period of 12 months ending immediately before the date on which the claim for universal credit is made or with whom a child is expected to be placed during the period of two months beginning with that date; or”;

(iii)

omit sub-paragraph (2)(c) and (d); and

(iv)

in sub-paragraph (3), at the end insert—

“;

(c)

“young person” means a person—

(i)

who is not a child but who is under the age of 20; and

(ii)

for whom the claimant would be responsible for the purposes of regulation 4 of the Universal Credit Regulations, if the person were a qualifying young person within the meaning of regulation 5 of those Regulations.”.”.

6Meaning of “claimant”: amendment of the No. 9, No. 11, No. 13, No. 14, No. 16, No. 17 and No. 19 Orders

(1)

Where this article applies, the No. 9 Order, the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order and the No. 19 Order are amended as follows.

(2)

In the No. 9 Order—

(a)

in article 2(1) (interpretation)f1, for the definition of claimant substitute—

  • ““claimant”—

    1. (a)

      in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007, save as mentioned in article 5(1A);

    2. (b)

      in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 1995 (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance), save as mentioned in article 5(1A);

    3. (c)

      in relation to universal credit, has the same meaning as in Part 1 of the Actf2;”; and

(b)

for article 5(1)f3 substitute—

“5

In determining, for the purposes of article 4(2)(a), whether a claim for an employment and support allowance or a jobseeker’s allowance meets the gateway conditions, Schedule 5 is to be read as though—

(a)

any reference in that Schedule to making a claim for universal credit included a reference to making a claim for an employment and support allowance or a jobseeker’s allowance as the case may be; and

(b)

the reference in paragraph 4 to a single claimant, or to joint claimants, of universal credit was a reference to a person who would be a single claimant of universal credit or to persons who would be joint claimants of universal credit, if the claimant of an employment and support allowance or a jobseeker’s allowance had made a claim for universal credit.

(1A)

For the purposes of article 4(2)(a), where a claim for an employment and support allowance or a jobseeker’s allowance is made by a couple or a member of a couple, any reference in article 4(2)(a) or Schedule 5 (save in paragraph 4 of that Schedule) to “the claimant” is a reference to each member of the couple.

(1B)

For the purposes of paragraph (1A), “couple” has the same meaning as it has in section 39 of the Act.”.

(3)

In article 2(1) of the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order and the No. 19 Order (interpretation)f4, for the definition of “claimant” substitute—

  • ““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);

    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);

    3. (c)

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

(4)

In the No. 11, No. 13, No. 14 and No. 16 Orders, for paragraph (7) of article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)f5 substitute—

“(7)

Paragraphs (1) to (1B) of article 5 of the No. 9 Orderf6 apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the No. 9 Order.”.

(5)

In the No. 17 Order, for paragraph (7) of article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance) substitute—

“(7)

Paragraphs (1) to (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a), (c), (e), (g), (i) and (k) as they apply for the purposes of article 4(2)(a) of the No. 9 Order.”.

(6)

In the No. 19 Order, for paragraph (7) of article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance) substitute—

“(7)

Paragraphs (1) to (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) to (n) as they apply for the purposes of article 4(2)(a) of the No. 9 Order.”.

7Amendment of the No. 9 Order: transitional provisions on waiting periods

With effect from 24th November 2014—

(a)

in articles 10(2)(gb), 11(2)(gb), 12(3)(b) and 13(3)(b)(i) of the No. 9 Order (transition from old style ESA to new style ESA and vice versa; transition from old style JSA to new style JSA and vice versa)f1, for “the second or third day of that period” substitute “a day between the second and the seventh day of that period (including the second and the seventh day)”; and

(b)

any reference in the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order, the No. 17 Order or the No. 19 Order to article 10, 11, 12 or 13 of the No. 9 Order is a reference to that article as amended by paragraph (a).

Signature

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

Esther McVey

Minister of State,

Department for Work and Pensions

17th November 2014

Explanatory note

(This note is not part of the Order)

This Order amends the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 (S.I. 2013/1511 (C. 60) (“the No. 11 Order”)) and the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583 (C. 61) (“the No. 17 Order”)) so as to modify the “gateway conditions” specified 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 (“the No. 9 Order”) by (in large part) removing the condition that a claimant must not have responsibility for children or young persons in a case where the claimant resides in certain postcode districts or part-districts covered by the No. 11 and No. 17 Orders.

The amendment has the effect that the provisions listed in Schedule 2 to the No. 9 Order (“the UC provisions”) will come into force where, on the date on which a claim for universal credit (UC) is made, the claimant resides in one of those postcode districts or part-districts and meets the modified gateway conditions.

The amendment also has the effect that the provisions in Part 1 of the Welfare Reform Act 2012 (c.5) that abolish income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”) will come into force where on the date on which a claim for UC, an employment and support allowance (ESA) or a jobseeker’s allowance (JSA) is made, the claimant resides in those postcode districts or part-districts and meets the modified gateway conditions.

This Order also clarifies the definition of “claimant” in the existing commencement orders under which the UC provisions and the amending provisions come into force and makes a technical amendment to certain transitional provisions concerning waiting periods.

Article 3 provides that the main case in which the amendments regarding the gateway conditions and the definition of “claimant” apply is where a claim is made for UC, ESA or JSA on or after 24th November 2014 and the claimant resides in one of the areas in relation to which the UC provisions and the amending provisions come into force under the existing commencement orders.

Articles 4 and 5 amend the definitions of “gateway conditions” in article 2(1) of the No. 11 and No. 17 Orders so that there is no longer a general condition that a claimant must not have responsibility for children and young persons. In its place is a condition that a claimant must not have responsibility for certain children and young persons (for example most children or young persons who are looked after by a local authority and children or young persons who are entitled to a disability living allowance or personal independence payment).

Article 6 substitutes for paragraph (1) of article 5 of the No. 9 Order new paragraphs (1), (1A) and (1B) which clarify the meaning of “claimant” in article 4(2)(a) of, and Schedule 5 to, the No. 9 Order where a person makes a claim for an employment and support allowance or a jobseeker’s allowance and is a member of a couple, and makes consequential changes to other existing commencement orders.

Article 7 amends provisions of the No. 9 Order consequent on changes made by the Social Security (Jobseeker’s Allowance and Employment and Support Allowance (Waiting Days) Regulations (S.I. 2014/2309) with respect to waiting days for entitlement to employment and support allowance and jobseeker’s allowance.