Legislation – Welfare Reform Act 2012

Welfare Reform Act 2012, CHAPTER 4 is up to date with all changes known to be in force on or before 01 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Part 2 Chapter 4:

specified provision(s) amendment to earlier commencing S.I. 2013/1511 by S.I. 2017/57 art. 5 13 14 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2016/596 art. 4–6 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2657 by S.I. 2017/57 art. 13 15 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/2846 by S.I. 2016/596 art. 3 4 7 Sch.
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2018/138 art. 3
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/10 reg. 3(1)
specified provision(s) amendment to earlier commencing S.I. 2013/983 by S.I. 2019/167 art. 5(2)
specified provision(s) amendment to earlier commencing S.I. 2013/983, art. 5A(1), 6(1) by S.I. 2017/483 art. 2
specified provision(s) amendment to earlier commencing S.I. 2014/1583 by S.I. 2017/664 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2016/596 art. 3 4 8 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/209 by S.I. 2017/57 art. 10 16 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/596 art. 5 9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2016/963 art. 3 7 8 13 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/584 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2014/2321 by S.I. 2017/664 art. 5 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/596 art. 3–5 10 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2016/963 art. 4 6–12 14 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/57 art. 3–9 11 12 17 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/584 art. 3 4 6–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/101 by S.I. 2017/664 art. 3–5 7–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/596 art. 3 4 11 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2016/963 art. 3–12 15 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/57 art. 3–7 9 12 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/584 art. 3 4 6–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/1537 by S.I. 2017/664 art. 3–9 Sch.
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2018/138 art. 6
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/10 reg. 3(2)
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/167 art. 5(3)
specified provision(s) amendment to earlier commencing S.I. 2015/33 by S.I. 2019/37 art. 5
specified provision(s) amendment to earlier commencing S.I. 2015/33, art. 6(11) by S.I. 2017/483 art. 3
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2018/138 art. 6
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/10 reg. 3(3)
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/167 art. 5(4)
specified provision(s) amendment to earlier commencing S.I. 2015/634 by S.I. 2019/37 art. 5
specified provision(s) amendment to earlier commencing S.I. 2015/634, art. 7(2) by S.I. 2017/376 reg. 4
specified provision(s) amendment to earlier commencing S.I. 2016/596 by S.I. 2016/963 art. 17
specified provision(s) amendment to earlier commencing S.I. 2019/37 by S.I. 2019/935 art. 2
specified provision(s) modification of earlier commencing S.I. 2014/1583 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2014/2321 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/101 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/1537 by S.I. 2018/532 art. 3 Sch.
specified provision(s) modification of earlier commencing S.I. 2015/634 by S.I. 2018/532 art. 5

Part 2Working-age benefits

CHAPTER 4Miscellaneous

Claimants dependent on drugs etc

60Claimants dependent on drugs etc

(1)

Section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (persons dependent on drugs etc: jobseekers allowance) are repealed.

(2)

Section 15A of, and Schedule 1A to, the Welfare Reform Act 2007 (persons dependent on drugs etc: employment and support allowance) are repealed.

(3)

In the Welfare Reform Act 2009, section 11 and Schedule 3 (which includes provision for review of the provisions repealed by this section) are repealed.

Entitlement to work

61Entitlement to work: jobseeker’s allowance

(1)

The Jobseekers Act 1995 is amended as follows.

(2)

In section 1 (jobseeker’s allowance), in subsection (2), before paragraph (a) there is inserted—

“(za)

is entitled to be in employment in the United Kingdom;”.

(3)

In that section, after subsection (3) there is inserted—

“(3A)

For the purposes of subsection (2)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

(a)

the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b)

the person has been granted such leave and—

(i)

the leave is not invalid,

(ii)

the leave has not for any reason ceased to have effect, and

(iii)

the leave is not subject to a condition preventing the person from accepting any employment.”

(4)

In Schedule 1 (supplementary provisions), after paragraph 8 there is inserted—

“8ZA

Regulations may prescribe circumstances in which a person may be entitled to a jobseeker’s allowance without being entitled to be in employment in the United Kingdom.”

62Entitlement to work: employment and support allowance

(1)

The Welfare Reform Act 2007 is amended as follows.

(2)

In section 1 (employment and support allowance), in subsection (3), before paragraph (a) there is inserted—

“(za)

is entitled to be in employment in the United Kingdom,”.

(3)

In that section, after subsection (3A) there is inserted—

“(3B)

For the purposes of subsection (3)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

(a)

the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b)

the person has been granted such leave and—

(i)

the leave is not invalid,

(ii)

the leave has not for any reason ceased to have effect, and

(iii)

the leave is not subject to a condition preventing the person from accepting any employment.”

(4)

In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by section 54 of this Act) there is inserted—

“Entitlement to work in the United Kingdom

4B

Regulations may provide that in prescribed circumstances a person who is not entitled to be in employment in the United Kingdom may nevertheless be entitled to an employment and support allowance.”

63Entitlement to work: maternity allowance and statutory payments

(1)

The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2)

In section 35 (state maternity allowance)—

(a)

in subsection (1), at the end there is inserted “and

“(e)

at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.”;

(b)

in subsection (3), before paragraph (a) there is inserted—

“(za)

for circumstances in which subsection (1)(e) above does not apply;”.

(3)

In section 164 (statutory maternity pay)—

(a)

in subsection (2), after paragraph (a) there is inserted—

“(aa)

that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;”;

(b)

in subsection (9), after paragraph (d) there is inserted—

“(da)

provide for circumstances in which subsection (2)(aa) above does not apply;”.

(4)

In section 171ZA (ordinary statutory paternity pay: birth)—

(a)

in subsection (2), after paragraph (b) there is inserted—

“(ba)

that at the end of the relevant week he was entitled to be in that employment;”;

(b)

after subsection (3) there is inserted—

“(3A)

Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”

(5)

In section 171ZB (ordinary statutory paternity pay: adoption)—

(a)

in subsection (2), after paragraph (b) there is inserted—

“(ba)

that at the end of the relevant week he was entitled to be in that employment;”;

(b)

after subsection (3) there is inserted—

“(3A)

Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”

F1(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

In section 171ZL (statutory adoption pay: entitlement)—

(a)

in subsection (2), after paragraph (b) there is inserted—

“(ba)

that at the end of the relevant week he was entitled to be in that employment;”;

(b)

in subsection (3), after “(2)(b)“ there is inserted “, (ba)”;

(c)

in subsection (8), before paragraph (a) there is inserted—

“(za)

exclude the application of subsection (2)(ba) above in prescribed circumstances;”.

(9)

After section 173 there is inserted—

“173AEntitlement to be in employment

(1)

For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—

(a)

the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b)

the person has been granted such leave and—

(i)

the leave is not invalid,

(ii)

the leave has not for any reason ceased to have effect, and

(iii)

the leave is not subject to a condition preventing the person from accepting that employment.”

(10)

In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—

(a)

in paragraph 2, at the end there is inserted—

“(i)

the employee is not entitled to be in his employment on the relevant date.”;

(b)

at the end there is inserted—

“9

Paragraph 2(i) above does not apply in prescribed circumstances.”