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The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification) (No. 2)) Order 2018

As Enacted Cited authorities 38 Cited in Related
Vincent
JurisdictionUK Non-devolved

2018 No. 881 (C. 68)

Social Security

The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification) (No. 2)) Order 2018

Made 19th July 2018

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:

S-1 Citation

Citation

1. This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification) (No. 2)) Order 2018.

S-2 Interpretation

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 No. 17 Order” means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 20146;

“the No. 19 Order” means the Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 20147;

“the No. 22 Order” means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 20158;

“the No. 23 Order” means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 20159;

“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 201510.

(2) For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 201311apply 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.

(3) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (4) and (5), 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.

(4) Subject to paragraph (5), 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.

(5) Where, by virtue of—

(a)

(a) regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 198712, 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 Regulations13, 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 (4)(a) is taken, the claim is treated as made on that earlier date.

S-3 Modification of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order: removal of the gateway conditions

Modification of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order: removal of the gateway conditions

3. The provisions specified in the first column of the table in the Schedule have effect as though the reference in those provisions to meeting the gateway conditions were omitted, in respect 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, by reference to the claimant’s residence in any postcode district or part-district specified in the corresponding entry in the second column, on or after the date specified in the corresponding entry in the third column.

S-4 Modifications of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order in consequence of removal of the gateway conditions

Modifications of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order in consequence of removal of the gateway conditions

4.—(1) This article applies in respect of claims in relation to which provisions of the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order are modified by article 3.

(2) Where this article applies, the following modifications also have effect—

(a)

(a) those made to the No. 17 Order by article 10(2) of the Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 201714; and

(b)

(b) those made to the No. 19 Order, the No. 22 Order and the No. 24 Order by articles 13(2), 14(2) and 15(2) respectively of the Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 201615.

S-5 Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit

Modification of the No. 23 Order: claims for housing benefit, income support or a tax credit

5.—(1) This article applies to claims in relation to which the provisions referred to in paragraph (2)(a) to (d) are modified by article 3.

(2) Where this article applies, article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)16applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that Order included a reference to—

(a)

(a) paragraph (1) and sub-paragraphs (c) and (i) of paragraph (2) of article 3 of the No. 17 Order;

(b)

(b) paragraph (1) and sub-paragraphs (b) to (h) and (j) to (n) of paragraph (2) of article 3 of the No. 19 Order;

(c)

(c) paragraph (1) and sub-paragraphs (a), (c) to (e), (g) to (k), (m) to (q), and (t) of paragraph (2) of article 3 of the No. 22 Order; and

(d)

(d) paragraph (1) and sub-paragraphs (a) to (d), (f) to (y), (aa) and (cc) of paragraph (2) of article 3 of the No. 24 Order.

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

19th July 2018

SCHEDULE

Article 3

POSTCODE DISTRICTS AND PART-DISTRICTS WHERE GATEWAY CONDITIONS REMOVED

Provisions modified

Postcodes

Date

Articles 3(2)(i) and 4(2)(q) and (r) of the No. 22 Order17

SW11 2

SW15 9

SW18 9

SW15 2

SW17 6 and SW17 7

SW15 4

SW18 1 to SW18 3

5th September 2018

Articles 3(2)(j) and 4(2)(s) and (t) of the No. 22 Order18

CF81

NP11 3 and NP11 4

NP24

CF83 2 to CF83 4

NP11 6 and NP11 7

CF83 8 and CF83 9

NP12 0 to NP12 3

5th September 2018

Articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order19

CF82

5th September 2018

Articles 3(2)(f) and 4(2)(k) and (l) of the No. 24 Order20

NP11 5

NP22 5

5th September 2018

Articles 3(2)(g) and 4(2)(m) and (n) of the No. 24 Order21

SW15 1

SW15 3

SW15 5 and SW15 6

5th September 2018

Articles 3(2)(h) and 4(2)(o) and (p) of the No. 24 Order22

EX7

SA63

SA66

SA69

SA72

TQ7

TQ10

TQ12 5 and TQ12 6

SA61

SA64

SA67

SA70

SA73

TQ8

TQ11

TQ13

SA62

SA65

SA68

SA71

TQ6

TQ9

TQ12 1 to TQ12 3

TQ14

5th September 2018

Articles 3(2)(i) and 4(2)(q) and (r) of the No. 24 Order23

HP9

HP12

HP15

SL2 3 and SL2 4

SL9 7 to SL9 9

HP10

HP13

HP16

SL7

HP11

HP14

SL0

SL9 1

5th September 2018

Articles 3(2)(j) and 4(2)(s) and (t) of the No. 24 Order24

SL9 0

5th September 2018

Articles 3(2)(l) and 4(2)(w) and (x) of the No. 24 Order25

BS9 2 to BS9 4

BS10 5

BS11

5th September 2018

Articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 24 Order26

BS7 0

BS34

BS10 6 and BS10 7

BS35

BS32

5th September 2018

Articles 3(2)(o) and 4(2)(cc) and (dd) of the No. 24 Order27

SW17 0

SW18 4 and SW18 5

SW19 6

5th September 2018

Articles 3(2)(p) and 4(2)(ee) and (ff) of the No. 24 Order28

TQ1

TQ4

TQ2

TQ5

TQ3

TQ12 4

5th September 2018

Articles 3(2)(x) and 4(2)(uu) and (vv) of the No. 24 Order29

CF83 1

5th September 2018

Articles 3(2)(g) and 4(2)(m) and (n) of the No. 22 Order30

IP24

PE21

IP27 0

PE22 9

PE20 1 and PE20 2

12th September 2018

Articles 3(2)(n) and 4(2)(aa) and (bb) of the No. 22 Order31

SK13

SK23

SK17 6 and SK17 7

SK22

12th September 2018

Articles 3(2)(a) and 4(2)(a) and (b) of the No. 24 Order

NR16 2

12th September 2018

Articles 3(2)(c) and 4(2)(e) and (f) of the No. 24 Order32

NG15 9

NG19 6

NG21

NG18

NG19 9

NG22 8 and NG22 9

NG19 0

NG20 0

NG70

12th September 2018

Articles 3(2)(f) and 4(2)(k) and (l) of the No. 24 Order

B60

B78 1

HR8 2

WR13

B61

CV9

HR8 9

WR14

B76 0

CV13 6

WR8 0

12th September 2018

Articles 3(2)(g) and 4(2)(m) and (n) of the No. 24 Order

LN11

PE22 0

LN12 1

PE22 7

LN13 0

12th September 2018

Articles 3(2)(j) and 4(2)(s) and (t) of the No. 24 Order

DE4

SK17 0

DE45

SK17 8 and SK17 9

NG19 7

12th September 2018

Articles 3(2)(k) and 4(2)(u) and (v) of the No. 24 Order33

DN10 4

PE20 3

DN21

LN8 6

12th September 2018

Articles 3(2)(u) and 4(2)(oo) and (pp) of the No. 24 Order34

CB6 3

CB7

12th September 2018

Articles 3(2)(w) and 4(2)(ss) and (tt) of the No. 24 Order35

CB6 1...

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