The Welfare Reform Act 2012 (Commencement No. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017
| Cited as: | SI 2017/483 |
| Jurisdiction: | England & Wales |
2017No. 483 (C. 44)
SOCIAL SECURITY
The Welfare Reform Act 2012 (Commencement No. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017
Made28thMarch2017
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012( 1):
Citation
1. This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017.
Amendment of 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
2.—(1) With effect from 6th April 2017, 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( 2) is amended as follows.
(2) In the opening words of paragraph (1) of article 5A (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)( 3), before “and where the amending provisions” insert “, or by virtue of regulation 39 of those Regulations (restriction on claims for universal credit during the interim period)( 4),”.
(3) In sub-paragraph (e)(ii) of paragraph (1) of article 6( 5), at the end insert “, or the claim is or would be one to which regulation 39 of those Regulations (restriction on claims for universal credit during the interim period) applies”.
Amendment of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015
3.—(1) With effect from 6th April 2017, the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015( 6) is amended as follows.
(2) In paragraph (11) of article 6 (transitional provision: claims for housing benefit, income support or a tax credit)( 7), after “regulation 4” insert “, or by virtue of regulation 39,”.
Signed by authority of the Secretary of State for Work and Pensions
28th March 2017 |
Damian Hinds Minister of State Department for Work and Pensions |
EXPLANATORY NOTE
(This note is not part of the Order)
Article 2 of this Order amends 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)), as it affects provisions of the Welfare Reform Act 2012 (c. 5)relating to the abolition of income-related employment and support allowance and income-based jobseeker's allowance (“the amending provisions”).
Regulation 39 of the Universal Credit (Transitional Provisions) Regulations 2014 ( S.I. 2014/1230), as inserted by the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 ( S.I. 2017/376), provides that no claim for universal credit may be made during the “interim period” (as defined in that regulation) by a person who is responsible for more than two children or qualifying young persons.
The amendments made by article 2 cause the amending provisions not to have effect where, if a person made a claim for universal credit, the claim would be one to which regulation 39 applies. Therefore, a person may instead make a claim for an income-related employment and support allowance or an income-based jobseeker's allowance.
Article 3 of this Order amends the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ( S.I. 2015/33 (C. 4)) to enable claims for housing benefit, income support or a tax credit to be made where a person is prevented from claiming universal credit by virtue of regulation 39.
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.
Provision |
Date of commencement |
S.I. Number |
Section 1 (partially) |
29th April 2013 |
2013/983 |
Section 1 (partially) |
1st July 2013 |
2013/1511 |
Section 1 (partially) |
29th July 2013 |
2013/1511 |
Section 1 (partially) |
28th October 2013 |
2013/2657 |
Section 1 (partially) |
25th November 2013 |
2013/2846 |
Section 1 (partially) |
24th February 2014 |
2014/209 |
Section 1 (partially) |
7th April 2014 |
2014/209 |
Section 1 (partially) |
23rd June 2014 |
2014/1583 |
Section 1 (partially) |
30th June 2014 |
2014/1583 |
Section 1 (partially) |
30th June 2014 |
2014/1661 |
Section 1 (partially) |
7th July 2014 |
2014/1583 |
Section 1 (partially) |
14th July 2014 |
2014/1583 |
Section 1 (partially) |
21st July 2014 |
2014/1583 |
Section 1 (partially) |
28th July 2014 |
2014/1583 |
Section 1 (partially) |
28th July 1014 |
2014/1923 |
Section 1 (partially) |
15th September 2014 |
2014/2321 |
Section 1 (partially) |
22nd September 2014 |
2014/2321 |
Section 1 (partially) |
29th September 2014 |
2014/2321 |
Section 1 (partially) |
6th October 2014 |
2014/2321 |
Section 1 (partially) |
13th October 2014 |
2014/2321 |
Section 1 (partially) |
20th October 2014 |
2014/2321 |
Section 1 (partially) |
27th October 2014 |
2014/2321 |
Section 1 (partially) |
3rd November 2014 |
2014/2321 |
Section 1 (partially) |
10th November 2014 |
2014/2321 |
Section 1 (partially) |
17th November 2014 |
2014/2321 |
Section 1 (partially) |
24th November 2014 |
2014/2321 |
Section 1 (partially) |
24th November 2014 |
2014/3067 |
Section 1 (partially) |
26th November 2014 |
2014/3094 |
Section 1 (partially) |
1st December 2014 |
2014/2321 |
Section 1 (partially) |
8th December 2014 |
2014/2321 |
Section 1 (partially) |
15th December 2014 |
2014/2321 |
Section 1 (partially) |
26th January 2015 |
2015/32 |
Section 1 (partially) |
28th January 2015 |
2015/33 |
Section 1 (partially) |
16th February 2015 |
2015/101 |
Section 1 (partially) |
23rd February 2015 |
2015/101 |
Section 1 (partially) |
2nd March 2015 |
2015/32 |
Section 1 (partially) |
2nd March 2015 |
2015/101 |
Section 1 (partially) |
9th March 2015 |
2015/101 |
Section 1 (partially) |
16th March 2015 |
2015/101 |
Section 1 (partially) |
18th March 2015 |
2015/634 |
Section 1 (partially) |
23rd March 2015 |
2015/101 |
Section 1 (partially) |
6th April 2015 |
2015/32 |
Section 1 (partially) |
6th April 2015 |
2015/101 |
Section 1 (partially) |
13th April 2015 |
2015/101 |
Section 1 (partially) |
20th April 2015 |
2015/101 |
Section 1 (partially) |
27th April 2015 |
2015/101 |
Section 1 (partially) |
4th May 2015 |
2015/101 |
Section 1 (partially) |
11th May 2015 |
2015/101 |
Section 1 (partially) |
18th May 2015 |
2015/101 |
Section 1 (partially) |
25th May 2015 |
2015/101 |
Section 1 (partially) |
1st June 2015 |
2015/101 |
Section 1 (partially) |
8th June 2015 |
2015/101 |
Section 1 (partially) |
10th June 2015 |
2015/634 |
Section 1 (partially) |
15th June 2015 |
2015/101 |
Section 1 (partially) |
22nd June 2015 |
2015/101 |
Section 1 (partially) |
29th June 2015 |
2015/101 |
Section 1 (partially) |
6th July 2015 |
2015/101 |
Section 1 (partially) |
13th July 2015 |
2015/101 |
Section 1 (partially) |
20th July 2015 |
2015/101 |
Section 1 (partially) |
21st September 2015 |
2015/1537 |
Section 1 (partially) |
28th September 2015 |
2015/1537 |
Section 1 (partially) |
5th October 2015 |
2015/1537 |
Section 1 (partially) |
12th October 2015 |
2015/1537 |
Section 1 (partially) |
19th October 2015 |
2015/1537 |
Section 1 (partially) |
26th October 2015 |
2015/1537 |
Section 1 (partially) |
2nd November 2015 |
2015/1537 |
Section 1 (partially) |
4th November 2015 |
2015/634 |
Section 1 (partially) |
9th November 2015 |
2015/1537 |
Section 1 (partially) |
16th November 2015 |
2015/1537 |
Section 1 (partially) |
23rd November 2015 |
2015/1537 |
Section 1 (partially) |
30th November 2015 |
2015/1537 |
Section 1 (partially) |
2nd December 2015 |
2015/1930 |
Section 1 (partially) |
7th December 2015 |
2015/1537 |
Section 1 (partially) |
14th December 2015 |
2015/1537 |
Section 1 (partially) |
11th January 2016 |
2015/1537 |
Section 1 (partially) |
18th January 2016 |
2015/1537 |
Section 1 (partially) |
25th January 2016 |
2015/1537 |
Section 1 (partially) |
27th January 2016 |
2016/33 |
Section 1 (partially) |
1st February 2016 |
2015/1537 |
Section 1 (partially) |
8th February 2016 |
2015/1537 |
Section 1 (partially) |
15th February 2016 |
2015/1537 |
Section 1 (partially) |
22nd February 2016 |
2015/1537 |
Section 1 (partially) |
24th February 2016 |
2016/33 |
Section 1 (partially) |
29th February 2016 |
2015/1537 |
Section 1 (partially) |
7th March 2016 |
2015/1537 |
Section 1 (partially) |
14th March 2016 |
2015/1537 |
Section 1 (partially) |
21st March 2016 |
2015/1537 |
Section 1 (partially) |
23rd March 2016 |
2016/407 |
Section 1 (partially) |
28th March 2016 |
2015/1537 |
Section 1 (partially) |
11th April 2016 |
2015/1537 |
Section 1 (partially) |
18th April 2016 |
2015/1537 |
Section 1 (partially) |
25th April 2016 |
2015/1537 |
Section 1 (partially) |
27th April 2016 |
2016/407 |
Section 2(1) (partially) |
As section 1 |
As section 1 |
Section 2(2) |
25th February 2013 |
2013/358 |
Section 3 (partially) |
As section 1 |
As section 1 |
Section 4(1) and (4) (partially) |
As section 1 |
As section 1 |
Section 4(2), (3) and (5) to (7) |
25th February 2013 |
2013/358 |
Section 5 (partially) |
25th February 2013 |
2013/358 |
Section 5 (partially) |
As section 1 |
As section 1 |
Section 6(1)(a) and (3) (partially) |
25th February 2013 |
2013/358 |
Section 6 (partially) |
As section 1 |
As section 1 |
Section 7(1) and (4) (partially) |
As section 1 |
As section 1 |
Section 7(2) and (3) |
25th February 2013 |
2013/358 |
Section 8 (partially) |
As section 1 |
As section 1 |
Section 8(3) (partially) |
25th February 2013 |
2013/358 |
Section 9(1) (partially) |
As section 1 |
As section 1 |
Sections 9(2) and (3), 10(2) to (5) and 11(3) to (5) |
25th February 2013 |
2013/358 |
Section 10(1) (partially) |
As section 1 |
As section 1 |
Section 11(1) and (2) (partially) |
As section 1 |
As section 1 |
Section 12(1) (partially) |
25th February 2013 |
2013/358 |
Section 12(1) and (2) (partially) |
As section 1 |
As section 1 |
Section 12(3) and (4) |
25th February 2013 |
2013/358 |
Section 13 (partially) |
As section 1 |
As section 1 |
Section 14 (partially) |
As section 1 |
As section 1 |
Section 14(5) (partially) |
25th... |
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