The Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/167 |
| Year | 2019 |
(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019.(2) In this Order—The day appointed for the coming into force of section 33(1) (f) of the Act (abolition of tax credits) and the repeal of Part 1 of the 2002 Act (but not Schedule 1 or 3) , by Part 1 of Schedule 14 to the Act, is 1st February 2019. (1) Section 33(1) (f) of the Act, and the repeal of Part 1 of the 2002 Act (but not Schedule 1 or 3) by Part 1 of Schedule 14 to the Act, shall be treated as though they had not come into force, in relation to a case as referred to in paragraph (2) , (3) , (4) , (5) or (9) .(2) The case referred to is the case of an award of a tax credit that has effect for a period that includes 31st January 2019.a single claimant who is, or a couple both members of which are, aged under the qualifying age on the day that the claim is made;a mixed-age couple which is also a UC couple on that day; orUC joint claimants and one or more UC single claimants; ora number of UC single claimants.a mixed-age couple apart from one referred to in paragraph (3) (b) ; ora polygamous unit apart from one referred to in paragraph (3) (c) ,an award of child tax credit where the period for which it has effect begins on or after 1st February 2019 and where, on the day on which the claimant or claimants of the award makes or make the claim for it, he or she (or they) has or have an award of working tax credit;an award of working tax credit where the period for which it has effect begins on or after 1st February 2019 and where, on the day on which the claimant or claimants of the award makes or make the claim for it, he or she (or they) has or have an award of child tax credit;an award of child tax credit or working tax credit where the period for which it has effect begins on or after 1st February 2019 and where the claimant or claimants who makes or make the claim for the award had an award of the same type of tax credit for the previous tax year to the tax year for which the award is made.a person is to be treated as having an award of working tax credit with effect from the start of a tax year (“current tax year”) even though a decision has not been made under section 14 of the 2002 Act in respect of a claim for that tax credit for that tax year, if the person had an award of working tax credit for the previous tax year and any of the cases specified in paragraph (7) applies; anda person is to be treated as having an award of child tax credit with effect from the start of a tax year (“current tax year”) even though a decision has not been made under section 14 of the 2002 Act in respect of a claim for that tax credit for that tax year, if the person had an award of child tax credit for the previous tax year and any of the cases specified in paragraph (7) applies.a final notice has not been given to the person under section 17 of the 2002 Act in respect of that previous tax year;the date specified in the notice for the purposes of section 17(2) and (4) or, where different dates are specified, the later of them, has not yet passed and no claim for a tax credit for the current tax year has been made, or treated as made; ora claim for a tax credit has been made, or treated as made, on or before the date mentioned in paragraph (i) , but no decision has been made in relation to that claim under section 14(1) of the 2002 Act;a final notice has been given, no claim for a tax credit for the current tax year has been made, or treated as made, and no decision has been made under section 18(1) of the 2002 Act in respect of entitlement to a tax credit for the previous tax year;by
- “the Act” means the Welfare Reform Act 2012;
- “the 2002 Act” means the Tax Credits Act 2002 ;
- “the 2015 Order (N.I.) ” means the Welfare Reform (Northern Ireland) Order 2015 ;
- “the No. 8 Order (N.I.) ” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017 ;
- “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 ;
- “the No. 21 Order” means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 ;
- “the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 ;
- “the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 1987 ;
- “couple” means a couple as defined in section 3(5A) of the 2002 Act ;
- “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-claim couple” has the same meanings as in the Jobseeker's Act 1995;
- “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006 ;
- “mixed-age couple” means a couple, one member of which has attained the qualifying age and the other of which has not;
- “polygamous unit” means a polygamous unit within the meaning of the Tax Credits (Polygamous Marriages) Regulations 2003 ;
- “qualifying age” means the qualifying age for state pension credit as defined in section 1(6) of the State Pension Credit Act 2002 ;
- “single claimant” means a person who makes a single claim for a tax credit as referred to in section 3(3) (b) of the 2002 Act;
- “tax credit” (including “child tax credit” and “working tax credit”) have the same meanings as in the 2002 Act and “tax year” has the same meaning as in Part 1 of that Act;
- “UC age condition” means the condition in section 4(1) (b) of the Act for Great Britain or Article 9(1) (b) of the 2015 Order (N.I.) for Northern Ireland, subject to any exceptions in any instrument made under the Act or 2015 Order (N.I.) ;
- “UC couple” means a couple as defined in section 39 of the Act for Great Britain or Article 45 of the 2015 Order (N.I.) for Northern Ireland (in article 4, as defined in that section 39) ;
- “UC joint claimants” means joint claimants as defined in section 40 of the Act for Great Britain or Article 46 of the 2015 Order (N.I.) for Northern Ireland (in article 4, as defined in that section 40) ;
- “UC provisions” means the provisions listed in Schedule 2 to the No. 9 Order;
- “UC single claimant” means a single claimant as defined in section 40 of the Act for Great Britain or Article 46 of the 2015 Order (N.I.) for Northern Ireland (in article 4, as defined in that section 40) ;
- “UC transitional provisions” means the orders made under section 150(3) of the Act or Article 2(2) of the 2015 Order (N.I.) that commence the UC provisions, or the provisions listed in Schedule 1 to the No. 8 Order (N.I.) , respectively, and the regulations made under Schedule 6 to the Act or Schedule 6 to the 2015 Order (N.I.) .
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