Citation

1.  This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16 and 17 and Transitional and Transitory Provisions (Amendment) (No. 2)) Order 2014.

Interpretation

2.  (1)  In this Order-

"the Act" means the Welfare Reform Act 2012;

"the 1995 Act" means the Jobseekers Act 1995(2);

"the 2007 Act" means the Welfare Reform Act 2007(3);

"claimant", in relation to an employment and support allowance or a jobseeker's allowance, has the same meaning as in Part 1 of the 2007 Act and the 1995 Act (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(4);

"the Claims and Payments Regulations 2013" means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(5);

"employment and support allowance" means an employment and support allowance under Part 1 of the 2007 Act;

"jobseeker's allowance" means a jobseeker's allowance under the 1995 Act;

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

"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. 14 Order" means the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013(9);

"the No. 16 Order" means the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014(10);

"the No. 17 Order" means the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014(11);

"relevant districts" has the meaning given in the No. 9 Order;

"No. 2 relevant districts" and "No. 3 relevant districts" have the meanings given in the No. 11 Order;

"No. 4 relevant districts" has the meaning given in the No. 13 Order;

"No. 5 relevant districts" has the meaning given in the No. 14 Order;

"No. 6 relevant districts" and "No. 7 relevant districts" have the meanings given in the No. 16 Order;

"No. 8 relevant districts", "No. 9 relevant districts", "No. 10 relevant districts", "No. 11 relevant districts", "No. 12 relevant districts" and "No. 13 relevant districts" have the meanings given in the No. 17 Order;

"single claimant", in relation to universal credit, has the same meaning as in Part 1 of the Act;

"specified districts" means the relevant districts, No. 2 relevant districts, No. 3 relevant districts, No. 4 relevant districts, No. 5 relevant districts, No. 6 relevant districts, No. 7 relevant districts, No. 8 relevant districts, No. 9 relevant districts, No. 10 relevant districts, No. 11 relevant districts, No. 12 relevant districts and No. 13 relevant districts.

(2) For the purposes of this Order-

(a)the Claims and Payments Regulations 2013 apply for the purpose of deciding-

(i)whether a claim for universal credit is made or treated as made; and

(ii)the date on which such a claim is made;

(b)where a couple is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations 2013, as making a claim for universal credit, references to the date on which the claim is treated as made are to the date of formation of the couple; and

(c)the Social Security (Claims and Payments) Regulations 1987(12) apply for the purpose of deciding-

(i)whether a claim for an employment and support allowance or a jobseeker's allowance is made; and

(ii)the date on which such a claim is made or is to be treated as made.

Amendment of the No. 9, 11, 13, 14, 16 and 17 Orders: cases to which the amendments apply

3.  This article applies in relation to a case where-

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

(b)a claim for universal credit is made and it is subsequently discovered by the Secretary of State that-

(i)in the case of a single claimant, the claimant gave incorrect information regarding the claimant residing in a specified district and the claimant did not reside in such a district on the date on which the claim was made; or

(ii)in the case of joint claimants, either or both of the joint claimants gave incorrect information regarding his or her (or their) residing in such a district and one or both of them did not reside in such a district on the date on which the claim was made;

(c)a claim for universal credit is treated as made by a couple in the circumstances referred to in regulation 9(8) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple);

(d)a claim for universal credit is made by a former member of a couple who were joint claimants of universal credit, whether or not the claim is made jointly with another person, where the former member is not exempt from the requirement to make a claim by virtue of regulation 9(6) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple), where the claim is made during the period of one month starting with the date on which notification is given to the Secretary of State that the former joint claimants have ceased to be a couple;

(e)an award of universal credit is made without a claim in the circumstances referred to in regulation 6(1) or (2) of the Claims and Payments Regulations 2013 (claims not required for entitlement to universal credit in some cases); or

(f)an award of universal credit is made without a claim in the circumstances referred to in regulation 9(6), (7) or (10) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple),

and the claim for universal credit, an employment and support allowance or a jobseeker's allowance is made or treated as made, or, as the case may be, the award of universal credit is made without a claim, on or after 28th July 2014.

Amendment of the No. 9 Order

4.  (1)  Where article 3 applies, the No. 9 Order is amended as follows.

(2) In article 2(1) (interpretation)(13), omit the definition of "existing benefit".

(3) In article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)(14)-

(a)for paragraph (3)(b) substitute-

"(b)a claim for universal credit where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a 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."; and

(b)for paragraph (3)(d) substitute-

"(d)a claim for universal credit by a former member of a couple who were joint claimants of universal credit, whether or not the claim is made jointly with another person, where the former member is not exempt from the requirement to make a claim by virtue of regulation 9(6) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple), where the claim is made during the period of one month starting with the date on which notification is given to the Secretary of State that the former joint claimants have ceased to be a couple, and where the claim complies with paragraph (8);".

(4) For article 3A(15) substitute-

"Incorrect information regarding residence in a relevant district or meeting the gateway conditions

3A.  (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 one of the relevant districts or meeting the gateway conditions and the conditions referred to in paragraph (2) are met.

(2) The conditions referred to are that, on the date on which the claim was made, the claimant-

(a)did not reside in one of the relevant districts (unless paragraph (3) applies); or

(b)did reside in one of the relevant districts but did not meet the gateway conditions.

(3) This paragraph applies where the claimant resided in an area apart from the relevant districts with respect to which the provisions of the Act referred to in Schedule 2 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.

(4) Where the discovery is made before the claim for universal credit has been decided-

(a)the claimant is to be informed that the claimant is not entitled to claim universal credit;

(b)if the claimant (or, in the case of joint claimants, either of them) makes a claim for old style ESA, old style JSA or income support ("the specified benefit") and the date on which that claim is made (as determined in accordance with the Claims and Payments Regulations 1987) is after the date on which the claim for universal credit was made, but no later than one month after the date on which the information required by sub-paragraph (a) was given-

(i)the claim for the specified benefit is to be treated as made on the date on which the claim for universal credit was made or the first date on which the claimant would have been entitled to the specified benefit if a claim had been made for it on that date, if later; and

(ii)any provision of the Claims and Payments Regulations 1987 under which the claim for the specified benefit is treated as made on a later date does not apply;

(c)if the claimant (or, in the case of joint claimants, either of them) makes a claim for housing benefit and the date of that claim (as determined in accordance with the Housing Benefit Regulations 2006(16) or, as the case may be, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(17) (together referred to as "the Housing Benefit Regulations")) is after the date on which the claim for universal credit was made, but no later than one month after the date on which the information required by sub-paragraph (a) was given-

(i)the claim for housing benefit is to be treated as made on the date on which the claim for universal credit was made or the first date on which the claimant would have been entitled to housing benefit if a claim had been made for it on that date, if later; and

(ii)any provision of the Housing Benefit Regulations under which the claim for housing benefit is treated as made on a later date does not apply;

(d)if the claimant (or, in the case of joint claimants, either of them) makes a claim for a tax credit and that claim is received by a relevant authority at an appropriate office (within the meaning of the Tax Credits (Claims and Notifications) Regulations 2002(18) ("the 2002 Regulations")) during the period of one month beginning with the date on which the information required by sub-paragraph (a) was given-

(i)the claim for a tax credit is to be treated as having been received by a relevant authority at an appropriate office on the date on which the claim for universal credit was made or the first date on which the claimant would have been entitled to a tax credit if a claim had been so received on that date, if later; and

(ii)any provision of the 2002 Regulations under which the claim is treated as having been made on a later date does not apply.

(5) Where the discovery is made after a decision has been made that the claimant is entitled to universal credit, but before any payment has been made-

(a)that decision is to cease to have effect immediately, by virtue of this article;

(b)the claimant is to be informed that they are not entitled to claim universal credit; and

(c)sub-paragraphs (b) to (d) of paragraph (4) apply.

(6) Where the discovery is made after a decision has been made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the decision is to be treated as a decision under section 8 of the Social Security Act 1998(19).

(7) For the purposes of paragraph (4), a person makes a claim for old style ESA or old style JSA where he or she makes a claim for an employment and support allowance or a jobseeker's allowance and the claim is subject to Part 1 of the 2007 Act or the 1995 Act respectively as those provisions have effect apart from the amendments made by the amending provisions.".

(5) In article 4-

(a)in paragraph (2)(a), after "is made" insert "or treated as made";

(b)for paragraph (2)(b) substitute-

"(b)a claim for universal credit where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a 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)for paragraph (2)(d) substitute-

"(d)a claim for universal credit by a former member of a couple who were joint claimants of universal credit, whether or not the claim is made jointly with another person, where the former member is not exempt from the requirement to make a claim by virtue of regulation 9(6) of the Claims and Payments Regulations 2013 (claims for universal credit by members of a couple), where the claim is made during the period of one month starting with the date on which notification is given to the Secretary of State that the former joint claimants have ceased to be a couple, and where the claim complies with article 3(8);".

(d)in paragraph (2)(g), in the introductory words, for "that does not fall within sub-paragraph (a) and that is made" substitute "other than one referred to in sub-paragraph (a) that is made or treated as made"; and

(e)in paragraph (7)(a), after "(b)(i)" insert ", (ii)".

(6) In article 5-

(a)for paragraph (1) substitute-

"(1) In determining, for the purposes of article 4(2)(a), whether a claim for an employment and support allowance or a jobseeker's allowance meets the gateway conditions, Schedule 5 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 the Schedule 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.";

(b)in paragraph (4)(a), after "(b)(i)" insert ", (ii)"; and

(c)in paragraph (7)-

(i)in sub-paragraph (a), at the beginning, insert "in the case of a claim for an employment and support allowance,"; and

(ii)in sub-paragraph (b), at the beginning, insert "in the case of a claim for a jobseeker's allowance,".

(7) In Schedule 5 (gateway conditions)-

(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.".

Application of parts of the No. 9 Order amended by article 4

5.  Where article 3 applies, any reference-

(a)in the No. 11 Order and the No. 17 Order to article 5(1) of, or Schedule 5 to, the No. 9 Order is a reference to those provisions as amended by article 4(6)(a) and (7) respectively;

(b)in the No. 11 Order, the No. 13 Order, the No. 14 Order, the No. 16 Order and the No. 17 Order to article 5(7) of the No. 9 Order is a reference to that provision as amended by article 4(6)(c).

Amendment of the No. 11 Order

6.  (1)  Where article 3 applies, the No. 11 Order is amended as follows.

(2) In article 2(1) (interpretation)(20)-

(a)after the definition of "jobseeker's allowance", insert-

""joint claimants", in relation to universal credit, has the same meaning as in Part 1 of the Act;"; and

(b)after the definition of "old style JSA award" insert-

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

(3) In article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)(21)-

(a)for paragraph (2)(b) substitute-

"(b)a 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. 2 or a No. 3 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."; and

(b)for paragraph (6) (application of article 3A of the No. 9 Order) substitute-

"(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. 2 or a No. 3 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.".

(4) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance)(22)-

(a)in paragraph (2)(a), after "is made" insert "or treated as made;

(b)for paragraph (2)(b) and (c) substitute-

"(b)a 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. 2 or a No. 3 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;

(c)a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraph (a) 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)."; and

(c)in paragraph (5)(a), for "or (b)" substitute ", (b)(i) or (ii)".

(5) In article 5 (application of the No. 9 Order)(23), for "article 4(2)(a) and (b)" substitute "sub-paragraphs (a), (b) and (g) of article 4(2)".

Amendment of the No. 13 Order

7.  (1)  Where article 3 applies, the No. 13 Order is amended as follows.

(2) In article 2 (interpretation)(24)-

(a)in paragraph (1), for the definition of "gateway conditions" substitute-

""gateway conditions" means the conditions specified in Schedule 5 to the No. 9 Order(25)"; and

(b)omit paragraphs (3) and (4).

(3) For article 3(6) (application of article 3A of the No. 9 Order)(26) substitute-

"(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.".

(4) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance)(27)-

(a)in paragraph (2)(a), after "is made" insert "or treated as made";

(b)for paragraph (2)(c) substitute-

"(c)a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraph (a) 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)."; and

(c)for paragraph (7) (application of article 5(1) of the No. 9 Order)(28) substitute-

"(7) Article 5(1) of the No. 9 Order applies for the purposes of paragraph (2)(a) as it applies for the purposes of article 4(2)(a) of that Order.".

Amendment of the No. 14 Order

8.  (1)  Where article 3 applies, the No. 14 Order is amended as follows.

(2) In article 2 (interpretation)(29)-

(a)in paragraph (1), for the definition of "gateway conditions" substitute-

""gateway conditions" means the conditions specified in Schedule 5 to the No. 9 Order"; and

(b)omit paragraph (3).

(3) For article 3(6) (application of article 3A of the No. 9 Order)(30) substitute-

"(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. 5 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.".

(4) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance)(31)-

(a)in paragraph (2)(a), after "is made" insert "or treated as made";

(b)for paragraph (2)(c) substitute-

"(c)a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraph (a) 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)."; and

(c)for paragraph (7) (application of article 5(1) of the No. 9 Order)(32) substitute-

"(7) Article 5(1) of the No. 9 Order applies for the purposes of paragraph (2)(a) as it applies for the purposes of article 4(2)(a) of that Order.".

Amendment of the No. 16 Order

9.  (1)  Where article 3 applies, the No. 16 Order is amended as follows.

(2) In article 2 (interpretation)(33)-

(a)in paragraph (1), for the definition of "gateway conditions" substitute-

""gateway conditions" means the conditions specified in Schedule 5 to the No. 9 Order;"; and

(b)omit paragraph (3).

(3) For article 3(6) (application of article 3A of the No. 9 Order)(34) substitute-

"(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. 6 or a No. 7 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.".

(4) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance)(35)-

(a)in paragraph (2)(a), after "is made" insert "or treated as made";

(b)for paragraph (2)(c) substitute-

"(c)a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraph (a) 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)."; and

(c)for paragraph (7) (application of article 5(1) of the No. 9 Order)(36) substitute-

"(7) Article 5(1) of the No. 9 Order applies for the purposes of paragraph (2)(a) as it applies for the purposes of article 4(2)(a) of that Order.".

Amendment of the No. 17 Order

10.  (1)  Where article 3 applies, the No. 17 Order is amended as follows.

(2) In article 2(1) (interpretation)(37)-

(a)after the definition of "jobseeker's allowance", insert-

""joint claimants", in relation to universal credit, has the same meaning as in Part 1 of the Act;"; and

(b)after the definition of "No. 13 relevant districts" insert-

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

(3) In article 3 (day appointed for commencement of the universal credit provisions in Part 1 of the Act)-

(a)in paragraph (2)-

(i)for sub-paragraph (b) substitute-

"(b)a claim for universal credit that is made in respect of a period that begins on or after 23rd June 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 8 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;";

(ii)for sub-paragraph (d) substitute-

"(d)a claim for universal credit that is made in respect of a period that begins on or after 30th June 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 9 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;";

(iii)for sub-paragraph (f) substitute-

"(f)a claim for universal credit that is made in respect of a period that begins on or after 7th July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 10 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;";

(iv)for sub-paragraph (h) substitute-

"(h)a claim for universal credit that is made in respect of a period that begins on or after 14th July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 11 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;";

(v)for sub-paragraph (j) substitute-

"(j)a claim for universal credit that is made in respect of a period that begins on or after 21st July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 12 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;";

(vi)for sub-paragraph (l) substitute-

"(l)a claim for universal credit that is made in respect of a period that begins on or after 28th July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 13 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."; and

(b)for paragraph (5) substitute-

"(5) 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. 8, No. 9, No. 10, No. 11, No. 12 or No. 13 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.".

(4) In article 4 (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance)-

(a)in paragraph (2)-

(i)in sub-paragraph (a), (c), (e), (g), (i) and (k), after "is made", in both places where it occurs in each sub-paragraph, insert "or treated as made";

(ii)for sub-paragraph (b) substitute-

"(b)a claim for universal credit that is made in respect of a period that begins on or after 23rd June 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 8 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;";

(iii)for sub-paragraph (d) substitute-

"(d)a claim for universal credit that is made in respect of a period that begins on or after 30th June 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 9 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;";

(iv)for sub-paragraph (f) substitute-

"(f)a claim for universal credit that is made in respect of a period that begins on or after 7th July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 10 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;";

(v)for sub-paragraph (h) substitute-

"(h)a claim for universal credit that is made in respect of a period that begins on or after 14th July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 11 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;";

(vi)for sub-paragraph (j) substitute-

"(j)a claim for universal credit that is made in respect of a period that begins on or after 21st July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 12 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;";

(vii)for sub-paragraph (l) substitute-

"(l)a claim for universal credit that is made in respect of a period that begins on or after 28th July 2014 where-

(i)in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 13 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;"; and

(viii)for sub-paragraph (m) substitute-

"(m)a claim for an employment and support allowance or a jobseeker's allowance other than one referred to in sub-paragraph (a), (c), (e), (g), (i) or (k) 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 one of sub-paragraphs (a) to (l)."; and

(b)in paragraph (5)(a), for "(2)(a), (b)(i), (c), (d)(i), (e), (f)(i), (g), (h)(i), (i), (j)(i), (k) or (l)(i)" substitute "(2)(a), (b)(i) or (ii), (c), (d)(i) or (ii), (e), (f)(i) or (ii), (g), (h)(i) or (ii), (i), (j)(i) or (ii), (k) or (l)(i) or (ii)".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Orders set out below, which make provision for the coming into force of the universal credit (UC) provisions in Part 1 of the Welfare Reform Act 2012 (c.5) ("UC provisions"), and the provisions in that Part that abolish income-related employment and support allowance and income-based jobseeker's allowance ("amending provisions"), where a claim is made for UC, an employment and support allowance (ESA) or a jobseeker's allowance (JSA) on or after 28th July 2014.

The main change made by this Order is to remove the condition that a claimant must be a single person in order for the UC provisions to come into force where a claim is made for UC and for the amending provisions to come into force where a claim is made for UC, ESA or JSA. This means that the UC provisions and the amending provisions will now come into force where a claim is made by members of a couple, where the couple resides in an area covered by the below Orders and each member meets the remaining gateway conditions (n.b. - those provisions are already in force for claims made by members of a couple who reside in certain areas, by virtue of S.I. 2014/1661 (C. 69)).

Where entitlement to ESA or JSA arises under Part 1 of the Welfare Reform Act 2007 (c.5) or the Jobseekers Act 1995 (c.18) as amended by the amending provisions, the contributory-only benefit is referred to as "new style ESA" or "new style JSA" respectively.

The Orders amended ("the relevant Orders") and the areas covered by each Order (specified in the Schedule to each Order: "specified districts") are-

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": covers the "relevant districts");

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) ("the No. 11 Order": covers the "No. 2 relevant districts" and the "No. 3 relevant districts");

the Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657 (C. 107) ("the No. 13 Order": covers the "No. 4 relevant districts");

the Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2846 (C. 114) ("the No. 14 Order": covers the "No. 5 relevant districts");

the Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209) (C. 7) ("the No. 16 Order": covers the "No. 6 relevant districts" and the "No.7 relevant districts").

the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583 (C. 61) ("the No. 17 Order": covers the "No. 8 relevant districts", "No. 9 relevant districts", "No. 10 relevant districts", "No. 11 relevant districts", "No. 12 relevant districts" and the "No. 13 relevant districts").

Article 3 sets out the cases for which amendments are made to the existing Orders.

Article 4 amends Schedule 5 to the No. 9 Order (gateway conditions) to remove the condition that a claimant must be a single person. This means that the UC provisions come into force where a claim for UC is made by a couple as joint claimants, the couple reside in one of the "relevant districts" and each member of the couple meets the remaining gateway conditions. It also means that any claim for ESA or JSA by a member of a couple, where that member resides in one of the "relevant districts" and meets the remaining gateway conditions, will be a claim for new style ESA or new style JSA. To reflect the fact that the UC provisions and the amending provisions come into force where a claim is made by a couple who reside in one of the "relevant districts", the article makes consequential changes to articles 3, 4 and 5 of the No. 9 Order and inserts a new article 3A into that Order.

Article 5 provides that, where article 3 applies, any reference in the No. 11 or the No. 17 Order to Schedule 5 to the No. 9 Order is a reference to that Schedule as amended by article 4 of this Order; articles 7 to 9 of this Order insert a new definition of "gateway conditions" into the No. 13, No. 14 and No. 16 Orders which refers to Schedule 5 as so amended. This means that, as in the case of the No. 9 Order for claims made in relation to the "relevant districts", the UC provisions come into force where a claim for UC is made by a couple who reside in any of the "specified districts" covered by the Order in question and where each member of the couple meets the remaining gateway conditions (the position for claims for ESA/JSA is also the same as for the claims covered by the No. 9 Order).

Articles 6 to 10 amend the No. 11, the No. 13, the No. 14, the No. 16 and the No. 17 Orders in order to reflect the fact that claims may be made by members of a couple where the couple reside in any of the "specified districts" covered by those Orders. In particular, those articles remove provisions in the No. 13, the No. 14 and the No. 16 Orders that modified Schedule 5 to the No. 9 Order so that the UC provisions and the amending provisions came into force where claims were made by members of a couple who resided in certain of the "specified districts", as these provisions are no longer needed given the amendment of that Schedule made by article 4 and the provision made by article 5.

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.