Citation

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

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);

"employment and support allowance" means an employment and support allowance under Part 1 of the Welfare Reform Act 2007(2);

"jobseeker's allowance" means a jobseeker's allowance under the Jobseekers Act 1995(3);

"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(4).

(2) For the purposes of this Order, a reference to a person who falls within the Pathfinder Group is a reference to a person who meets the requirements of regulations 5 to 12 of the Universal Credit (Transitional Provisions) Regulations 2013(5).

Day appointed for commencement of the universal credit provisions in Part 1 of the Act

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 or treated as made on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 4 relevant districts; and

(b)a claim for universal credit that is made or treated as made by a person on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013, where-

(i)the person does not reside in one of the No. 4 relevant districts on the day on which the claim is made or treated as made;

(ii)in connection with the claim, the person gives incorrect information regarding their residence in such a district; and

(iii)after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

(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 or treated as made.

(4) Article 3(5) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of article 3(3)(a) and (b) of the No. 9 Order.

(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.

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, an employment and support allowance or a jobseeker's allowance that is made or treated as made on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 by a person who, on the day on which the claim is made or treated as made, resides in one of the No. 4 relevant districts and falls within the Pathfinder Group; and

(b)a claim for universal credit that is made or treated as made by a person on or after 28th October 2013 in respect of a period that begins on or after 28th October 2013 where-

(i)the person does not reside in one of the No. 4 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;

(ii)in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and

(iii)after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.

(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 or treated as made.

(4) Paragraphs (4) and (5) of article 4 of the No. 9 Order apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in paragraph (2) as they apply in relation to an award of universal credit that is made in respect of a claim for universal credit referred to in article 4(2)(a) or (b) of the No. 9 Order.

(5) Paragraphs (1) and (2) of article 5 of the No. 9 Order apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the No. 9 Order.

(6) Article 5(3) of the No. 9 Order applies for the purposes of paragraph (2) as it applies for the purposes of article 4(2)(a) and (b) of the No. 9 Order.

(7) Article 5(4) 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.

Amendment of the No. 9 Order

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(6), the reference to article 11 of the No. 9 Order is a reference to article 11 as amended by paragraph (a).

Application of the No. 9 Order

6.  Articles 6 and 9 to 22 of the No. 9 Order(7) 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) and (b) of the No.9 Order and any award made in respect of the claim.

Article 2(1)

SCHEDULEThe No. 4 relevant districts

1.  M35 5.

2.  W6 0.

3.  W6 6 to W6 9.

4.  W14 0.

5.  W14 4.

6.  W14 8 and W14 9.

7.  WN1 3.

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.