1 Citation

This Order may be cited as the Welfare Reform Act 2012 (Commencement No 16 and Transitional and Transitory Provisions) Order 2014.

NOTES
Initial Commencement
Date Made

Date made: 3 February 2014: (no specific commencement provision).

2 Interpretation

2Interpretation

(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;

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

“No 6 relevant districts” means the postcode part-districts specified in Part 1 of the Schedule;

“No 7 relevant districts” means the postcode part-districts specified in Part 2 of 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.

(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.

NOTES
Initial Commencement
Date Made

Date made: 3 February 2014: (no specific commencement provision).

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3 Day appointed for the coming into force of the universal credit provisions in Part 1 of the Act

3Day appointed for the coming into force of the universal credit provisions in Part 1 of the Act

(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 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No 6 relevant districts;

(b)    a claim for universal credit that is made or treated as made on or after 24th February 2014 by a person in respect of a period that begins on or after 24th February 2014, where—

(i)    the person does not reside in one of the No 6 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;

(c)    a claim for universal credit that is made or treated as made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No 7 relevant districts; and

(d)    a claim for universal credit that is made or treated as made on or after 7th April 2014 by a person in respect of a period that begins on or after 7th April 2014, where—

(i)    the person does not reside in one of the No 7 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 sub-paragraphs (a) and (b) of article 3(3) 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.

NOTES
Initial Commencement
Date Made

Date made: 3 February 2014: (no specific commencement provision).

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

4Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance

(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 24th February 2014 in respect of a period that begins on or after 24th February 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No 6 relevant districts and falls within the Pathfinder Group;

(b)    a claim for universal credit that is made or treated as made by a person on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 where—

(i)    the person does not reside in one of the No 6 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;

(c)    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 7th April 2014 in respect of a period that begins on or after 7th April 2014 by a person who, on the day on which the claim is made or treated as made, resides in one of the No 7 relevant districts and falls within the Pathfinder Group; and

(d)    a claim for universal credit that is made or treated as made by a person on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 where—

(i)    the person does not reside in one of the No 7 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 sub-paragraphs (a) and (b) of article 4(2) of the No 9 Order.

(5)    Paragraphs (1) and (2) 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-paragraph (a) of article 4(2) 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 sub-paragraphs (a) and (b) of article 4(2) 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.

NOTES
Initial Commencement
Date Made

Date made: 3 February 2014: (no specific commencement provision).

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5 Application of the No 9 Order

5Application of the No 9 Order

Articles 6 and 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 sub-paragraphs (a) and (b) of article 4(2) of the No 9 Order and any award made in respect of the claim.

NOTES
Initial Commencement
Date Made

Date made: 3 February 2014: (no specific commencement provision).

6 Day appointed for the coming into force of section 139 of the Act

6Day appointed for the coming into force of section 139 of the Act

The day appointed for the coming into force of section 139 of the Act (recovery of child support maintenance by deduction from benefit) is the day following the day on which this Order is made.

NOTES
Initial Commencement
Date Made

Date made: 3 February 2014: (no specific commencement provision).

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Signature

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

Freud

Parliamentary Under Secretary of State

Department for Work and Pensions

3rd February 2014

EXPLANATORY NOTE

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. This Order also brings into force section 139 of the Act, which relates to child support maintenance.

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 (“the No 9 Order”) in relation to four different cases.

Under article 3(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 claimant claims UC on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 and, at the time that the claim is made, resides in a “No 6 relevant district” (the “No 6 relevant districts” are described in Part 1 of the Schedule). Other conditions (“Pathfinder Group conditions”) for making a claim for UC are set out in the Universal Credit (Transitional Provisions) Regulations 2013 (SI 2013/386).

Under article 3(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 24th February 2014 in respect of a period that begins on or after 24th February 2014 and provides incorrect information as to their residence in a No 6 relevant district, but this is only discovered once payments of UC have been made.

Sub-paragraphs (c) and (d) of article 3(2) make identical provision to sub-paragraphs (a) and (b) of article 3(2) in relation to claims that are made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 and in relation to residence in a No 7 relevant district.

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.

Paragraphs (4) and (5) of article 3 apply the provisions of paragraphs (5) and (6) of article 3 of the No 9 Order to the cases referred to in paragraph (2) of article 3.

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 four 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 24th February 2014 in respect of a period that begins on or after 24th February 2014 and, at the time that the claim is made, resides in a No 6 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 the claimant claims UC on or after 24th February 2014 in respect of a period that begins on or after 24th February 2014 and provides incorrect information as to their residence in a No 6 relevant district, or as to their meeting the Pathfinder Group conditions, but this is only discovered once payments of UC have been made.

Sub-paragraphs (c) and (d) of article 4(2) make identical provision to sub-paragraphs (a) and (b) of article 4(2) in relation to claims that are made on or after 7th April 2014 in respect of a period that begins on or after 7th April 2014 and in relation to residence in a No 7 relevant district.

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.

Paragraphs (4) to (7) of article 4 apply the provisions of paragraphs (4) and (5) of article 4, and article 5, of the No 9 Order to the cases in paragraph (2) of article 4.

Article 5 provides that articles 6 and 9 to 22 of the No 9 Order (transitional and transitory provisions) 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-paragraphs (a) and (b) of article 4(2) of the No 9 Order, and any award made in respect of the claim.

Article 6 brings into force section 139 of the Act on the day following the day on which the Order is made. Section 139 substitutes subsections (1) and (2) of section 43 of the Child Support Act 1991 (c 48) with two new subsections. The new subsections allow for child support maintenance, arrears of child support maintenance and fees payable by a non-resident parent under section 6 of the Child Maintenance and Other Payments Act 2008 (c 6) to be recovered from a non-resident parent by way of deduction from benefit.

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