The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014

Amendment of the No. 11 Order

6.—(1) Where article 3 applies, the No. 11 Order is amended as follows.

(2) In article 2(1) (interpretation)(1)—

(a)after the definition of “jobseeker’s allowance”, insert—

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

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

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

(3) In article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)(2)—

(a)for paragraph (2)(b) substitute—

“(b)a claim for universal credit where—

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 2 or a No. 3 relevant district 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;

(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 or meeting the gateway conditions and one or both of them does not or do not reside in such a district or does not or do not meet those conditions on the date on which the claim is made; and

(iii)after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence or meeting the gateway conditions.”; and

(b)for paragraph (6) (application of article 3A of the No. 9 Order) substitute—

“(6) Article 3A of the No. 9 Order applies in connection with a claim for universal credit where a single claimant, or, as the case may be, either or both of joint claimants, gives incorrect information regarding his or her (or their) residing in a No. 2 or a No. 3 relevant district 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.”.

(4) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)(3)—

(a)in paragraph (2)(a), after “is made” insert “or treated as made;

(b)for paragraph (2)(b) and (c) substitute—

“(b)a claim for universal credit where—

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 2 or a No. 3 relevant district 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;

(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 or meeting the gateway conditions and one or both of them does not or do not reside in such a district or does not or do not meet those conditions on the date on which the claim is made; and

(iii)after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence or meeting the gateway conditions;

(c)a claim for an employment and support allowance or a jobseeker’s allowance other than one referred to in sub-paragraph (a) that is made or treated as made during the relevant period by a single claimant of universal credit or by either of two joint claimants of universal credit who has or have made a claim for universal credit within sub-paragraph (a) or (b).”; and

(c)in paragraph (5)(a), for “or (b)” substitute “, (b)(i) or (ii)”.

(5) In article 5 (application of the No. 9 Order)(4), for “article 4(2)(a) and (b)” substitute “sub-paragraphs (a), (b) and (g) of article 4(2)”.