The Social Security Benefits Up-rating Order (Northern Ireland) 2002

PART IINTRODUCTION

Citation and commencement

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 2002 and, subject to paragraph (2), shall come into operation for the purposes of—

(a)Articles 1, 2, 6 and 19 on 1st April 2002;

(b)Article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2002 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(c)Article 9 on 6th April 2002;

(d)Articles 3 to 5 and 11 to 13 on 8th April 2002;

(e)Article 10 on 7th April 2002, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(2) of the Contributions and Benefits Act(1), for which purpose it shall come into operation on 8th April 2002;

(f)Article 7 on 10th April 2002;

(g)Articles 14, 15 and 23 on 11th April 2002;

(h)Articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 8th April 2002 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations; and

(i)Articles 20 to 22, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 8th April 2002 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.

(2) The increases made—

(a)in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and

(b)by Article 20(c), in so far as it is relevant for the purposes referred to in Article 6(11),

shall take effect for each case on the date specified in relation to that case in Article 6.

Interpretation

2.—(1) In this Order—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993(3);

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(4);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(5);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(6);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(7).

(2) The Interpretation Act (Northern Ireland) 1954(8) shall apply to this Order as it applies to an Act of the Assembly.

PART IISOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act

3.—(1) The sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6 so as to have effect as set out in Schedule 1.

(2) The sums mentioned in paragraph (1) are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rate of industrial injuries benefit, respectively), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.

Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

4.—(1) The sums specified in paragraphs (2) to (5) shall be increased from and including the respective dates specified in Article 6.

(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of retirement allowance) shall be increased by 1·7 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(9) (basic pension of Category A retirement pension)—

(a)for “£66·90” there shall be substituted “£68·05”; and

(b)for “£72·50” there shall be substituted “£75·50”.

(4) It is hereby directed that the sums which are—

(a)the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 2001-02 shall be increased by 1·7 per cent. of their amount apart from this Order;

(b)the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(10) (increase of pension where entitlement is deferred) shall be increased by 4·1 per cent. of their amount apart from this Order; and

(c)payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 120 of the Social Security (Northern Ireland) Act 1975(11), Article 64 of the Social Security (Northern Ireland) Order 1986(12) or section 132 of the Administration Act shall be increased by 1·7 per cent. of their amount apart from this Order.

(5) The sums which are shared additional pensions under section 55A of the Contributions and Benefits Act(13), and the sums which are increases in the rates of such pensions under section 55C of that Act, shall in each case be increased by 1·7 per cent. of their amount apart from this Order.

Rates or amounts of certain benefits under the Pension Schemes Act

5.—(1) It is hereby directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6.

(2) Sums which are payable by virtue of section 11(1) of the Pension Schemes Act (increase of guaranteed minimum where commencement of guaranteed minimum pension is postponed) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 13(2) and (3) of that Act) shall be increased by 1·7 per cent. of their amount apart from this Order where the increase under section 11(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years(14).

Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order

6.—(1) Paragraphs (2) to (9), which are subject to the provisions of paragraphs (10) and (11), specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.

(2) Subject to paragraph (3), the increases in the sums specified in Articles 3, 4 and 11 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 8th April 2002.

(3) In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act(15), the increases in the sums mentioned in Articles 3, 4 and 11 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 11th April 2002.

(4) The increases in the sums mentioned in Articles 4(4)(c) and 5(2) shall take effect on 8th April 2002.

(5) The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance and widowed parent’s allowance, Category C and Category D retirement pension, child’s special allowance(16), attendance allowance, invalid care allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday) together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 8th April 2002.

(6) The increases in the sums specified for the rate of invalid care allowance in a case where the Department has made arrangements for it to be paid on a Wednesday, together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents under section 107(1) of that Act, shall in all cases take effect on 10th April 2002.

(7) In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act(17), by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 8th April 2002.

(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance together with, where appropriate, increases for dependants, shall take effect in all cases on 11th April 2002.

(9) The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 10th April 2002.

(10) In the case of a person who is subject to the provisions of regulations made under section 71(1)(b) of the Administration Act(18) (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in Article 4(3)(b) shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.

(11) The increases in the sums specified in Articles 3 and 20(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount, shall take effect—

(a)except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 8th April 2002;

(b)in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2002,

and for the purposes of this paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.

Workmen’s compensation

7.  In paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for “£41·75” there shall be substituted “£42·45”.

Earnings limits

8.  In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases)—

(a)in paragraph (a) for “£150” there shall be substituted “£155”; and

(b)in paragraph (b) for “£150” there shall be substituted “£155” and the sum of £20 remains the same.

Statutory sick pay

9.  In section 153(1) of the Contributions and Benefits Act (rate of payment) for “£62·20” there shall be substituted “£63·25”.

Statutory maternity pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(19) (lower rate of statutory maternity pay) for “£62·20” there shall be substituted “£75·00”.

Graduated retirement benefit

11.—(1) The sum of 9·06 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966(20) (graduated retirement benefit) shall be increased by 1·7 per cent. and accordingly the reference in that provision to that sum shall have effect as a reference to 9·21 pence.

(2) The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978(21) (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 1·7 per cent. of their amount apart from this Order.

(3) The sums which are the additions under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (special provision as to graduated retirement benefit for widows and widowers) shall be increased by 1·7 per cent. of their amount apart from this Order.

Disability living allowance

12.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(22) (rate of benefit)—

(a)in paragraph (1)(a) for “£55·30” there shall be substituted “£56·25”;

(b)in paragraph (1)(b) for “£37·00” there shall be substituted “£37·65”;

(c)in paragraph (1)(c) for “£14·65” there shall be substituted “£14·90”;

(d)in paragraph (2)(a) for “£38·65” there shall be substituted “£39·30”; and

(e)in paragraph (2)(b) for “£14·65” there shall be substituted “£14·90”.

Child benefit

13.  In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976(23) (weekly rates of child benefit)—

(a)in sub-paragraph (a)(i) for “£15·50” there shall be substituted “£15·75”;

(b)in sub-paragraph (a)(ii) the sum of £17·55 remains the same; and

(c)in sub-paragraph (b) for “£10·35” there shall be substituted “£10·55”.

Age addition to long-term incapacity benefit

14.  In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(24) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a)in sub-paragraph (a) for “£14·65” there shall be substituted “£14·90”; and

(b)in sub-paragraph (b) for “£7·35” there shall be substituted “£7·45”.

Transitional invalidity allowance in long-term incapacity benefit cases

15.  In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(25) (rate of long-term incapacity benefit in transitional cases)—

(a)in sub-paragraph (a) for “£14·65” there shall be substituted “£14·90”;

(b)in sub-paragraph (b) for “£9·30” there shall be substituted “£9·50”; and

(c)in sub-paragraph (c) for “£4·65” there shall be substituted “£4·75”.

PART IIIINCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support

16.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this Article and Schedules 2 to 5 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Income Support Regulations bearing that number.

(2) In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (c)(ii) and (d)(i) and paragraphs 13A(2)(a)(26) and 14(a) of Part III of Schedule 2, the sum specified is in each case £3,000.

(3) The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.

(4) In paragraph 3 of Part II of Schedule 2(27) (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) the sum of £15·90 remains the same; and

(b)in sub-paragraph (1)(b) for “£14·50” there shall be substituted “£14·75”.

(5) The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3(28) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1) the sums of £47·75 and £7·40 remain the same;

(b)in sub-paragraph (2)(a) for “£84·00” there shall be substituted “£88·00”;

(c)in sub-paragraph (2)(b) for “£84·00” and “£125·00” there shall be substituted “£88·00” and “£131·00” respectively and the sum of £17·00 remains the same;

(d)in sub-paragraph (2)(c) for “£125·00” and “£163·00” there shall be substituted “£131·00” and “£170·00” respectively and the sum of £23·35 remains the same;

(e)in sub-paragraph (2)(d) for “£163·00” and “£215·00” there shall be substituted “£170·00” and “£225·00” respectively and the sum of £38·20 remains the same; and

(f)in sub-paragraph (2)(e) for “£215·00” and “£269·00” there shall be substituted “£225·00” and “£281·00” respectively and the sum of £43·50 remains the same.

(7) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 4 to this Order.

(8) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.

(9) In paragraph 19(b) of Schedule 9(29) (sums to be disregarded in the calculation of income other than earnings) for “£9·25” there shall be substituted “£9·40”.

Income support transitional protection

17.  Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987(30) shall be increased by 1·7 per cent. of their amount apart from this Order.

Relevant sum for income support

18.  In section 125(7) of the Contributions and Benefits Act (trade disputes) for “£28·50” there shall be substituted “£29·00”.

Housing benefit

19.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this Article and Schedules 6 and 7 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit Regulations bearing that number.

(2) In regulations 16(b) and 17(c) and paragraphs 13A(2)(a)(31) and 14(a) of Part III of Schedule 2 the sum specified is in each case £3,000.

(3) In regulation 18(1) (patients)—

(a)in sub-paragraphs (a), (b) and (d)(ii) for “£18·15” there shall be substituted “£18·90”;

(b)in sub-paragraphs (c)(i) and (d)(i) for “£14·50” there shall be substituted “£15·10”; and

(c)in sub-paragraph (c)(ii) for “£36·30” there shall be substituted “£37·80”.

(4) In regulation 63 (non-dependant deductions)—

(a)in paragraph (1) the sums of £47·75, £6·95, £7·40 and £2·30 remain the same; and

(b)in paragraph (2)—

(i)in sub-paragraph (a) for “£84·00” there shall be substituted “£88·00”,

(ii)in sub-paragraph (b) for “£84·00” and “£125·00” there shall be substituted “£88·00” and “£131·00” respectively and the sum of £17·00 remains the same,

(iii)in sub-paragraph (c) for “£125·00” and “£163·00” there shall be substituted “£131·00” and “£170·00” respectively and the sum of £23·35 remains the same,

(iv)in sub-paragraph (ca)(32) for “£163·00” and “£215·00” there shall be substituted “£170·00” and “£225·00” respectively and the sum of £38·20 remains the same,

(v)in sub-paragraph (cb) for “£215·00” and “£269·00” there shall be substituted “£225·00” and “£281·00” respectively and the sum of £43·50 remains the same,

(vi)in sub-paragraph (d)(33) for “£125·00” there shall be substituted “£131·00”,

(vii)in sub-paragraph (e)(34) for “£125·00” and “£215·00” there shall be substituted “£131·00” and “£225·00” respectively and the sum of £4·60 remains the same, and

(viii)in sub-paragraph (f) for “£215·00” and “£269·00” there shall be substituted “£225·00” and “£281·00” respectively and the sum of £5·80 remains the same.

(5) In Schedule 1 (ineligible service charges)—

(a)in paragraph 1A(35) for “£18·95”, “£18·95”, “£9·55”, “£12·60”, “£12·60”, “£6·35” and “£2·30” there shall be substituted “£19·25”, “£19·25”, “£9·70”, “£12·80”, “£12·80”, “£6·45” and “£2·35” respectively; and

(b)in paragraph 5(2) for “£9·25” there shall be substituted “£9·40”.

(6) The sums specified in Part I of Schedule 2(36) (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

(7) In paragraph 3 of Part II of Schedule 2(37) (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) the sum of £22·20 remains the same; and

(b)in sub-paragraph (1)(b) for “£14·50” there shall be substituted “£14·75”.

(8) The sums specified in Part IV of Schedule 2(38) (applicable amounts: amounts of premiums) shall be as set out in Schedule 7 to this Order.

(9) In paragraph 22(b) of Schedule 4(39) (sums to be disregarded in the calculation of income other than earnings) for “£9·25” there shall be substituted “£9·40”.

PART IVJOBSEEKER'S ALLOWANCE

Age-related amounts of contribution-based jobseeker’s allowance

20.  In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance)—

(a)in sub-paragraph (a) for “£31·95” there shall be substituted “£32·50”;

(b)in sub-paragraph (b) for “£42·00” there shall be substituted “£42·70”; and

(c)in sub-paragraph (c) for “£53·05” there shall be substituted “£53·95”.

Applicable amounts for jobseeker’s allowance

21.—(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this Article and Schedules 8 to 13 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Jobseeker’s Allowance Regulations bearing that number.

(2) In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (c)(ii) and (d)(i) and paragraphs 15A(2)(a)(40) and 16(a) of Part III of Schedule 1 the sum specified is in each case £3,000.

(3) The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(4) In paragraph 4 of Part II of Schedule 1(41) (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) the sum of £15·90 remains the same; and

(b)in sub-paragraph (1)(b) for “£14·50” there shall be substituted “£14·75”.

(5) The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 9 to this Order.

(6) The sums specified in Part IVB of Schedule 1(42) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 10 to this Order.

(7) In paragraph 17 of Schedule 2(43) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1) the sums of £47·75 and £7·40 remain the same;

(b)in sub-paragraph (2)(a) for “£84·00” there shall be substituted “£88·00”;

(c)in sub-paragraph (2)(b) for “£84·00” and “£125·00” there shall be substituted “£88·00” and “£131·00” respectively and the sum of £17·00 remains the same;

(d)in sub-paragraph (2)(c) for “£125·00” and “£163·00” there shall be substituted “£131·00” and “£170·00” respectively and the sum of £23·35 remains the same;

(e)in sub-paragraph (2)(d) for “£163·00” and “£215·00” there shall be substituted “£170·00” and “£225·00” respectively and the sum of £38·20 remains the same; and

(f)in sub-paragraph (2)(e) for “£215·00” and “£269·00” there shall be substituted “£225·00” and “£281·00” respectively and the sum of £43·50 remains the same.

(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts in special cases) shall be as set out in Schedule 11 to this Order.

(9) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4A(44) (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 12 to this Order.

(10) In paragraph 20(b) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “£9·25” there shall be substituted “£9·40”.

(11) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 13 to this Order are the sums set out in column (2) of that Schedule.

Prescribed sum for jobseeker’s allowance

22.  In regulation 170 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£28·50” there shall be substituted “£29·00”.

PART VREVOCATIONS

Revocations

23.  Article 18 of the Social Security Benefits Up-rating Order (Northern Ireland) 1996(45) and the Social Security Benefits Up-rating Order (Northern Ireland) 2001(46) are hereby revoked.