The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Citation

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017.

Interpretation

2.—(1) In this Order—

“claimant”—

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987(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;

“the May 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016(5);

“the September 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016(6);

“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(7);

“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(8);

“the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013(9);

“the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014(10);

“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015(11);

“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015(12);

“the No. 24 Order” means the Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015(13).

(2) In this Order, references to “designated postcodes”, by numbered “Part”, are to any postcode district or part-district in the corresponding numbered Part of the Schedule to this Order.

(3) For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(14) apply for the purpose of deciding—

(a)whether a claim for universal credit is made; and

(b)the date on which the claim is made.

(4) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (5) and (6), for the purposes 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 treated as made.

(5) Subject to paragraph (6), for the purposes of this Order—

(a)a person makes a claim for an employment and support allowance or a jobseeker’s allowance if that person takes any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and

(b)it is irrelevant that the effect of any provision of those Regulations is that, for the purposes of those Regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken.

(6) Where, by virtue of—

(a)regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987(15), in the case of a claim for an employment and support allowance; or

(b)regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations(16), in the case of a claim for a jobseeker’s allowance,

a claim for an employment and support allowance or a jobseeker’s allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (5)(a) is taken, the claim is treated as made on that earlier date.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 1st February 2017

3.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 1st February 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order(17), in respect of the Part 1 designated postcodes;

(b)articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order(18), in respect of the Part 2 designated postcodes;

(c)articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 22 Order(19), in respect of the Part 3 designated postcodes;

(d)articles 3(2)(b) and 4(2)(c) and (d) of the No. 24 Order, in respect of the Part 4 designated postcodes;

(e)articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order(20), in respect of the Part 5 designated postcodes;

(f)articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order(21), in respect of the Part 6 designated postcodes;

(g)articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 7 designated postcodes;

(h)articles 3(2)(m) and 4(2)(y) and (z) of the No. 24 Order(22), in respect of the Part 8 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th February 2017

4.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 8th February 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order(23), in respect of the Part 9 designated postcodes;

(b)articles 3(2)(j) and 4(2)(s) and (t) of the No. 24 Order(24), in respect of the Part 10 designated postcodes.

Modification of the No. 11, 22 and 24 Orders: removal of the gateway conditions from 22nd February 2017

5.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 22nd February 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(a) and 4(2)(a) of the No. 11 Order(25), in respect of the Part 11 designated postcodes;

(b)articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 12 designated postcodes;

(c)articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order(26), in respect of the Part 13 designated postcodes;

(d)articles 3(2)(j) and 4(2)(s) and (t) of the No. 22 Order(27), in respect of the Part 14 designated postcodes;

(e)articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order(28), in respect of the Part 15 designated postcodes;

(f)articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order, in respect of the Part 16 designated postcodes;

(g)articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 24 Order(29), in respect of the Part 17 designated postcodes;

(h)articles 3(2)(y) and 4(2)(ww) and (xx) of the No. 24 Order, in respect of the Part 18 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 8th March 2017

6.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 8th March 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order, in respect of the Part 19 designated postcodes;

(b)articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order(30), in respect of the Part 20 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 15th March 2017

7.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 15th March 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order, in respect of the Part 21 designated postcodes;

(b)articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 22 Order, in respect of the Part 22 designated postcodes;

(c)articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 24 Order, in respect of the Part 23 designated postcodes.

Modification of the No. 22 Order: removal of the gateway conditions from 22nd March 2017

8.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 22nd March 2017.

(2) Where this article applies, articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order have effect, with respect to a claimant residing in the Part 24 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 29th March 2017

9.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 29th March 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(c) and 4(2)(e) and (f) of the No. 22 Order, in respect of the Part 25 designated postcodes;

(b)articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order, in respect of the Part 26 designated postcodes;

(c)articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order, in respect of the Part 27 designated postcodes;

(d)articles 3(2)(y) and 4(2)(ww) and (xx) of the No. 24 Order, in respect of the Part 28 designated postcodes.

Modification of the No. 16 Order: removal of the gateway conditions from 5th April 2017

10.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 5th April 2017.

(2) Where this article applies, articles 3(2)(a) and 4(2)(a) of the No. 16 Order(31) have effect, with respect to a claimant residing in the Part 29 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted.

Modification of the No. 22 Order: removal of the gateway conditions from 12th April 2017

11.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 12th April 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(b) and 4(2)(c) and (d) of the No. 22 Order(32), in respect of the Part 30 designated postcodes;

(b)articles 3(2)(t) and 4(2)(mm) and (nn) of the No. 22 Order(33), in respect of the Part 31 designated postcodes.

Modification of the No. 22 and 24 Orders: removal of the gateway conditions from 19th April 2017

12.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 19th April 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order, in respect of the Part 32 designated postcodes;

(b)articles 3(2)(r) and 4(2)(ii) and (jj) of the No. 22 Order, in respect of the Part 33 designated postcodes;

(c)articles 3(2)(e) and 4(2)(i) and (j) of the No. 24 Order(34), in respect of the Part 34 designated postcodes.

Modification of the No. 11 and 13 Orders: removal of the gateway conditions from 26th April 2017

13.—(1) This article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made, on or after 26th April 2017.

(2) Where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted—

(a)articles 3(2)(a) and 4(2)(a) of the No. 11 Order, in respect of the Part 35 designated postcodes;

(b)articles 3(2)(a) and 4(2)(a) of the No. 13 Order(35), in respect of the Part 36 designated postcodes.

Modifications in consequence of removal of the gateway conditions: the No. 11 Order

14.—(1) This article applies in the case of a claim in relation to which provisions of the No. 11 Order are modified under articles 5(2)(a) or 13(2)(a).

(2) Where this article applies, the No. 11 Order has effect as though—

(a)in article 2(1) (interpretation), the definition of “gateway conditions” were omitted(36);

(b)in article 3(2)(b) (coming into force of the universal credit provisions and incorrect information)(37)—

(i)in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)in paragraph (ii), “or meeting the gateway conditions” and “or does not or do not meet those conditions” were omitted;

(iii)in paragraph (iii), “or meeting the gateway conditions” were omitted;

(c)in article 3(6) (article 3A of the No. 9 Order and incorrect information)(38), “or meeting the gateway conditions” were omitted in both places it occurs;

(d)in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker’s allowance and incorrect information)(39)—

(i)in paragraph (i), “or meeting the gateway conditions” and “or does not meet the gateway conditions” were omitted;

(ii)in paragraph (ii), “or meeting those conditions” and “or does not or do not meet those conditions” were omitted;

(iii)in paragraph (iii), “or meeting the gateway conditions” were omitted; and

(e)for article 4(7) (claims by couples) there were substituted—

“(7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the No. 9 Order (but as if the references in paragraph (1A) to Schedule 5 to the No. 9 Order were omitted).”.

Modifications in consequence of removal of the gateway conditions: the No. 13 Order

15.—(1) This article applies in the case of a claim in relation to which provisions of the No. 13 Order are modified under article 13(2)(b).

(2) Where this article applies, the modifications to the No. 13 Order made by article 6(2) of the May 2016 Order have effect.

Modifications in consequence of removal of the gateway conditions: the No. 16 Order

16.—(1) This article applies in the case of a claim in relation to which provisions of the No. 16 Order are modified under article 10(2).

(2) Where this article applies, the modifications to the No. 16 Order made by paragraph (2) of article 8 of the May 2016 Order have effect, apart from the modification made by sub-paragraph (c)(i) of that paragraph.

Modifications in consequence of removal of the gateway conditions: the No. 22 Order

17.—(1) This article applies in the case of a claim in relation to which provisions of the No. 22 Order are modified under—

(a)article 3(2)(a), (b) or (c);

(b)article 4(2)(a);

(c)article 5(2)(b), (c) or (d);

(d)article 6(2)(a);

(e)article 7(2)(a) or (b);

(f)article 8(2);

(g)article 9(2)(a);

(h)article 11(2)(a) or (b); or

(i)article 12(2)(a) or (b).

(2) Where this article applies, the modifications to the No. 22 Order made by article 14(2) of the September 2016 Order have effect.

Modifications in consequence of removal of the gateway conditions: the No. 24 Order

18.—(1) This article applies in the case of a claim in relation to which provisions of the No. 24 Order are modified under—

(a)article 3(2)(d), (e), (f), (g) or (h);

(b)article 4(2)(b);

(c)article 5(2)(e), (f), (g) or (h);

(d)article 6(2)(b);

(e)article 7(2)(c);

(f)article 9(2)(b), (c) or (d); or

(g)article 12(2)(c).

(2) Where this article applies, the modifications to the No. 24 Order made by article 15(2) of the September 2016 Order have effect.

Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit

19.  Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)(40) applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that Order included—

(a)a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 11 Order, in respect of claims in relation to which sub-paragraph (a) is modified by articles 5(2)(a) and 13(2)(a) of this Order;

(b)a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 13 Order, in respect of claims in relation to which sub-paragraph (a) is modified by article 13(2)(b) of this Order;

(c)a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 16 Order, in respect of claims in relation to which sub-paragraph (a) is modified by article 10(2) of this Order;

(d)a reference to paragraph (1) and sub-paragraphs (b), (e), (j), (n), (p), (r) and (t) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 11(2)(a), 5(2)(c), 5(2)(d), 3(2)(c), 7(2)(b), 12(2)(b) and 11(2)(b) of this Order;

(e)a reference to paragraph (1) and sub-paragraphs (c), (f), (h) and (i) of paragraph (2) of article 3 of the No. 22 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(b) and 9(2)(a), articles 3(2)(a) and 6(2)(a), articles 3(2)(b) and 12(2)(a) and articles 4(2)(a), 7(2)(a) and 8(2) of this Order;

(f)a reference to paragraph (1) and sub-paragraphs (b), (c), (e), (j), (m), (p), (s) and (t) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 3(2)(d), 3(2)(e), 12(2)(c), 4(2)(b), 3(2)(h), 6(2)(b), 5(2)(g) and 7(2)(c) of this Order; and

(g)a reference to paragraph (1) and sub-paragraphs (a), (h), (l) and (y) of paragraph (2) of article 3 of the No. 24 Order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(e) and 9(2)(b), articles 3(2)(f) and 9(2)(c), articles 3(2)(g) and 5(2)(f) and articles 5(2)(h) and 9(2)(d) of this Order.