The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019

Document Number:2019 No. 935 (C. 25)
 
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Statutory Instruments

Social Security

Made

14 th May 2019

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3) and (4)(a) , (b)(i) and (c) of the Welfare Reform Act 2012(1):

Citation and interpretation

1.—(1) This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019.

(2) In this Order, “the No. 31 Order” means the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019(2).

Amendment of the No. 31 Order

2.—(1) The No. 31 Order is amended as follows.

(2) In article 2—

(a) in paragraph (1)—

(i) before “the 2002 Act”, insert—

““the 1992 Act” means the Social Security Contributions and Benefits Act 1992(3);”;

(ii) omit the definition of “couple”;

(b) after paragraph (1) , insert—

“(1 A) In this Order, “couple” has the same meaning as in the 2002 Act(4) , save—

(a) in reference to entitlement to housing benefit, where it has the same meaning as in Part VII of the 1992 Act(5); and

(b) in article 7(3)(a) , where it has the meaning given by article 7(2)(b)(ii).”;

(c) in paragraph (3) , after “article 6(2)” insert “and article 8(2)(b)”;

(d) in paragraph (4)(b)—

(i) at the start, insert “save in article 7(3)(a) ,”;

(ii) after “part of a”, insert “mixed-age”;

(iii) for “the claim being made, or the person” substitute “a person claiming or”;

(iv) for “a person” substitute “the person”; and

(v) omit “(save in article 7(3)) a member of”.

(3) In article 7—

(a) in the heading, before “polygamous marriages” insert “application of the rules in universal credit for treatment of couples and”;

(b) in paragraph (1) , for “party to a polygamous marriage” substitute “member of a mixed-age couple”;

(c) for paragraph (2) substitute—

“(2) For the purposes of paragraph (3)—

(a) all secondary legislation relevant to assessment of entitlement to state pension credit or housing benefit applies so that claims and awards may be made in respect of the party specified in paragraph (3)(a) or (b) as a part of a couple or as a single person respectively; and

(b) the following rules in regulation 3 of the Universal Credit Regulations 2013 apply—

(i) the rule in paragraph (3) (treatment of certain couples) , which establishes that a member of a couple may make a claim as a single person;

(ii) the rule in...

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