OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In this Order—

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

  • “the 1995 Act” means the Jobseekers Act 1995f1;

  • “the 2007 Act” means the Welfare Reform Act 2007f2;

  • “the amending provisions” means the provisions referred to in article 4(1)(a) to (c) of the No. 9 Order, as inserted by article 6 of this Order;

  • “claimant”, in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the 2007 Act and the 1995 Act (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) respectively and, 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;

  • “the Claims and Payments Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013f5;

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

  • “First-tier Tribunal” has the same meaning as in the Social Security Act 1998f6;

  • “income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under the 1995 Act;

  • “income-related employment and support allowance” means an income-related allowance under Part 1 of the 2007 Act;

  • “jobseeker’s allowance” means a jobseeker’s allowance under the 1995 Act;

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

  • “new style ESA award” means an award of an employment and support allowance under Part 1 of the 2007 Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;

  • “new style JSA award” means an award of a jobseeker’s allowance under the 1995 Act as amended by the provisions of Part 1 of Schedule 14 to the Act that remove references to an income-based allowance;

  • “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 2013f7;

  • “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 2013f8;

  • “the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013f9;

  • “the No. 14 Order” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013f10;

  • “the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014f11;

  • “relevant districts”, “No. 2 relevant districts”, “No. 3 relevant districts”, “No. 4 relevant districts”, “No. 5 relevant districts”, “No. 6 relevant districts” and “No. 7 relevant districts” have the respective meanings given in the No. 9 Order, the No. 11 Order (with respect to the No. 2 and No. 3 relevant districts), the No. 13 Order (with respect to the No. 4 relevant districts), the No. 14 Order (with respect to the No. 5 relevant districts) and the No. 16 Order (with respect to the No. 6 and No. 7 relevant districts);

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

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

(2)

For the purposes of this Order—

(a)

the Claims and Payments Regulations 2013 apply for the purpose of deciding—

(i)

whether a claim for universal credit is made; and

(ii)

the date on which the claim is made or is to be treated as made; and

(b)

where a couple is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations 2013, as making a claim for universal credit, references to the date on which the claim is treated as made are to the date of formation of the couple.

Annotations

Footnotes

f1

1995 c.18.

f2

2007 c.5.

f3

See section 40 of the Welfare Reform Act 2012 (c. 5) (“the Act”).

f4

S.I. 1987/1968.

f5

S.I. 2013/380.

f6

1998 c.14.

f7

S.I. 2013/983 (C. 41).

f8

S.I. 2013/1511 (C. 60).

f9

S.I. 2013/2657 (C. 107).

f10

S.I. 2013/2846 (C. 114).

f11

S.I. 2014/209 (C. 7).