Citation

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 9, 21 and 23 (Amendment), Commencement No. 11, 13, 17, 19, 22, 23 and 24 (Modification), Transitional and Transitory Provisions) Order 2018.

Interpretation

2.-(1) In this Order-

"claimant"-

"the Claims and Payments Regulations 1987" means the Social Security (Claims and Payments) Regulations 1987(5);

"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. 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(6);

"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 2013(7);

"the No. 13 Order" means the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013(8);

"the No. 17 Order" means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014(9);

"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 2014(10);

"the No. 21 Order" means the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015(11);

"the No. 22 Order" means the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015(12);

"the No. 23 Order" means the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015(13);

"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(14).

(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(15) apply for the purpose of deciding-

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

(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)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 that person 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(16), 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(17), 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.

Amendment of the No. 9 Order: removal of the gateway conditions

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 7th March 2018, where it is made by reference to the claimant's residence in one of the relevant districts, as defined in the No. 9 Order(18).

(2) Where this article applies, the No. 9 Order(19) is amended as follows-

(a)in article 2(1) (interpretation), omit the definition of "gateway conditions"(20);

(b)in article 3(3)(a) (coming into force of the universal credit provisions)(21), omit "and meets the gateway conditions";

(c)in article 3(3)(b) (coming into force of the universal credit provisions and incorrect information)(22)-

(i)in paragraph (i), omit "or meeting the gateway conditions" and "or does not meet the gateway conditions";

(ii)in paragraph (ii), omit "or meeting the gateway conditions" and "or does not or do not meet those conditions";

(iii)in paragraph (iii), omit "or meeting the gateway conditions";

(d)in the title of article 3A (incorrect information: general provisions)(23), omit "or meeting the gateway conditions";

(e)in article 3A(1), for the text from "or meeting the" to "are met" substitute "and the condition referred to in paragraph (2) is met";

(f)for article 3A(2), substitute-

"(2) The condition referred to is that, on the date on which the claim was made, the claimant did not reside in one of the relevant districts (unless paragraph (3) applies).";

(g)for article 4(2)(a) (abolition of income-related employment and support allowance and income-based jobseeker's allowance)(24), substitute-

"(a)a claim for universal credit, an employment and support allowance or a jobseeker's allowance where, on the date on which the claim is made or treated as made, the claimant resides in one of the relevant districts;"

(h)in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker's allowance and incorrect information)(25)-

(i)in paragraph (i), omit "or meeting the gateway conditions" and "or does not meet the gateway conditions";

(ii)in paragraph (ii), omit "or meeting those conditions" and "or does not or do not meet those conditions";

(iii)in paragraph (iii), omit "or meeting the gateway conditions";

(i)in article 5 (provisions that apply in connection with the abolition of income-related employment and support allowance and income-based jobseeker's allowance)(26), omit paragraph (1);

(j)in article 5(1A), omit "or Schedule 5 (save in paragraph 4 of that Schedule)"(27); and

(k)omit Schedule 5 (the gateway conditions)(28).

Modification of the No. 11 Order, the No. 13 Order, the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order: removal of the gateway conditions

4.  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.

Modifications of the No. 11 Order, the No. 13 Order, 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

5.-(1) This article applies in respect of claims in relation to which provisions of the No. 11 Order, the No. 13 Order, the No. 17 Order, the No. 19 Order, the No. 22 Order and the No. 24 Order are modified by article 4.

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

(a)those made to the No. 11 Order by article 14(2) of the Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017(29);

(b)those made to the No. 13 Order by article 6(2) of the Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016(30);

(c)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 2017(31); and

(d)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 2016(32).

Amendment of the No. 21 Order and the No. 23 Order: claims for housing benefit in respect of temporary accommodation

6.-(1) The following amendments have effect from 11th April 2018.

(2) Article 6 of the No. 21 Order is amended as follows-

(a)in paragraph (2), at the end insert "or temporary accommodation";

(b)in paragraph (10), at the end insert-

";

(k)"temporary accommodation" means accommodation which falls within Case 1 or Case 2 under paragraph 3B of Schedule 1 to the Universal Credit Regulations(33)".

(3) Article 7 of the No. 23 Order is amended as follows-

(a)in paragraph (3), at the end insert "or temporary accommodation";

(b)in paragraph (11), at the end insert-

";

(l)"temporary accommodation" means accommodation which falls within Case 1 or Case 2 under paragraph 3B of Schedule 1 to the Universal Credit Regulations".

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

7.-(1) This article applies to claims in relation to which the sub-paragraph referred to in paragraph (2)(a) is amended by article 3(1)(b) and the sub-paragraphs referred to in paragraph (2)(b) to (g) are modified by article 4.

(2) Where this article applies, article 7 of the No. 23 Order (prevention of claims for housing benefit, income support or a tax credit)(34) 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-

(a)paragraph (2) and sub-paragraph (a) of paragraph (3) of article 3 of the No. 9 Order;

(b)paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 11 Order;

(c)paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the No. 13 Order;

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

(e)paragraph (1) and sub-paragraphs (d), (e), (j) and (k) of paragraph (2) of article 3 of the No. 19 Order;

(f)paragraph (1) and sub-paragraphs (d), (g), (l), (m), (o), (r) and (t) of paragraph (2) of article 3 of the No. 22 Order; and

(g)paragraph (1) and sub-paragraphs (a) to (d), (f), (g), (i), (k), (m), (r) to (u), (w), (x) and (cc) of paragraph (2) of article 3 of the No. 24 Order.

Article 4

SCHEDULEPOSTCODE DISTRICTS AND PART-DISTRICTS WHERE GATEWAY CONDITIONS REMOVED

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends, in the case of the No. 9 Order (defined below), or modifies, in the case of the others, a series of prior Orders (the "prior commencement Orders", defined below) bringing into force provisions of the Welfare Reform Act 2012 (c. 5) ("the Act") relating to universal credit ("UC") and the abolition of income-related employment and support allowance and income-based jobseeker's allowance. Those prior commencement Orders are:

(a)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"));

(b)the Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 (S.I. 2013/1511 (C. 60));

(c)the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657 (C. 107));

(d)the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583 (C. 61));

(e)the Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/2321 (C. 99));

(f)the Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101 (C. 6) ("the No. 22 Order")); and

(g)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")).

Articles 3 and 4 of each of the prior commencement Orders brought into force respectively provisions relating to UC in Part 1 of the Act ("the UC provisions"), as set out in Schedule 2 to the No. 9 Order, and provisions of the Act relating to the abolition of income-related employment and support allowance and income-based jobseeker's allowance ("the amending provisions").

The amendments by article 3(2)(b) and (g) of this Order (in the case of the No. 9 Order) and modifications by article 4 of this Order (in the case of the others) of the prior commencement Orders remove the restrictions on claiming UC ("the gateway conditions", set out in Schedule 5 to the No. 9 Order) so that they do not apply to the specified provisions of the prior commencement Orders (for the coming into force of the UC provisions and the amending provisions).

In the case of the No. 9 Order, the amendments apply to all claims for universal credit, an employment and support allowance or a jobseeker's allowance made on or after 7th March 2018 by claimants residing in postcode districts M43, OL6, OL7 and SK16.

In the case of the other prior commencement orders, the modified provisions are specified in the first column of the table in the Schedule to this Order, in connection with the postcode districts and part-districts specified in the corresponding entry in the second column of the table. The modifications apply by reference to residence in those areas where claims are made for universal credit, an employment and support allowance or a jobseeker's allowance on or after the dates in the corresponding entry in the third column of the table.

Article 3(2)(a), (c) to (f) and (h) to (k) and article 5 of this Order make consequential amendments, in the case of the No. 9 Order, and consequential modifications, in the case of the others, to a number of similar provisions in each of the prior commencement Orders to remove references to meeting the gateway conditions. By virtue of the gateway conditions no longer applying, claims by couples will become possible for the first time in certain of the specified postcodes, those for which the UC provisions were commenced under the No. 22 Order and the No. 24 Order for single UC claimants only. The consequential modifications to those Orders also make provision for claims by couples.

Article 6 amends the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/33 (C. 4)) and the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634 (C. 32) ("the No. 23 Order")) to allow claims for housing benefit in respect of temporary accommodation in areas where universal credit is commenced without gateway conditions. The amendments come into force on 11th April 2018 with the related changes to the Universal Credit Regulations 2013 (S.I. 2013/376) and the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230) made by the Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 (S.I. 2018/65).

Article 7 modifies article 7 of the No. 23 Order such that, where the gateway conditions no longer apply to claims for universal credit, by virtue of article 3(2)(b) and 4 of this Order, save in specified cases a person may not make a claim for housing benefit, income support or a tax credit on a date on which, if that person made a claim for UC on the date, the UC provisions would come into force under the provisions in question.

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.