Citation

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015.

Interpretation

2.-(1) In this Order-

"the Act" means the Welfare Reform Act 2012;

"the amending provisions" means the provisions referred to in article 4(1)(a) to (c) of the No. 9 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance)(2);

"claimant"-

"the Claims and Payments Regulations 1987" means the Social Security (Claims and Payments) Regulations 1987(7);

"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 claimants", in relation to universal credit, has the same meaning as in Part 1 of the Act(8);

"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(9);

"the No. 23 Order" means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015(10);

"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 2015(11);

"the designated postcodes" means the postcode part-districts SM5 1, SM5 3, SM5 9, SM6 0 and SM6 6;

"single claimant", in relation to universal credit, has the same meaning as in Part 1 of the Act(12).

(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 2013(13) apply for the purpose of deciding-

(a)whether a claim for universal credit is made; and

(b)the date on which such a 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)whether a claim for an employment and support allowance or a jobseeker's allowance is made; and

(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 person makes a claim for an employment and support allowance or a jobseeker's allowance if he or she takes any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and

(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)regulation 6(1F)(b) or (c) of the Claims and Payments Regulations 1987(14), in the case of a claim for an employment and support allowance; or

(b)regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations(15), 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.

Day appointed for the coming into force of the universal credit provisions

3.-(1) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2 to the No. 9 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are-

(a)a claim for universal credit that is made on or after 2nd December 2015 in respect of a period that begins on or after 2nd December 2015 where, on the date on which the claim is made, the claimant resides in one of the designated postcodes;

(b)a claim for universal credit that is made on or after 2nd December 2015, in respect of a period that begins on or after that date where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in one of the designated postcodes and the claimant does not reside in such a postcode on the date on which the claim is made;

(ii)in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a postcode and one or both of them does not or do not reside in such a postcode on the date on which the claim is made,

and after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence.

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) Article 3(6) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 3(4)(a) of the No. 9 Order.

(5) Article 3A of the No. 9 Order(16) applies in connection with a claim for universal credit where a single claimant, or, as the case may be, either or both of joint claimants, gives or give incorrect information regarding his or her (or their) residing in one of the designated postcodes, as it applies in connection with the giving of incorrect information regarding a claimant residing in one of the relevant districts (as defined in the No. 9 Order).

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance

4.-(1) The day appointed for the coming into force of the amending provisions, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are-

(a)a claim for universal credit that is made on or after 2nd December 2015 in respect of a period that begins on or after 2nd December 2015 where, on the date on which the claim is made, the claimant resides in one of the designated postcodes;

(b)a claim for universal credit that is made on or after 2nd December 2015, in respect of a period that begins on or after that date where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in one of the designated postcodes and the claimant does not reside in such a postcode on the date on which the claim is made;

(ii)in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a postcode and one or both of them does not or do not reside in such a postcode on the date on which the claim is made,

and after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence;

(c)a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 2nd December 2015 where, on the date on which the claim is made or treated as made, the claimant resides in one of the designated postcodes;

(d)a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraph (c) that is made or treated as made during the relevant period by a single claimant of universal credit or by either of two joint claimants of universal credit who has or have made a claim for universal credit within sub-paragraph (a) or (b).

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) For the purposes of paragraph (2)(d), "relevant period" means, in relation to a claim for universal credit within sub-paragraph (a) or (b) of paragraph (2), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

(5) For the purposes of paragraph (4), a "UC claim period" is a period when-

(a)a claim for universal credit within sub-paragraph (a) of paragraph (2), or within sub-paragraph (b)(i) or (ii) of that paragraph, has been made but a decision has not yet been made on the claim; or

(b)a decision has been made that the claimant is not entitled to universal credit and-

(i)the Secretary of State is considering whether to revise that decision under section 9 of the Social Security Act 1998(17), whether on an application made for that purpose or on the Secretary of State's own initiative; or

(ii)the claimant has appealed against that decision to the First-tier Tribunal and that appeal, or any subsequent appeal to the Upper Tribunal or to a court, has not been finally determined(18).

(6) Paragraphs (6), (7), (9) and (10) of article 4 of the No. 9 Order(19) apply in relation to a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply in relation to a claim for universal credit referred to in sub-paragraphs (a) and (b) of article 4(2) of the No. 9 Order (and any award that is made in respect of the claim).

(7) Paragraphs (1A) and (1B) of article 5 of the No. 9 Order(20) apply for the purposes of sub-paragraph (c) of paragraph (2) as they apply for the purposes of article 4(2)(a) of the No. 9 Order (but as if the references in paragraph (1A) to Schedule 5 to the No. 9 Order were omitted).

(8) Article 5(8) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 4(3)(a) of the No. 9 Order.

Application of the No. 9 Order

5.  Articles 9 to 22 of the No. 9 Order(21) apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in sub-paragraph (a), (b) or (g) of article 4(2) of the No. 9 Order and any award made in respect of the claim.

Modification of the No. 24 Order

6.-(1) Articles 3(2)(bb) and 4(2)(ccc) of the No. 24 Order do not apply to a claim for universal credit to which articles 3(2)(a) and 4(2)(a) of this Order apply.

(2) Article 4(2)(ddd) of the No. 24 Order does not apply to a claim for an employment and support allowance or a jobseeker's allowance to which article 4(2)(c) of this Order applies.

Transitional provision: claims for housing benefit, income support or a tax credit

7.  Article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)(22) applies 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 article 3(1) and (2)(a) of this Order.

Revocation of modifications made by the No. 23 Order

8.  With effect from 2nd December 2015, articles 10 (modification of the Universal Credit (Digital Service) Amendment Regulations 2014(23)) and 11 (modification of the Universal Credit (Surpluses and Self-employed Losses) (Digital Service) Amendment Regulations 2015(24)) of the No. 23 Order are revoked.

Revocation of modifications made by the No. 24 Order

9.  With effect from 2nd December 2015, articles 7 (modification of the Universal Credit (Digital Service) Amendment Regulations 2014) and 9 (modification of the Universal Credit (Surpluses and Self-employed Losses) (Digital Service) Amendment Regulations 2015) of the No. 24 Order are revoked.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Welfare Reform Act 2012 (c. 5) ("the Act") that relate to universal credit ("UC") and the abolition of income-related employment and support allowance and income-based jobseeker's allowance, in relation to the cases set out in articles 3 and 4.

Article 3 brings into force provisions relating to UC in Part 1 of the Act ("the UC provisions"), as set out in Schedule 2 to 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) ("the No. 9 Order")), in relation to the different cases as set out below.

Under article 3(1) and (2)(a), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 2nd December 2015 with respect to a period that begins on or after 2nd December 2015 and, on the date on which the claim is made, the claimant resides in one of the designated postcodes, as defined in article 2(1), namely the postcode part-districts SM5 1, SM5 3, SM5 9, SM6 0 and SM6 6.

Under article 3(1) and (2)(b), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after 2nd December 2015 in respect of a period that begins on or after that date and provides incorrect information regarding the claimant residing in the postcode in question but this is only discovered once payments of UC have been made.

Under article 3(3), the day appointed for the coming into force of the UC provisions in the above cases is the first day of the period in respect of which the claim is made.

Paragraphs (4) and (5) of article 3 apply the provisions of article 3(6) (period for which a claim for UC is made) and article 3A (incorrect information regarding entitlement to claim UC) of the No. 9 Order respectively to the cases in article 3(2) of this Order.

Article 4 brings into force provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker's allowance ("the amending provisions"), in relation to the different cases as set out below.

Below, "old style ESA" means employment and support allowance under Part 1 of the Welfare Reform Act 2007 (c. 5) as that Part has effect apart from the amending provisions, and "old style JSA" means jobseeker's allowance under the Jobseekers Act 1995 (c. 18) as that Act has effect apart from the amending provisions.

Under article 4(1) and (2)(a), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 2nd December 2015 with respect to a period that begins on or after 2nd December 2015 and, on the date on which the claim is made, the claimant resides in one of the designated postcodes.

Under article 4(1) and (2)(b), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after 2nd December 2015 in respect of a period that begins on or after that date and provides incorrect information regarding the claimant residing in the postcode in question, but this is only discovered once payments of UC have been made.

Under article 4(1) and (2)(c), the amending provisions come into force in relation to a claim for an employment and support allowance ("ESA") or a jobseeker's allowance ("JSA"), and any award that is made in respect of the claim, where the claim is made on or after 2nd December 2015 and, on the date on which the claim is made, the claimant resides in one of the designated postcodes.

Under article 4(1) and (2)(d), the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim is not a claim for ESA or JSA as referred to in article 4(2)(c) and where the claim is made during the "relevant period" (mainly the period when a claim for UC is being considered or an award of UC is extant).

Under article 4(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made.

Paragraphs (6) to (8) of article 4 apply the provisions of article 4(6), (7), (9) and (10) (matters included in the reference to the case of a claim for UC) and article 5(1A), (1B) (claim for ESA or JSA by a member of a couple) and (8) (the period for which a claim for ESA, JSA or UC is made) of the No. 9 Order to the cases in article 4(2).

Article 5 provides that articles 9 to 22 of the No. 9 Order apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in article 4(2)(a), (b) or (g) of the No. 9 Order, and any award made in respect of the claim.

Article 6 ensures that the provisions of articles 3(2)(bb) and 4(2)(ccc) and (ddd) of the Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/1537 (C. 87) ("the No. 24 Order")) for the coming into force of the UC provisions and the amending provisions do not apply where articles 3(2)(a) and 4(2)(a) and (c) of this Order apply. Those provisions of the No. 24 Order were due to take effect on 25th April 2016 for a claimant residing in one of the designated postcodes, as being part of "the No. 80 relevant districts" set out in "the Index of Relevant Districts" published on 20th July 2015 (each as defined in the No. 24 Order), subject to the restrictions on claiming UC set out in that Order ("the gateway conditions"). However they are now superseded by the equivalent provisions of this Order, which take effect from 2nd December 2015 and with no gateway conditions attached.

Article 7 contains transitional provisions which provide that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for UC on that date, the UC provisions would come into force in relation to the claim by virtue of article 3(1) and (2)(a) of this Order.

Articles 8 and 9 revoke modifications made by the No. 23 Order and the No. 24 Order to the savings provisions in regulation 5 of the Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887) and in regulation 4 of the Universal Credit (Surpluses and Self-employed Losses) (Digital Service) Amendment Regulations 2015 (S.I. 2015/345) (together "the Amendment Regulations") because those modifications have been superseded by substitutions for those regulations made by the Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754). The designated postcodes fall to be treated as "digital service areas", as defined in the substituted savings provisions, so the Amendment Regulations apply to awards of UC made under this Order without more.

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.