Article 8 Transitional provision where Secretary of State determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance

With effect from 16th June 2014, the No. 9 Order is amended by the insertion after article 5 of—

“Transitional provision where Secretary of State determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance

5A.

(1)

Where a person makes a claim for an employment and support allowance or a jobseeker’s allowance at a time when they would not be able to make a claim for universal credit by virtue of a determination under regulation 4(1) of the 2014 Transitional Regulations (claims for universal credit may not be made in an area or category of case), then—

(a)

in relation to a claim for an employment and support allowance, Part 1 of the 2007 Act and the Welfare Reform Act 2009^f1 are to apply as though the amending provisions and the provisions referred to in article 7(1)(c), (d) and (f) had not come into force in relation to the claim;

(b)

in relation to a claim for a jobseeker’s allowance, the 1995 Act, the Social Security Administration Act 1992^f2 and the Social Security Act 1998^f3 are to apply as though the amending provisions and the provisions referred to in article 7(1)(a), (b) and (e) had not come into force in relation to the claim.

(2)

Paragraph (1) does not apply in relation to a claim for an employment and support allowance or a jobseeker’s allowance that falls within article 4(2)(g) (claims for an employment and support allowance or a jobseeker’s allowance during specified periods with respect to a claim for universal credit, or an award of universal credit without a claim), or an analogous provision in any other order that brings into force the amending provisions.

(3)

For the purposes of this article, paragraphs (5) to (7) of article 5 apply for the purpose 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 is to be treated as made.”.