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
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/983 |
| Year | 2013 |
2013 No. 983 (C. 41)
Social Security
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
Made 24th April 2013
The Secretary of State, in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 20121, makes the following Order:
Citation
1. This Order may be cited as 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.
Interpretation
2.—(1) In this Order—
“the Act” means the Welfare Reform Act 2012 (apart from in Schedule 4);
“the 1995 Act” means the Jobseekers Act 19952;
“the 2007 Act” means the Welfare Reform Act 20073;
“the amending provisions” means the provisions referred to in article 4(1)(a) to (c);
“appointed day” means the day appointed for the coming into force of the amending provisions in accordance with article 4(3);
“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 19874;
“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 20135;
“contribution-based jobseeker’s allowance” means a contribution-based allowance under the 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based allowance;
“contributory employment and support allowance” means a contributory allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;
“the Decisions and Appeals Regulations 2013” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 20136;
“employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act;
“the ESA Regulations 2008” means the Employment and Support Allowance Regulations 20087;
“the ESA Regulations 2013” means the Employment and Support Allowance Regulations 20138;
“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 an allowance under the 1995 Act;
“the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations 19969;
“the JSA Regulations 2013” means the Jobseeker’s Allowance Regulations 201310;
“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 jobseeker’s allowance;
“old style ESA award” means an award of an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;
“old style JSA award” means a jobseeker’s allowance under the 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance;
“relevant districts” means the postcode districts specified in Schedule 1;
“the Transitional Regulations” means the Universal Credit (Transitional Provisions) Regulations 201311;
“the 2010 Transitional Regulations” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit)(Existing Awards)(No.2) Regulations 201012.
(2) For the purposes of this Order, a reference to a person falling within the Pathfinder Group is a reference to a person who meets the requirements of regulations 5 to 12 of the Transitional Regulations.
Day appointed for commencement of the universal credit provisions in Part 1 of the Act
3.—(1) 29th April 2013 is the day appointed for the coming into force of—
(a)
(a) sections 29 (delegation and contracting out), 37(1), (2), (8) and (9) (capability for work or work-related activity), 38 (information) and 39(1), (2), (3)(b) and (c) (couples) of the Act;
(b)
(b) the following paragraphs of Schedule 2 to the Act (universal credit: amendments) and section 31 of the Act (supplementary and consequential amendments) in so far as it relates to those paragraphs, in so far as they are not already in force—
(i) paragraphs 1, 2, 32 to 35, 37 to 42, 52 to 55 and 65;
(ii) paragraphs 4, 8, 10 to 23, 25 and 27 to 31 and paragraph 3 in so far as it relates to those paragraphs; and
(iii) paragraphs 44, 45, 47, 49, 50(2) and 50(1) in so far as it relates to 50(2), and paragraph 43 in so far as it relates to those paragraphs and sub-paragraphs; and
(c)
(c) paragraph 1 of Schedule 5 to the Act (universal credit and other working-age benefits) and section 35 of the Act in so far as it relates to that paragraph.
(2) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (3)(a) to (d) and any award that is made in respect of such a claim, and in relation to the case of an award referred to in paragraph (3)(e) or (f), is the day appointed in accordance with paragraph (4).
(3) The claims and awards referred to are—
(a)
(a) a claim for universal credit that is made or treated as made in respect of a period that begins on or after 29th April 2013 by a person who, on the day on which the claim is made or treated as made, resides in one of the relevant districts;
(b)
(b) a claim for universal credit that is made or treated as made by a person in respect of a period that begins on or after 29th April 2013 where—
(i) the person does not reside in one of the relevant districts on the day on which the claim is made or treated as made;
(ii) in connection with the claim, the person gives incorrect information regarding their residence in such a district; and
(iii) after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information;
(c)
(c) a claim for universal credit that is treated as made by a couple in the circumstances referred to in regulation 3(4) of the Transitional Regulations (entitlement to claim universal credit);
(d)
(d) a claim for universal credit by a former member of a couple that is made or treated as made in the circumstances referred to in regulation 3(2) of the Transitional Regulations (entitlement to claim universal credit), within the period of one month referred to in that provision;
(e)
(e) an award of universal credit that is made without a claim in the circumstances referred to in regulation 6(1) or (2) of the Claims and Payments Regulations 2013 (claims not required for entitlement to universal credit in some cases); and
(f)
(f) an award of universal credit that is made without a claim in the circumstances referred to in regulation 9(6), (7) or (10) the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple).
(4) The day appointed in relation to the cases of the claims and awards referred to in paragraph (2) is—
(a)
(a) in the case of a claim referred to in paragraph (3)(a) to (d), the first day of the period in respect of which the claim is made or treated as made;
(b)
(b) in the case of an award referred to in paragraph (3)(e) or (f), the first day on which a person is entitled to universal credit under that award.
(5) For the purposes of paragraph (3)(a) to (d), the Claims and Payments Regulations 2013 apply for the purpose of deciding—
(a)
(a) whether a claim for universal credit is made or is to be treated as made; and
(b)
(b) the day on which the claim is made or is to be treated as made.
(6) For the purposes of paragraph (4)(a), where the time for making a claim for universal credit is extended under regulation 26(2) of the Claims and Payments Regulations 2013, the reference to the first day of the period in respect of which the claim is made or treated as made is a reference to the first day of the period in respect of which the claim is, by reason of the operation of that provision, timeously made or treated as made.
Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance
4.—(1) The day appointed for the coming into force of—
(a)
(a) section 33(1)(a) and (b) and (2) of the Act (abolition of benefits);
(b)
(b) paragraphs 22 to 26 of Schedule 3 to the Act (abolition of benefits: consequential amendments) and section 33(3) of the Act in so far as it relates to those paragraphs; and
(c)
(c) the repeals in Part 1 of Schedule 14 to the Act (abolition of benefits superseded by universal credit) that are referred to in Schedule 3,
in relation to the case of a claim referred to in paragraph (2)(a) to (d) and any award that is made in respect of such a claim, and in relation to the case of an award referred to in paragraph (2)(e) and (f), is the day appointed in accordance with paragraph (3).
(2) The claims and awards referred...
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