# The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

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U.K.

Statutory Instruments

# 2013 No. 2657 (C. 107)

Social Security

# The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

Made

14th October 2013

The Secretary of State, in exercise of the powers conferred by section 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform                           Act 2012 F1, makes the following Order:                        

F12012 c.5.

## CitationU.K.

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order                     2013.                  

## InterpretationU.K.

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);                  

[F2 “claimant”, in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part                        1 of the [F3Welfare Reform Act 2007] and the [F3Jobseekers Act 1995] (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance) respectively and, in relation to universal credit, has the                        same meaning as in Part 1 of the Act ; ]                   

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 F4;                  

[F2“First-tier Tribunal” has the same meaning as in the Social Security Act 1998;                  

[F5 “gateway conditions” means, subject to paragraph (4), the conditions specified in Schedule 5 to the No. 9 Order as if the amendments referred to in paragraph (3) were made; ]]                   

“jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995 F6;                  

[F5 “joint claimants” in relation to universal credit, has the same meaning as in Part 1 of the Act ; ]                   

“No. 4 relevant districts” means the postcode part-districts specified in the Schedule;                  

“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 F7.                  

[F5 “single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act ; ]                   

[F2“Upper Tribunal” has the same meaning as in the Social Security Act 1998.]                  

[F2(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 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.]                  

[F5(3) The amendments of Schedule 5 to the No. 9 Order referred to are—                   

(a)omit paragraph 1(b);                  

(b)for paragraph 4 substitute—                  

“4.—(1)If the claimant is a single claimant, the claimant must declare that, during the period of one month starting with the date                           on which the claim for universal credit is made, the claimant’s earned income is expected not to exceed £330.                  

(2)If the claim for universal credit is made by a couple as joint claimants, they must declare that, during the period of one                           month starting with the date on which the claim is made—                  

(a)in relation to each member of the couple, the earned income of that member is expected not to exceed £330; and                  

(b)the couple’s total earned income is expected not to exceed £525.                  

(3)If the claimant is a single claimant and is not a member of a couple, the claimant’s capital must not exceed £6,000.                  

(4)If the claimant is a single claimant and is a member of a couple, the couple’s total capital must not exceed £6,000.                  

(5)If the claim for universal credit is made by a couple as joint claimants, the couple’s total capital must not exceed £6,000.                  

(6) For the purposes of this paragraph, “couple” has the same meaning as it has in section 39 of the Act and “earned income” and “capital” have the same meanings as they have in Part 6 of the Universal Credit Regulations. ”; and                  

(c)paragraph 8 becomes sub-paragraph (1) of paragraph 8 and—                  

(i)in sub-paragraph (1) (as so numbered), after “4(1)” insert “, 4(2)”; and                  

(ii)after sub-paragraph (1) (as so numbered), insert—                  

“(2)A declaration which is required by paragraph 4(2) in relation to a couple may be made on behalf of the couple by both members                           of the couple or by either of them.”.                  

(4) Where, for the purposes of article 3(2), 4(2)(a) or (b), a claimant resides in one of the postcode part-districts WN1 3 or                        M35 5 on the date on which the claim for universal credit, an employment and support allowance or a jobseeker’s allowance                        is made, for the purposes of this Order the “gateway conditions” means the conditions referred to in Schedule 5 to the No. 9 Order as if that Schedule was not amended as referred to in paragraph (3). ]                   

F2Art. 2 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1452), **arts. 3**, 19(1), 19(2)

F3Words in art. 2(1) substituted (30.6.2014) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1661), art. 6(1)**(a)**

F42007 c.5.

F5Art. 2 amended (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1661), **arts. 3**, 6(3)

F61995 c.18.

F7S.I. 2013/983 (C. 41).

## Day appointed for commencement of the universal credit provisions in Part 1 of the ActU.K.

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).                  

[F8(2)The claims referred to are—                  

(a) a claim for universal credit where, on the date on which the claim is made, the claimant resides in one of the No. 4 relevant districts and meets the gateway conditions; and                   

(b)[F9a claim for universal credit where—                  

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 4 relevant district or meeting the gateway conditions and the claimant does not reside in such a district or does not meet                              the gateway conditions 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 district or meeting the gateway conditions and one or both of them does not or do not reside                              in such a district or does not or do not meet those conditions on the date on which the claim is made; and                  

(iii)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 or meeting the gateway conditions.]]                  

(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 F10....                  

F8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

(5) 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.                  

[F9[F8(6) Article 3A of the No. 9 Order 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 incorrect information regarding his or her (or their) residing in a No. 4 relevant district or meeting the gateway conditions, as it applies in connection with the giving of incorrect information                           regarding a claimant residing in a relevant district (as defined in the No. 9 Order ) or meeting the gateway conditions, but as if article 3A was amended as follows—                   

(a)for paragraph (1) substitute—                  

“(1) This article applies where a claim for universal credit is made and it is subsequently discovered that the single claimant                              or either or both of two joint claimants gave incorrect information regarding his or her (or their) residing in a No. 4 relevant district or meeting the gateway conditions and the conditions referred to in paragraph (1A) are met.                   

(1A)The conditions referred to are that, on the date on which the claim was made, the claimant—                  

(a) did not reside in a No. 4 relevant district (unless paragraph (1B) applies); or                   

(b) did reside in a No. 4 relevant district and did not meet the gateway conditions.                   

(1B) This paragraph applies where the claimant resided in an area apart from the No. 4 relevant district with respect to which the provisions of the Act referred to in Schedule 2 to the No. 9 Order were in force in relation to a claim for universal credit and the conditions (if any) that applied to such a claim, for those                              provisions to come into force, were met. ”; and                  

(b)in paragraph (2)(b), (c) and (d), after “the claimant”, where it first occurs, insert “(or, in the case of joint claimants,                              either of them)”.]]                  

F8Art. 3 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1452), **arts. 3**, 19(1), 19(3)

F9Art. 3 amended (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1661), **arts. 3**, 6(4)

F10Words in art. 3(3) omitted (30.6.2014) by virtue of The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1661), art. 6(1)**(b)**

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

[F114.—(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, an employment and support allowance or a jobseeker’s allowance where, on the date on which the                           claim is made, the claimant—                  

(i) resides in one of the No. 4 relevant districts; and                   

(ii)meets the gateway conditions;                  

(b)[F12a claim for universal credit where—                  

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 4 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway                              conditions 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 district or meeting those conditions and one or both of them does not or do not reside in                              such a district or does not or do not meet those conditions on the date on which the claim is made; and                  

(iii)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 or meeting the gateway conditions;]                  

(c)[F12a claim for an employment and support allowance or a jobseeker’s allowance that does not fall within sub-paragraph (a) and                              that is 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)(c), “relevant period” means, in relation to a claim for universal credit referred to in                        paragraph (2)(a) or (b), 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 as referred to in paragraph (2)(a)[F12, (b)(i) or (ii)] 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, 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.                  

(6) Paragraphs (6) and (7) of article 4 of the No. 9 Order apply in relation to the case of 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 the case of 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)[F12 In determining, for the purposes of paragraph (2)(a), whether a claim for an employment and support allowance or a jobseeker’s                           allowance meets the gateway conditions, Schedule 5 to the No. 9 Order , as it has effect under article 2(1), is to be read as though—                   

(a)any reference in the Schedule to making a claim for universal credit included a reference to making a claim for an employment                              and support allowance or a jobseeker’s allowance as the case may be; and                  

(b)the reference in paragraph 4 of Schedule 5 (as substituted by article 2(3)) to a single claimant, or to joint claimants, of                              universal credit was construed as a reference to a person who would be a single claimant of universal credit or to persons                              who would be joint claimants of universal credit, if the claimant of an employment and support allowance or a jobseeker’s                              allowance had made a claim for universal credit.]                  

(8) Paragraphs (5) to (7) of article 5 of the No. 9 Order apply for the purposes of sub-paragraphs (a) and (c) of paragraph (2) as they apply for the purposes of sub-paragraphs (a)                        and (g) of article 4(2) of the No. 9 Order .                   

(9) 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 . ]                   

F11Art. 4 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1452), **arts. 3**, 19(1), 19(4)

F12Art. 4 amended (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1661), **arts. 3**, 6(5)

## Amendment of the No. 9 OrderU.K.

5.  With effect from 29th October 2013—                  

(a)in article 11(2)(f)(ii) of the No. 9 Order, for “paragraph (2)(b)(iii)” substitute “ paragraph (4)(c) ”; and                  

(b)in article 5 of 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 F13, the reference to article 11 of the No. 9 Order is a reference to article 11 as amended by paragraph (a).                  

F13S.I. 2013/1511 (C. 60).

## Application of the No. 9 OrderU.K.

6.[F14Articles] 9 to 22 of the No. 9 Order F15F16 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 [F17sub-paragraphs (a), (b) and (g) of article 4(2)] of the No.9 Order and any award made in respect of the claim.                  

F14Art. 6 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1452), **art. 19(5)**

F15Articles 10 to 13 of, and Schedule 4 (which takes effect under article 9) to, the Order were amended by S.I. 2013/1511 (C.60); article 11 of the Order was amended by article 5 of this Order

F16Art. 6 amended (16.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1452), **art. 17**

F17Art. 6 amended (30.6.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment))                                 Order 2014 (S.I. 2014/1661), **arts. 3**, 6(6)

Signed by authority of the Secretary of State for Work and Pensions

Freud

 Parliamentary Under Secretary of State

 Department for Work and Pensions

14th October 2013

 Article 2(1)

## SCHEDULEU.K.The No. 4 relevant districts

1.  M35 5.U.K.

2.  W6 0.U.K.

3.  W6 6 to W6 9.U.K.

4.  W14 0.U.K.

5.  W14 4.U.K.

6.  W14 8 and W14 9.U.K.

7.  WN1 3.U.K.

## 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, by reference to the cases set out in articles 3 and 4. It also amends a transitional provision in 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”).                     

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

The case in article 3(2)(a) relates to the making of a claim for UC on or after 28th October 2013 in respect of a period that                        begins on or after 28th October 2013 where a person resides in a “No. 4 relevant district” at the time that the claim is made                        (the “No. 4 relevant districts” are described in the Schedule). Other conditions (“Pathfinder Group conditions”) for making                        a claim for UC are set out in the Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386).                     

The case in article 3(2)(b) relates to the making of a claim for UC where a person claims UC on or after 28th October 2013                        in respect of a period that begins on or after 28th October 2013 and provides incorrect information as to their residence                        in a No. 4 relevant district, but this is only discovered once payments of UC have been made.                     

Under article 3(3), the day appointed for the commencement of the UC provisions in the above cases is the first day of the                        period in respect of which the claim is made or treated as made.                     

Article 3(4) and (5) applies the provisions of article 3(5) and (6) of the No. 9 Order to the cases in article 3(2) of this                        Order.                     

Article 4 brings into force provisions relating to the abolition of income-related employment and support allowance and of                        income-based jobseeker's allowance (“the amending provisions”), in relation to two different cases.                     

Under article 4(2)(a), the amending provisions come into force in relation to a claim for UC, an employment and support allowance                        (“ESA”) or a jobseeker's allowance (“JSA”), and any award that is made in respect of the claim, where a person claims UC, ESA or JSA on or after 28th October 2013                        in respect of a period that begins on or after 28th October 2013 and, at the time that the claim is made, resides in a No.                        4 relevant district and meets the Pathfinder Group conditions.                     

Under article 4(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 a person claims UC on or after 28th October 2013 in respect of a period that begins on or after                        28th October 2013 and provides incorrect information as to their residence in a No. 4 relevant district, or as to their meeting                        the Pathfinder Group conditions, but this is only discovered once payments of UC have been made.                     

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 or treated as made.                     

Article 4(4) to (7) applies the provisions of article 4(4) and (5) and article 5 of the No. 9 Order to the cases in article                        4(2).                     

Article 5 amends article 11(2)(f)(ii) of the No. 9 Order (transition from new style ESA) consequent on a technical amendment                        made to regulation 30 of the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) by the Social Security (Miscellaneous                        Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536).                     

Article 6 provides that articles 6 and 9 to 22 of the No. 9 Order apply 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 relation to the case of a claim referred to in                        article 4(2)(a) and (b) of the No. 9 Order, and any award made in respect of the claim.                     

## 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.