Citation

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

Interpretation

2.—(1) In this Order—

“the Act” means the Welfare Reform Act 2012;

“claimant”, in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007(2) and the Jobseekers Act 1995(3) (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 Act(4);

“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 2013(5);

“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 2013(6);

“the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013(7);

“the No. 14 Order” means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013(8);

“the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014(9);

“the No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014(10);

“relevant districts” has the meaning given in the No. 9 Order;

“No. 2 relevant districts” and “No. 3 relevant districts” have the meanings given in the No. 11 Order;

“No. 4 relevant districts” has the meaning given in the No. 13 Order;

“No. 5 relevant districts” has the meaning given in the No. 14 Order;

“No. 6 relevant districts” and “No. 7 relevant districts” have the meanings given in the No. 16 Order;

“No. 8 relevant districts”, No. 9 relevant districts”, “No. 10 relevant districts”, “No. 11 relevant districts”, “No. 12 relevant districts” and “No. 13 relevant districts” have the meanings given in the No. 17 Order;

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

“specified districts” means the relevant districts, No. 2 relevant districts, No. 3 relevant districts, No. 4 relevant districts, No. 5 relevant districts, No. 6 relevant districts, No. 7 relevant districts, No. 8 relevant districts, No. 9 relevant districts, No. 10 relevant districts, No. 11 relevant districts, No. 12 relevant districts and No. 13 relevant districts.

(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 2013(11) 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 1987(12) 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 the claim is made or is to be treated as made.

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

3.  This article applies in relation to a case 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 specified 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 specified district and does not reside in such a district 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 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

(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,

and where the claim is made or treated as made on or after 30th June 2014.

Amendment of the No. 9 Order

4.—(1) With effect from 30th June 2014, in article 2(1) of the No. 9 Order(13), for “joint claimant” substitute “joint claimants”.

(2) Where article 3 applies, the No. 9 Order is amended as set out in paragraphs (3) and (4).

(3) For paragraph (1) of article (3A) (incorrect information regarding residence in a relevant district or meeting the gateway conditions)(14) substitute—

“(1) This article applies where a claim for universal credit is made and it is subsequently discovered that the claimant gave incorrect information regarding his or her residing in a relevant district or meeting the gateway conditions and the conditions referred to in paragraph (1A) are met.

(1A) The conditions referred to are that, on the date on which the claim was made, the claimant—

(a)did not reside in a relevant district (unless paragraph (1B) applies); or

(b)did reside in a relevant district and did not meet the gateway conditions.

(1B) This paragraph applies where the claimant resided in an area apart from the relevant districts with respect to which the provisions of the Act referred to in Schedule 2 to the No. 9 Order were in force in relation to a claim for universal credit and the conditions (if any) that applied to such a claim, for those provisions to come into force, were met.” .

(4) In Schedule 5 (the gateway conditions)(15)—

(a)in paragraph 1(b) (personal characteristics), at the end insert “(where that expression has the meaning given by section 40 of the Act)”;

(b)in paragraph 3 (existing benefits)—

(i)for paragraphs (a) to (c) of sub-paragraph (1) substitute—

“(a)old style ESA;

(b)old style JSA;

(c)income support;”;

(ii)omit sub-paragraph (2);

(iii)in sub-paragraph (3), for paragraph (a) substitute—

“(a)a decision on a claim for—

(i)any benefit mentioned in sub-paragraph (1)(a) to (c);

(ii)a tax credit; or

(iii)housing benefit;”; and

(iv)omit sub-paragraphs (5) and (6);

(c)in paragraph 4 (income and capital), for sub-paragraphs (1) and (2) substitute—

“(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.”;

(d)in paragraph 6(2)(a) (caring responsibilities), for “two weeks” substitute “two months”;

(e)in paragraph 7 (other requirements)—

(i)for sub-paragraph (a) substitute—

“(a)must not be carrying on a trade, profession or vocation in respect of which he or she receives self-employed earnings (within the meaning of regulation 57 of the Universal Credit Regulations) and must declare that he or she does not expect to carry on such a trade, profession or vocation during the period of one month starting with the date on which the claim for universal credit is made;”;

(ii)at the end insert—

“;

(f)must not be—

(i)a company director, within the meaning of the Companies Act 2006(16); or

(ii)a member of a limited liability partnership, within the meaning of the Limited Liability Partnerships Act 2000(17).”; and

(f)in paragraph 8 (declarations), for “Any” substitute “A”.

(5) Where article 3 applies (save where the contrary intention is expressed), in the No. 11, No. 13, No. 14, No. 16 and No. 17 Orders, any reference to article 3A of, or Schedule 5 to, the No. 9 Order is a reference to that article or Schedule as amended by paragraphs (3) and (4).

Amendment of the No. 11 Order

5.  With effect from 30th June 2014, the No. 11 Order is amended as follows—

(a)in article 2(1) (interpretation)(18), in the definition of “gateway conditions” for “referred to” substitute “specified”;

(b)in article 3(3) (day appointed for commencement of the universal credit provisions in Part 1 of the Act), omit “or treated as made”; and

(c)in article 4(5)(a) (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)(19), for “or (b)” substitute “or (b)(i)”.

Amendment of the No. 13 Order

6.—(1) With effect from 30th June 2014, the No. 13 Order is amended as follows—

(a)in article 2(1) (interpretation)(20), in the definition of “claimant”, for “2007 Act” substitute “Welfare Reform Act 2007” and for “1995 Act” substitute “Jobseekers Act 1995”; and

(b)in article 3(3) (day appointed for commencement of the universal credit provisions in Part 1 of the Act), omit “or treated as made”.

(2) Where article 3 applies, the No. 13 Order is amended as set out in paragraphs (3) to (6).

(3) In article 2 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “gateway conditions” substitute—

““gateway conditions” means, subject to paragraph (4), the conditions specified in Schedule 5 to the No. 9 Order as if the amendments referred to in paragraph (3) were made;”;

(ii)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

(iii)after the definition of “the No. 9 Order” insert—

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

(b)after paragraph (2) insert—

“(3) The amendments of Schedule 5 to the No. 9 Order referred to are—

(a)omit paragraph 1(b);

(b)for paragraph 4 substitute—

“4.—(1) If the claimant is a single claimant, 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) If the claim for universal credit is made by a couple as joint claimants, they must declare that, during the period of one month starting with the date on which the claim is made—

(a)in relation to each member of the couple, the earned income of that member is expected not to exceed £330; and

(b)the couple’s total earned income is expected not to exceed £525.

(3) If the claimant is a single claimant and is not a member of a couple, the claimant’s capital must not exceed £6,000.

(4) If the claimant is a single claimant and is a member of a couple, the couple’s total capital must not exceed £6,000.

(5) If the claim for universal credit is made by a couple as joint claimants, the couple’s total capital must not exceed £6,000.

(6) For the purposes of this paragraph, “couple” has the same meaning as it has in section 39 of the Act and “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations.”; and

(c)paragraph 8 becomes sub-paragraph (1) of paragraph 8 and—

(i)in sub-paragraph (1) (as so numbered), after “4(1)” insert “, 4(2)”; and

(ii)after sub-paragraph (1) (as so numbered), insert—

“(2) A declaration which is required by paragraph 4(2) in relation to a couple may be made on behalf of the couple by both members of the couple or by either of them.”.

(4) Where, for the purposes of article 3(2), 4(2)(a) or (b), a claimant resides in one of the postcode part-districts WN1 3 or M35 5 on the date on which the claim for universal credit, an employment and support allowance or a jobseeker’s allowance is made, for the purposes of this Order the “gateway conditions” means the conditions referred to in Schedule 5 to the No. 9 Order as if that Schedule was not amended as referred to in paragraph (3).”.

(4) In article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)(21)—

(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. 4 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) 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. 4 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, but as if article 3A was amended as follows—

(a)for paragraph (1) substitute—

“(1) This article applies where a claim for universal credit is made and it is subsequently discovered that the single claimant or either or both of two joint claimants gave incorrect information regarding his or her (or their) residing in a No. 4 relevant district or meeting the gateway conditions and the conditions referred to in paragraph (1A) are met.

(1A) The conditions referred to are that, on the date on which the claim was made, the claimant—

(a)did not reside in a No. 4 relevant district (unless paragraph (1B) applies); or

(b)did reside in a No. 4 relevant district and did not meet the gateway conditions.

(1B) This paragraph applies where the claimant resided in an area apart from the No. 4 relevant district with respect to which the provisions of the Act referred to in Schedule 2 to the No. 9 Order were in force in relation to a claim for universal credit and the conditions (if any) that applied to such a claim, for those provisions to come into force, were met.”; and

(b)in paragraph (2)(b), (c) and (d), after “the claimant”, where it first occurs, insert “(or, in the case of joint claimants, either of them)”.”.

(5) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)(22)—

(a)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. 4 relevant district or meeting the gateway conditions and 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 those 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 that does not fall within sub-paragraph (a) and that is 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).”;

(b)in paragraph (5)(a), for “or (b)” substitute “, (b)(i) or (ii)”; and

(c)for paragraph (7) substitute—

“(7) In determining, for the purposes of paragraph (2)(a), whether a claim for an employment and support allowance or a jobseeker’s allowance meets the gateway conditions, Schedule 5 to the No. 9 Order, as it has effect under article 2(1), is to be read as though—

(a)any reference in the 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 of Schedule 5 (as substituted by article 2(3)) to a single claimant, or to joint claimants, of universal credit was construed as 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.”.

(6) In article 6 (application of the No. 9 Order)(23), for “article 4(2)(a) and (b)” substitute “sub-paragraphs (a), (b) and (g) of article 4(2)”.

Amendment of the No. 14 Order

7.—(1) With effect from 30th June 2014, the No. 14 Order is amended as follows—

(a)in article 2(1) (interpretation)(24), in the definition of “claimant”, for “2007 Act” substitute “Welfare Reform Act 2007” and for “1995 Act” substitute “Jobseekers Act 1995”; and

(b)in article 3(3) (day appointed for commencement of the universal credit provisions in Part 1 of the Act), omit “or treated as made”.

(2) Where article 3 applies, the No. 14 Order is amended as set out in paragraphs (3) to (6).

(3) In article 2 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “gateway conditions” substitute—

““gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order as if the amendments referred to in paragraph (3) were made;”;

(ii)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

(iii)after the definition of “the No. 9 Order” insert—

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

(b)after paragraph (2) insert—

“(3) The amendments of Schedule 5 to the No. 9 Order referred to are—

(a)omit paragraph 1(b);

(b)for paragraph 4 substitute—

“4.—(1) If the claimant is a single claimant, 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) If the claim for universal credit is made by a couple as joint claimants, they must declare that, during the period of one month starting with the date on which the claim is made—

(a)in relation to each member of the couple, the earned income of that member is expected not to exceed £330; and

(b)the couple’s total earned income is expected not to exceed £525.

(3) If the claimant is a single claimant and is not a member of a couple, the claimant’s capital must not exceed £6,000.

(4) If the claimant is a single claimant and is a member of a couple, the couple’s total capital must not exceed £6,000.

(5) If the claim for universal credit is made by a couple as joint claimants, the couple’s total capital must not exceed £6,000.

(6) For the purposes of this paragraph, “couple” has the same meaning as it has in section 39 of the Act and “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations.”; and

(c)paragraph 8 becomes sub-paragraph (1) of paragraph 8 and—

(i)in sub-paragraph (1) (as so numbered), after “4(1)” insert “, 4(2)”; and

(ii)after sub-paragraph (1) (as so numbered), insert—

“(2) A declaration which is required by paragraph 4(2) in relation to a couple may be made on behalf of the couple by both members of the couple or by either of them.”.”.

(4) In article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)(25)—

(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. 5 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) 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. 5 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, but as if article 3A was amended as follows—

(a)for paragraph (1) substitute—

(1) This article applies where a claim for universal credit is made and it is subsequently discovered that the single claimant or either or both of two joint claimants gave incorrect information regarding his or her (or their) residing in a No. 5 relevant district or meeting the gateway conditions and the conditions referred to in paragraph (1A) are met.

(1A) The conditions referred to are that, on the date on which the claim was made, the claimant—

(a)did not reside in a No. 5 relevant district (unless paragraph (1B) applies); or

(b)did reside in a No. 5 relevant district and did not meet the gateway conditions.

(1B) This paragraph applies where the claimant resided in an area apart from the No. 5 relevant district with respect to which the provisions of the Act referred to in Schedule 2 to the No. 9 Order were in force in relation to a claim for universal credit and the conditions (if any) that applied to such a claim, for those provisions to come into force, were met.”; and

(b)in paragraph (2)(b), (c) and (d), after “the claimant”, where it first occurs, insert “(or, in the case of joint claimants, either of them)”.”.

(5) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)(26)—

(a)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. 5 relevant district or meeting the gateway conditions and 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 those 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 that does not fall within sub-paragraph (a) and that is 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).”;

(b)in paragraph (5)(a), for “or (b)” substitute “, (b)(i) or (ii)”; and

(c)for paragraph (7) substitute—

“(7) In determining, for the purposes of paragraph (2)(a), whether a claim for an employment and support allowance or a jobseeker’s allowance meets the gateway conditions, Schedule 5 to the No. 9 Order, as it has effect under article 2(1), is to be read as though—

(a)any reference in the 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 of Schedule 5 to a single claimant, or to joint claimants, of universal credit was construed as 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.”.

(6) In article 5 (application of the No. 9 Order)(27), for “article 4(2)(a) and (b)” substitute “sub-paragraphs (a), (b) and (g) of article 4(2)”.

Amendment of the No. 16 Order

8.—(1) With effect from 30th June 2014, the No. 16 Order is amended as follows—

(a)in article 2(1) (interpretation)(28), in the definition of “claimant”, for “2007 Act” substitute “Welfare Reform Act 2007” and for “1995 Act” substitute “Jobseekers Act 1995”; and

(b)in article 3(3) (day appointed for commencement of the universal credit provisions in Part 1 of the Act), omit “or treated as made”.

(2) Where article 3 applies, the No. 16 Order is amended as set out in paragraphs (3) to (6).

(3) In article 2 (interpretation)—

(a)in paragraph (1)—

(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 articles 3(2) and 4(2)(a) and (b), the claimant resides in a No. 6 relevant district on the date on which the claim is made, it means those conditions as if the amendments referred to in paragraph (3) were made;”;

(ii)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

(iii)after the definition of “the No. 9 Order” insert—

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

(b)after paragraph (2) insert—

“(3) The amendments of Schedule 5 to the No. 9 Order referred to are—

(a)omit paragraph 1(b);

(b)for paragraph 4 substitute—

“4.—(1) If the claimant is a single claimant, 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) If the claim for universal credit is made by a couple as joint claimants, they must declare that, during the period of one month starting with the date on which the claim is made—

(a)in relation to each member of the couple, the earned income of that member is expected not to exceed £330; and

(b)the couple’s total earned income is expected not to exceed £525.

(3) If the claimant is a single claimant and is not a member of a couple, the claimant’s capital must not exceed £6,000.

(4) If the claimant is a single claimant and is a member of a couple, the couple’s total capital must not exceed £6,000.

(5) If the claim for universal credit is made by a couple as joint claimants, the couple’s total capital must not exceed £6,000.

(6) For the purposes of this paragraph, “couple” has the same meaning as it has in section 39 of the Act and “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations.”; and

(c)paragraph 8 becomes sub-paragraph (1) of paragraph 8 and—

(i)in sub-paragraph (1) (as so numbered), after “4(1)” insert “, 4(2)”; and

(ii)after sub-paragraph (1) (as so numbered), insert—

“(2) A declaration which is required by paragraph 4(2) in relation to a couple may be made on behalf of the couple by both members of the couple or by either of them.”.”.

(4) In article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)(29)—

(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. 6 or a No. 7 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) 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. 6 or a No. 7 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, but as if article 3A was amended as follows—

(a)for paragraph (1) substitute—

“(1) This article applies where a claim for universal credit is made and it is subsequently discovered that the single claimant or either or both of two joint claimants gave incorrect information regarding his or her (or their) residing in a No. 6 or a No. 7 relevant district or meeting the gateway conditions and the conditions referred to in paragraph (1A) are met.

(1A) The conditions referred to are that, on the date on which the claim was made, the claimant—

(a)did not reside in a No. 6 or a No. 7 relevant district (unless paragraph (1B) applies); or

(b)did reside in a No. 6 or a No. 7 relevant district and did not meet the gateway conditions.

(1B) This paragraph applies where the claimant resided in an area apart from the No. 6 and the No. 7 relevant districts with respect to which the provisions of the Act referred to in Schedule 2 to the No. 9 Order were in force in relation to a claim for universal credit and the conditions (if any) that applied to such a claim, for those provisions to come into force, were met.”; and

(b)in paragraph (2)(b), (c) and (d), after “the claimant”, where it first occurs, insert “(or, in the case of joint claimants, either of them)”.”.

(5) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance)(30)—

(a)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. 6 or a No. 7 relevant district or meeting the gateway conditions and 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 those 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 that does not fall within sub-paragraph (a) and that is 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).”;

(b)in paragraph (5)(a), for “or (b)” substitute “, (b)(i) or (ii)”; and

(c)for paragraph (7) substitute—

“(7) In determining, for the purposes of paragraph (2)(a), whether a claim for an employment and support allowance or a jobseeker’s allowance meets the gateway conditions, Schedule 5 to the No. 9 Order, as it has effect under article 2(1), is to be read as though—

(a)any reference in the 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 of Schedule 5 (as substituted by article 2(3)) to a single claimant, or to joint claimants, of universal credit was construed as 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.”.

(6) In article 5 (application of the No. 9 Order)(31), for “sub-paragraphs (a) and (b) of article 4(2)” substitute “sub-paragraphs (a), (b) and (g) of article 4(2)”.

Amendment of the No. 17 Order

9.  With effect from 30th June 2014, in article 2(1) (interpretation) of the No. 17 Order(32), after the definition of “the amending provisions” insert—

““claimant”, in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007 and 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) respectively and, in relation to universal credit, has the same meaning as in Part 1 of the Act;”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Orders set out below, which make provision for the coming into force of the universal credit (“UC”) provisions in Part 1 of the Welfare Reform Act 2012 (c.5) (“UC provisions”) and the provisions in that Part that abolish income-related employment and support allowance and income-based jobseeker’s allowance (“amending provisions”). The main amendments will apply where claims for UC or for an employment and support allowance (“ESA”) or a jobseeker’s allowance (“JSA”) are made on or after 30th June 2014, in relation to areas where claims for UC may currently be made.

Where entitlement to ESA or JSA arises under Part 1 of the Welfare Reform Act 2007 (c.5) or the Jobseekers Act 1995 (c.18) as amended by the amending provisions, the contributory-only benefit is referred to as “new style ESA” or “new style JSA”. Where entitlement to ESA or JSA arises under Part 1 of the Welfare Reform Act 2007 (c.5) or the Jobseekers Act 1995 (c. 18) as they have effect apart from the amending provisions, the benefit is referred to as “old style ESA” or an “old style JSA”.

The Orders affected (“the relevant Orders”) and the areas covered by each Order (specified in the Schedule to each Order) are—

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”: covers the “relevant districts”);

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”: covers the “No. 2 and No. 3 relevant districts”);

The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657 (C. 107) (“the No. 13 Order”: covers the “No. 4 relevant districts”);

The Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2846 (C. 114) (“the No. 14 Order”: covers the “No. 5 relevant districts”);

The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209) (C. 7) (“the No. 16 Order”: covers the “No. 6 and No.7 relevant districts”);

The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209) (C. 7) (“the No. 16 Order”: covers the “No. 8 relevant districts”, “No. 9 relevant districts”, “No. 10 relevant districts”, “No. 11 relevant districts”, “No. 12 relevant districts” and “No. 13 relevant districts”);

Article 3 provides that that article applies where a claim for UC, ESA or JSA is made on or after 30th June 2014 and the claimant resides (or purports to reside) in one of the above districts.

Article 4 of this Order amends Schedule 5 to the No. 9 Order (gateway conditions) where article 3 of this Order applies. The main changes are—

The article also provides that, in relation to the cases covered by article 3, any reference in the other relevant Orders to Schedule 5 to the No. 9 Order is to be construed as a reference to that Schedule as amended by article 4.

Articles 6, 7 and 8 amend the No. 13 Order, the No. 14 Order and the No. 16 Order respectively so that, for claims made with respect to certain areas where article 3 applies, the gateway conditions are treated as though the condition that a claimant must be a single person is removed.

This means that, in those cases, claims for UC may be made by a couple as joint claimants, where both members of the couple reside in one of the relevant areas and meet the other gateway conditions. It also means that any claim for ESA or JSA by a member of a couple, where that member resides in one of the relevant areas and meet the other gateway conditions, will be a claim for new style ESA or new style JSA.

In particular, in article 6—

Article 7 makes similar provision to article 6 with respect to the No. 14 Order (which relates to claims for UC, ESA and JSA where a claimant resides in a No. 5 relevant district).

Article 8 makes similar provision to article 6 with respect to the No. 16 Order (which relates to claims for UC, ESA and JSA where a claimant resides in a No. 6 or a No. 7 relevant district) save that the condition that a claimant must be single is only removed in relation to claims for UC, ESA or JSA where a claimant resides (or purports to reside) in a No. 6 relevant district.

Article 9 makes a technical change to the No. 17 Order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare Reform Act 2012 (c.5) were brought into force by a Statutory Instrument which was made before this Order was made.