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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