The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/57 |
| Year | 2017 |
2017 No. 57 (C. 5)
Social Security
The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017
Made 25th January 2017
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 20121:
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”—
(a) in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act 20072;
(b) in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers Act 19953(as it applies apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based jobseeker’s allowance);
(c) in relation to universal credit, has the same meaning as in Part 1 of the Welfare Reform Act 20124;
“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations 19875;
“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 20166;
“the September 2016 Order” means the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 20167;
“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 20138;
“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 20139;
“the No. 13 Order” means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 201310;
“the No. 16 Order” means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 201411;
“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 201512;
“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 201513;
“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 201514.
(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 201315apply for the purpose of deciding—
(a)
(a) whether a claim for universal credit is made; and
(b)
(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)
(a) whether a claim for an employment and support allowance or a jobseeker’s allowance is made; and
(b)
(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) 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)
(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)
(a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 198716, in the case of a claim for an employment and support allowance; or
(b)
(b) regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations17, 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)
(a) articles 3(2)(f) and 4(2)(k) and (l) of the No. 22 Order18, in respect of the Part 1 designated postcodes;
(b)
(b) articles 3(2)(h) and 4(2)(o) and (p) of the No. 22 Order19, in respect of the Part 2 designated postcodes;
(c)
(c) articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 22 Order20, in respect of the Part 3 designated postcodes;
(d)
(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)
(e) articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order21, in respect of the Part 5 designated postcodes;
(f)
(f) articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order22, in respect of the Part 6 designated postcodes;
(g)
(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)
(h) articles 3(2)(m) and 4(2)(y) and (z) of the No. 24 Order23, 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)
(a) articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order24, in respect of the Part 9 designated postcodes;
(b)
(b) articles 3(2)(j) and 4(2)(s) and (t) of the No. 24 Order25, 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)
(a) articles 3(2)(a) and 4(2)(a) of the No. 11 Order26, in respect of the Part 11 designated postcodes;
(b)
(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)
(c) articles 3(2)(e) and 4(2)(i) and (j) of the No. 22 Order27, in respect of the Part 13 designated postcodes;
(d)
(d) articles 3(2)(j) and 4(2)(s) and (t) of the No. 22 Order28, in respect of the Part 14 designated postcodes;
(e)
(e) articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order29, in respect of the Part 15 designated postcodes;
(f)
(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)
(g) articles 3(2)(s) and 4(2)(kk) and (ll) of the No. 24 Order30, in respect of the Part 17 designated postcodes;
(h)
(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)
(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)
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