2003 No. 155

SOCIAL SECURITY
STATUTORY MATERNITY PAY; STATUTORY SICK PAY; EMPLOYMENT; HOUSING; RATES

The Social Security Benefits Up-rating Order (Northern Ireland) 2003

Made

Coming into operation in accordance with Article 1

Whereas the Secretary of State has made an Order1 under sections 150, 151 and 189(1), (4) and (5) of the Social Security Administration Act 19922:

Now, therefore, the Department for Social Development, in exercise of the powers conferred by sections 132 and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19923, and now vested in it4, and of all other powers enabling it in that behalf, hereby makes the following Order:

PART IINTRODUCTION

Citation, commencement and effect1

1

This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 2003 and, subject to paragraphs (2) and (3), shall come into operation for the purposes of–

a

Articles 1, 2 and 6 on 1st April 2003;

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 2003 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;

c

Articles 9 to 11 on 6th April 2003;

d

Articles 3 to 5, 7, 12 to 14 and 24 on 7th April 2003;

e

Articles 15, 16 and 25 on 10th April 2003;

f

Articles 17 to 19, 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 7th April 2003 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

g

Article 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 2003, and in relation to any other case, on 1st April 2003; and

h

Articles 21 to 23, 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 7th April 2003 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.

2

Where, so far as it relates to any particular beneficiary, Article 10 comes into operation in accordance with paragraph (1)(c) on 6th April 2003, it shall come into operation immediately after the coming into operation of regulation 2(3) of the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 20025.

3

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 21(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.

Interpretation2

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 19926;

  • “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 19937;

  • “the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 19968;

  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 19879;

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 198710;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 199611;

  • “the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 200312.

2

The Interpretation Act (Northern Ireland) 195413 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 Act3

1

The sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6 so that Schedule 4 to the Contributions and Benefits Act (rates of benefit, etc.) has 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 except in–

a

Part I, the sum specified for child’s special allowance;

b

Part III, the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act;

c

Part IV, the sums specified in column (2) (increase for qualifying child); and

d

Part V, the sums specified for the increase in disablement pension for dependant children, widow’s pension (initial rate) and death benefit allowance in respect of children.

Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act4

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 a beneficiary’s 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 Act14 (basic pension of Category A retirement pension)–

a

for “£68·05” there shall be substituted “£69·20”; and

b

for “£75·50” there shall be substituted “£77·45”.

4

It is hereby directed that the sums which are–

a

the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2002-03 shall be increased by 1·7 per cent. of their amount apart from this Order;

b

subject to sub-paragraph (c), the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act15 (increase of pension where entitlement is deferred) shall be increased by 6·6 per cent. of their amount apart from this Order;

c

the increases in the rates of retirement pensions relating to additional pensions under Schedule 5 to the Contributions and Benefits Act shall be increased by 1·7 per cent. of their amount apart from this Order; and

d

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 197516, Article 64 of the Social Security (Northern Ireland) Order 198617 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 Act18, 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 Act5

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) 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 years19.

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 Order6

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), any increases in the sums specified in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 7th April 2003.

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 Act20, any increases in the sums mentioned in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 10th April 2003.

4

The increases in the sums mentioned in Articles 4(4)(d) and 5(2) shall take effect on 7th April 2003.

5

Any 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 allowance21, attendance allowance, carer’s allowance22 (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 7th April 2003.

6

Any increases in the sums specified for the rate of carer’s 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 9th April 2003.

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 Act23, by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 7th April 2003.

8

The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance together with, where appropriate, any increases for dependants, shall take effect in all cases on 10th April 2003.

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 9th April 2003.

10

In the case of a person who is subject to the provisions of regulations made under section 71(1)(b) of the Administration Act24 (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

Any increases in the sums specified in Articles 3 and 21(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 7th April 2003;

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 2003,

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 compensation7

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 “£42·45” there shall be substituted “£43·15”.

Earnings limits8

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

a

in paragraph (a) for “£155” there shall be substituted “£160”; and

b

in paragraph (b) for “£155” there shall be substituted “£160” and the sum of £20 remains the same.

Statutory sick pay9

In section 153(1) of the Contributions and Benefits Act (rate of payment) for “£63·25” there shall be substituted “£64·35”.

Statutory maternity pay10

In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 198725 (prescribed rate of statutory maternity pay) the sum of £100·00 remains the same.

Statutory paternity pay and statutory adoption pay11

In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 200226

a

in regulation 2 (weekly rate of payment of statutory paternity pay)–

i

in paragraph (1) the sum of £75·00 remains the same; and

ii

in paragraph (2)(a) the sum of £100·00 remains the same; and

b

in regulation 3(a) (weekly rate of payment of statutory adoption pay) the sum of £100·00 remains the same.

Graduated retirement benefit12

1

The sum of 9·21 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 196627 (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 9·37 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) 197828 (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 allowance13

In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199229 (rate of benefit)–

a

in paragraph (1)(a) for “£56·25” there shall be substituted “£57·20”;

b

in paragraph (1)(b) for “£37·65” there shall be substituted “£38·30”;

c

in paragraph (1)(c) for “£14·90” there shall be substituted “£15·15”;

d

in paragraph (2)(a) for “£39·30” there shall be substituted “£39·95”; and

e

in paragraph (2)(b) for “£14·90” there shall be substituted “£15·15”.

Child benefit14

In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 197630 (weekly rates of child benefit)–

a

in sub-paragraph (a)(i) for “£15·75” there shall be substituted “£16·05”;

b

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

c

in sub-paragraph (b) for “£10·55” there shall be substituted “£10·75”.

Age addition to long-term incapacity benefit15

In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 199431 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)–

a

in sub-paragraph (a) for “£14·90” there shall be substituted “£15·15”; and

b

in sub-paragraph (b) for “£7·45” there shall be substituted “£7·60”.

Transitional invalidity allowance in long-term incapacity benefit cases16

In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 199532 (rate of long-term incapacity benefit in transitional cases)–

a

in sub-paragraph (a) for “£14·90” there shall be substituted “£15·15”;

b

in sub-paragraph (b) for “£9·50” there shall be substituted “£9·70”; and

c

in sub-paragraph (c) for “£4·75” there shall be substituted “£4·85”.

PART IIIINCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support17

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)33 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 234 (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 “£14·75” there shall be substituted “£15·75”.

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 335 (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 “£88·00” there shall be substituted “£92·00”;

c

in sub-paragraph (2)(b) for “£88·00” and “£131·00” there shall be substituted “£92·00” and “£137·00” respectively and the sum of £17·00 remains the same;

d

in sub-paragraph (2)(c) for “£131·00” and “£170·00” there shall be substituted “£137·00” and “£177·00” respectively and the sum of £23·35 remains the same;

e

in sub-paragraph (2)(d) for “£170·00” and “£225·00” there shall be substituted “£177·00” and “£235·00” respectively and the sum of £38·20 remains the same; and

f

in sub-paragraph (2)(e) for “£225·00” and “£281·00” there shall be substituted “£235·00” and “£293·00” 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 936 (sums to be disregarded in the calculation of income other than earnings) for “£9·40” there shall be substituted “£9·65”.

Income support transitional protection18

Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 198737 shall be increased by 1·3 per cent. of their amount apart from this Order.

Relevant sum for income support19

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

Housing benefit20

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)38 and 14(a) of Part III of Schedule 2 the sum specified is in each case £3,000.

3

In regulation 18(1)39 (patients)–

a

in sub-paragraphs (a), (b) and (d)(ii) for “£18·90” there shall be substituted “£19·35”;

b

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

c

in sub-paragraph (c)(ii) for “£37·80” there shall be substituted “£38·70”.

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 “£88·00” there shall be substituted “£92·00”,

ii

in sub-paragraph (b) for “£88·00” and “£131·00” there shall be substituted “£92·00” and “£137·00” respectively and the sum of £17·00 remains the same,

iii

in sub-paragraph (c) for “£131·00” and “£170·00” there shall be substituted “£137·00” and “£177·00” respectively and the sum of £23·35 remains the same,

iv

in sub-paragraph (ca)40 for “£170·00” and “£225·00” there shall be substituted “£177·00” and “£235·00” respectively and the sum of £38·20 remains the same,

v

in sub-paragraph (cb) for “£225·00” and “£281·00” there shall be substituted “£235·00” and “£293·00” respectively and the sum of £43·50 remains the same,

vi

in sub-paragraph (d)41 for “£131·00” there shall be substituted “£137·00”,

vii

in sub-paragraph (e)42 for “£131·00” and “£225·00” there shall be substituted “£137·00” and “£235·00” respectively and the sum of £4·60 remains the same, and

viii

in sub-paragraph (f) for “£225·00” and “£281·00” there shall be substituted “£235·00” and “£293·00” respectively and the sum of £5·80 remains the same.

5

In Schedule 1 (ineligible service charges)–

a

in paragraph 1A43 for “£19·25”, “£19·25”, “£9·70”, “£12·80”, “£12·80”, “£6·45” and “£2·35” there shall be substituted “£19·50”, “£19·50”, “£9·85”, “£12·95”, “£12·95”, “£6·55” and “£2·40” respectively; and

b

in paragraph 5(2) for “£9·40” there shall be substituted “£9·65”.

6

The sums specified in Part I of Schedule 244 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

7

In paragraph 3 of Part II of Schedule 245 (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 “£14·75” there shall be substituted “£15·75”.

8

The sums specified in Part IV of Schedule 246 (applicable amounts: amounts of premiums) shall be as set out in Schedule 7 to this Order.

9

In paragraph 22(b) of Schedule 447 (sums to be disregarded in the calculation of income other than earnings) for “£9·40” there shall be substituted “£9·65”.

PART IVJOBSEEKER'S ALLOWANCE

Age-related amounts of contribution-based jobseeker’s allowance21

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

a

in sub-paragraph (a) for “£32·50” there shall be substituted “£32·90”;

b

in sub-paragraph (b) for “£42·70” there shall be substituted “£43·25”; and

c

in sub-paragraph (c) for “£53·95” there shall be substituted “£54·65”.

Applicable amounts for jobseeker’s allowance22

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)48 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 149 (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 “£14·75” there shall be substituted “£15·75”.

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 150 (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 251 (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 “£88·00” there shall be substituted “£92·00”;

c

in sub-paragraph (2)(b) for “£88·00” and “£131·00” there shall be substituted “£92·00” and “£137·00” respectively and the sum of £17·00 remains the same;

d

in sub-paragraph (2)(c) for “£131·00” and “£170·00” there shall be substituted “£137·00” and “£177·00” respectively and the sum of £23·35 remains the same;

e

in sub-paragraph (2)(d) for “£170·00” and “£225·00” there shall be substituted “£177·00” and “£235·00” respectively and the sum of £38·20 remains the same; and

f

in sub-paragraph (2)(e) for “£225·00” and “£281·00” there shall be substituted “£235·00” and “£293·00” 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 Schedule 11 to this Order.

9

Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4A52 (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 “£9·40” there shall be substituted “£9·65”.

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 allowance23

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

PART VSTATE PENSION CREDIT

State pension credit24

1

The prescribed sums as specified in the State Pension Credit Regulations shall be the sums set out in the following provisions of this Article; 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 State Pension Credit Regulations bearing that number.

2

In regulation 6 (amount of the guarantee credit)–

a

in paragraph (1)(a) the sum of £155·80 remains the same;

b

in paragraph (1)(b) the sum of £102·10 remains the same;

c

in paragraph (5)(a) the sum of £42·95 remains the same;

d

in paragraph (5)(b) the sum of £85·90 remains the same; and

e

in paragraph (8) the sum of £25·10 remains the same.

3

In regulation 7 (savings credit)–

a

in paragraph (1)(a), (b) and (c) “60 per cent.”,“60 per cent.” and “40 per cent.” respectively remain the same.

b

in paragraph (2) the sums of £77·45 and £123·80 remain the same.

4

In paragraph 14 of Schedule 2 (housing costs: persons residing with the claimant)–

a

in sub-paragraph (1)(a) the sum of £47·75 remains the same;

b

in sub-paragraph (1)(b) and (c) the sums of £7·40 remain the same;

c

in sub-paragraph (2)(a) the sum of £88·00 remains the same;

d

in sub-paragraph (2)(b) the sums of £88·00, £131·00 and £17·00 remain the same;

e

in sub-paragraph (2)(c) the sums of £131·00, £170·00 and £23·35 remain the same;

f

in sub-paragraph (2)(d) the sums of £170·00, £225·00 and £38·20 remain the same; and

g

in sub-paragraph (2)(e) the sums of £225·00, £281·00 and £43·50 remain the same.

5

In paragraph 1 of Schedule 3 (special groups: polygamous marriages)–

a

in sub-paragraph (5), which substitutes regulation 6(1), the sums of £155·80 and £53·70 remain the same; and

b

in sub-paragraph (7), which substitutes regulation 7(2), the sum of £123·80 remains the same.

6

The sums specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 14 to this Order are the sums set out in column (2) of that Schedule.

PART VIREVOCATION

Revocation25

The Social Security Benefits Up-rating Order (Northern Ireland) 200253 is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 10th March 2003.

John O'NeillSenior Officer of theDepartment for Social Development

SCHEDULE 1SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER

Article 3(1)

SCHEDULE 4RATES OF BENEFITS, ETC.

PART Icontributory periodical benefits

Description of benefit

Weekly rate

2

Short-term incapacity benefit.

a

lower rate

£54·40

b

higher rate

£64·35.

2A

Long-term incapacity benefit.

£72·15.

5

Category B retirement pension where section 48A(3) applies.

£46·35.

6

Child’s special allowance.

£11·35.

PART II56bereavement payment

Bereavement payment.

£2,000·00

PART IIInon-contributory periodical benefits

Description of benefit

Weekly rate

1

Attendance allowance.

a

higher rate

£57·20

b

lower rate

£38·30

(the appropriate rate being determined in accordance with section 65(3)).

2

Severe disablement allowance.

£43 60.

3

Age related addition.

a

higher rate

£15·15

b

middle rate

£9·70

c

lower rate

£4·85

(the appropriate rate being determined in accordance with section 69(1)).

4

Carer’s allowance.

£43·15.

5

Guardian’s allowance.

£11·55.

6

Category C retirement pension.

a

lower rate

£27·70

b

higher rate

£46·35

(the appropriate rate being determined in accordance with section 78(5)).

7

Category D retirement pension.

The higher rate for Category C retirement pensions under paragraph 6 above.

8

Age addition (to a pension of any category, and otherwise under section 79).

£0·25.

PART IVincreases for dependants

Benefit to which increase applies

Increase for qualifying child

Increase for adult dependant

(1)

(2)

(3)

£

£

1A

Short-term incapacity benefit–

a

where the beneficiary is under pensionable age

11·35

33·65

b

where the beneficiary is over pensionable age.

11·35

41·50

2

Long-term incapacity benefit.

11·35

43·15

3

Maternity allowance.

33·65

4

Widowed mother’s allowance.

11·35

4A

Widowed parent’s allowance

11·35

5

Category A or B retirement pension.

11·35

46·35

6

Category C retirement pension.

11·35

27·70

7

Child’s special allowance.

11·35

8

Severe disablement allowance.

11·35

25·90

9

Carer’s allowance.

11·35

25·80

PART Vrate of industrial injuries benefit

Description of benefit, etc.

Rate

1

Disablement pension (weekly rates).

For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table, using–

  1. a

    column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a child or adult dependant;

  2. b

    column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled;

TABLE

Degree of disablement

Amount

(1)

(2)

(3)

Per cent.

£

£

100

116·80

71·55

90

105·12

64·40

80

93·44

57·24

70

81·76

50·09

60

70·08

42·93

50

58·40

35·78

40

46·72

28·62

30

35·04

21·47

20

23·36

14·31

2

Maximum increase of weekly rate of disablement pension where constant attendance needed.

a

except in cases of exceptionally severe disablement

£46·80

b

in any case of exceptionally severe disablement

£93·60

3

Increase of weekly rate of disablement pension (exceptionally severe disablement).

£46·80

4

Maximum of aggregate of weekly benefit payable for successive accidents.

a

for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a child or adult dependant

£116·80

b

for any period during which the beneficiary is not over the age of 18 and not so entitled

£71·55

5

Unemployability supplement under paragraph 2 of Schedule 7.

£72·15

6

Increase under paragraph 3 of Schedule 7 of weekly rate of unemployability supplement.

a

if on the qualifying date the beneficiary was under the age of 35 or if that date fell before 5th July 1948

£15·15

b

if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979

£15·15

c

if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45

£9·70

d

if heads (a), (b) and (c) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979

£9·70

e

in any other case

£4·85

7

Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension.

£11·35

8

Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension.

£43·15

9

Maximum disablement gratuity under paragraph 9 of Schedule 7.

£7,760·00

10

Widow’s pension (weekly rates).

a

initial rate

£57·65

b

higher permanent rate

£77·45

c

lower permanent rate…30 per cent. of the first sum specified in section 44(4) (Category A basic retirement pension)

(the appropriate rate being determined in accordance with paragraph 16 of Schedule 7)

11

Widower’s pension (weekly rate).

£77·45

12

Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7.

In respect of each qualifying child

£11·35.

SCHEDULE 2PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

Article 17(3)

PART Ipersonal allowances

1

The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(a) and 18(1)(a) and (b) (applicable amounts and polygamous marriages).

Column (1)

Column (2)

Person or Couple

Amount

1

Single claimant aged–

1

a

except where head (b) or (c) applies, less than 18;

a

£32·90;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£43·25;

c

less than 18 who satisfies the condition in paragraph 11(a);

c

£43·25;

d

not less than 18 but less than 25;

d

£43·25;

e

not less than 25.

e

£54·65.

2

Lone parent aged–

2

a

except where head (b) or (c) applies, less than 18;

a

£32·90;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£43·25;

c

less than 18 who satisfies the condition in paragraph 11(a);

c

£43·25;

d

not less than 18.

d

£54·65.

3

Couple–

3

a

where both members are aged less than 18 and–

a

£65·30;

i

at least one of them is treated as responsible for a child,

ii

had they not been members of a couple, each would have qualified for income support under regulation 4ZA,

iii

the claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), or

iv

there is in force in respect of the claimant’s partner a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship);

b

where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;

b

£43·25;

c

where both members are aged less than 18

c

£32·90; and heads (a) and (b) do not apply;

d

where both members are aged not less than 18;

d

£85·75;

e

where one member is aged not less than 18 and the other member is a person under 18 who–

i

qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple,

ii

satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, or

iii

is the subject of a direction under Article 18 of the Jobseekers Order;

e

£85·75;

f

where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who–

i

would not qualify for income support under regulation 4ZA if he were not a member of a couple,

ii

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

iii

is not the subject of a direction under Article 18 of the Jobseekers Order;

f

£43·25;

g

where the claimant is aged not less than 25 and his partner is a person under 18 who–

i

would not qualify for income support under regulation 4ZA if he were not a member of a couple,

ii

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

iii

is not the subject of a direction under Article 18 of the Jobseekers Order.

g

£54·65.

2

1

The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

Column (1)

Column (2)

Child or young person

Amount

Person in respect of the period–

a

beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

a

£38·50;

b

beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

b

£38·50.

2A

1

The weekly amount for the purposes of regulations 17(1)(bb) and 18(1)(cc) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be £65·50.

SCHEDULE 3PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

Article 17(5)

PART IVweekly amounts of premiums specified in part iii

Premium

Amount

15

1A

Bereavement Premium.

1A

£22·80.

2

Pensioner Premium for persons aged under 75–

2

a

where the claimant satisfies the condition in paragraph 9(a);

a

£47·45;

b

where the claimant satisfies the condition in paragraph 9(b).

b

£70·05.

2A

Pensioner Premium for persons aged 75 and over–

2A

a

where the claimant satisfies the condition in paragraph 9A(a);

a

£47·45;

b

where the claimant satisfies the condition in paragraph 9A(b).

b

£70·05.

3

Higher Pensioner Premium–

3

a

where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

a

£47·45;

b

where the claimant satisfies the condition in paragraph 10(2)(a) or (b).

b

£70·05.

4

Disability Premium–

4

a

where the claimant satisfies the condition in paragraph 11(a);

a

£23·30;

b

where the claimant satisfies the condition in paragraph 11(b).

b

£33·25.

5

Severe Disability Premium–

5

a

where the claimant satisfies the condition in paragraph 13(2)(a);

a

£42·95;

b

where the claimant satisfies the condition in paragraph 13(2)(b)–

b

i

if there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A),

i

£42·95,

ii

if no one is in receipt of such an allowance.

ii

£85·90.

6

Disabled Child Premium.

6

£41·30 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

7

Carer Premium.

7

£25·10 in respect of each person who satisfies the condition specified in paragraph 14ZA.

8

Enhanced disability premium where the conditions in paragraph 13A are satisfied.

8

a

£16·60 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

b

£11·40 in respect of each person who is neither–

i

a child or young person, nor

ii

a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied;

c

£16·45 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

SCHEDULE 4INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES

Article 17(7)

PART Iprovisions in schedule 7 to the income support regulations as amended by this order

Column (1)

Column (2)

Patients

1

Subject to paragraphs 2, 2A and 3, a person who has been a patient for a period of more than 6 weeks and who is–

1

a

a single claimant; regulation 17(1)(e), (f) or (g);

a

£19·35 plus any amount applicable under

b

a lone parent; him under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2 (applicable amounts);

b

£19·35 plus any amounts applicable to

c

a member of a couple–

c

i

where only one of the couple is a patient or, where both members of the couple are patients but only one has been a patient for that period,

i

the amount applicable in respect of both of them under regulation 17(1) (applicable amounts) reduced by £15·50,

ii

where both members of the couple have been a patient for that period;

ii

£38·70 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2;

d

a member of a polygamous marriage–

d

i

where at least one member of the polygamous marriage is not a patient or has not been a patient for more than that period,

i

the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £15·50 in respect of each such member who is a patient,

ii

where all the members of the polygamous marriage have been patients for more than that period.

ii

the applicable amount shall be £19·35 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h), or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.

2

A single claimant who has been a patient for a continuous period of more than 52 weeks, where–

2

a

the following conditions are satisfied–

i

a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 198770 (persons unable to act),

ii

his income support is payable to an administrative officer of the hospital or other institution either as or at the request of the person so appointed, and

iii

a registered medical practitioner treating him certifies that all or part of his income support cannot be used by him or on his behalf; or

a

Such amount (if any) not exceeding £15·50 as is reasonable having regard to the views of the hospital staff and the patient’s relatives if available as to the amount necessary for his personal use; or

b

those conditions are not satisfied.

b

£15·50.

2A

A single claimant who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 198672 and who immediately before his detention under that Order was a prisoner.

2A

£15·50.

3

3

a

A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or

a

The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in column (1) of this paragraph shall be £15·50 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

b

where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.

b

the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in column (1) of this paragraph shall be £15·50 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Single claimants temporarily in accommodation provided by a Health and Social Service Board

10A

A single claimant who is temporarily in accommodation referred to in the definition of “residential accommodation” in regulation 21(3) (special cases).

10A

£77·45 of which £17·50 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g).

Couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board

10B

1

A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in the definition of “residential accommodation” in regulation 21(3).

10B

1

The aggregate of the amount applicable to the member who remains in the home calculated as if he were a single claimant under regulation 17(1), 19 or 21 and in respect of the other member, £77·45 of which £17·50 is for personal expenses.

2

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).

2

The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 18 and in respect of each member not in the home £77·45 of which £17·50 is for personal expenses.

3

A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1).

3

For each member of that couple or marriage £77·45 of which £17·50 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h).

Lone parents who are in residential accommodation temporarily

10C

A claimant who is a lone parent who has entered residential accommodation temporarily.

10C

£77·45 of which £17·50 is for personal expenses plus–

a

in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and

b

any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g).

Persons in residential accommodation

13

1

Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is–

13

1

Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus–

a

a single claimant;

a

£77·45 of which £17·50 is for personal expenses;

b

a lone parent;

b

the amount specified in head (a) of this column;

c

one of a couple;

c

twice the amount specified in head (a) of this column;

d

a child or young person;

d

the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2;

e

a member of a polygamous marriage.

e

the amount specified in head (a) multiplied by the number of members of the polygamous marriage in, or only temporarily absent from, that accommodation.

2

A single claimant who has become a patient and whose residential accommodation was provided by and managed by the Department.

2

Any amount applicable under regulation 17(1)(f) or (g), plus £17·50.

PART IIother sums specified in schedule 7 to the income support regulations

Paragraph in Schedule 7

Specified Sum

7

Members of religious orders

Nil.

8

Prisoners

Nil.

15

Persons from abroad

Nil.

SCHEDULE 5OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

Article 17(8)

Column (1)

Column (2)

Provisions in Income Support Regulations

Specified Sum

Regulation 22A(1)78

Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.

Regulation 71(1)(a)(i)

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Regulation 71(1)(c)(i)

98 per cent. of the applicable amount for persons in residential accommodation.

Regulation 71(1)(d)79

90 per cent. of the applicable amount.

Schedule 380, paragraph 6(1)(b)

Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).

Schedule 3, paragraph 6(1)(c)

Nil.

Schedule 3, paragraph 7(8)

100 per cent. of the eligible interest.

Schedule 3, paragraph 8(1)(b)

Nil.

Schedule 3, paragraph 10

The weekly amount of housing costs is the amount calculated by the formula

A×B.52math

Schedule 3, paragraph 11(5)

£100,000.

Schedule 3, paragraph 11(7)(a)

The alternative appropriate amount shall be calculated using the formula

P×Q.math

Schedule 3, paragraph 11(11)

The qualifying portion of a loan shall be determined by the formula

R×ST.math

Schedule 3, paragraph 12(1)(a)

5·34 per cent.

Schedule 3, paragraph 12(2) and (3)

5 per cent.

SCHEDULE 6PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

Article 20(6)

PART Ipersonal allowances

1

The amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 16(a) and 17(a) and (b)–

Column (1)

Column (2)

Person or Couple

Amount

1

Single claimant aged–

1

b

less than 25;

b

£43·25;

c

not less than 25.

c

£54·65.

2

Lone parent aged–

2

a

less than 18;

a

£43·25;

b

not less than 18.

b

£54·65.

3

Couple–

3

a

where both members are aged less than 18;

a

£65·30;

b

where at least one member is aged not less than 18.

b

£85·75.

2

1

The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 16(b) and 17(c)–

Column (1)

Column (2)

Child or young person

Amount

Person in respect of the period–

a

beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

a

£38·50;

b

beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

b

£38·50.

SCHEDULE 7PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

Article 20(8)

PART IVamounts of premiums specified in part iii

Premium

Amount

15

1A

Bereavement Premium.

1A

£22·80.

2

Pensioner Premium for persons aged under 75–

2

a

where the claimant satisfies the condition in paragraph 9(a);

a

£47·45;

b

where the claimant satisfies the condition in paragraph 9(b).

b

£70·05.

3

Pensioner Premium for persons aged 75 and

3

over–

a

where the claimant satisfies the condition in paragraph 9A(a);

a

£47·45;

b

where the claimant satisfies the condition in paragraph 9A(b).

b

£70·05.

4

Higher Pensioner Premium–

4

a

where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

a

£47·45;

b

where the claimant satisfies the condition

b

£70·05. in paragraph 10(2)(a) or (b).

5

Disability Premium–

5

a

where the claimant satisfies the condition in paragraph 11(a);

a

£23·30;

b

where the claimant satisfies the condition in paragraph 11(b).

b

£33·25.

6

Severe Disability Premium–

6

a

where the claimant satisfies the condition in paragraph 13(2)(a);

a

£42·95;

b

where the claimant satisfies the condition in paragraph 13(2)(b)–

b

i

in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

i

£42·95;

ii

in a case where there is no-one in receipt of such an allowance.

ii

£85·90.

7

Disabled Child Premium.

7

£41·30 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

8

Carer Premium.

8

£25·10 in respect of each person who satisfies the condition specified in paragraph 14ZA.

9

Enhanced Disability Premium where the conditions in paragraph 13A are satisfied.

9

a

£16·60 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

b

£11·40 in respect of each person who is neither –

i

a child or young person, nor

ii

a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied;

c

£16·45 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

SCHEDULE 8PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

Article 22(3)

PART Ipersonal allowances

1

The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages).

Column (1)

Column (2)

Person or Couple

Amount

1

Single claimant aged–

1

a

except where head (b) or (c) applies, less than 18;

a

£32·90;

b

less than 18 who falls within regulation 57(2) and who–

b

£43·25;

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

c

less than 18 who satisfies the condition in paragraph 13(a) of Part III;

c

£43·25;

d

not less than 18 but less than 25;

d

£43·25;

e

not less than 25.

e

£54·65.

2

Lone parent aged–

2

a

except where head (b) or (c) applies, less than 18;

a

£32·90;

b

less than 18 who falls within regulation 57(2) and who–

b

£43·25;

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

c

less than 18 who satisfies the condition in paragraph 13(a) of Part III;

c

£43·25;

d

not less than 18.

d

£54·65.

3

Couple–

3

a

where both members are aged less than 18 and–

i

at least one of them is treated as responsible for a child;

ii

had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 applied;

iii

had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it;

iv

they are married and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62;

iva

they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies;

v

there is a direction under Article 18 of the Order in respect of each member;

vi

there is a direction under Article 18 of the Order in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies, or

vii

there is a direction under Article 18 of the Order in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

a

£65·30;

b

where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within regulation 57(2) and either–

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

b

£43·25;

c

where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple–

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

c

£32·90;

d

where both members are aged less than 18 and head (a), (b) or (c) of sub-paragraph (3) does not apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);

d

£43·25;

e

where both members are aged not less than 18;

e

£85·75;

f

where one member is aged not less than 18 and the other member is a person under 18 who–

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order, and

iii

satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

f

£85·75;

g

where one member is aged not less than 18 but less than 25 and the other member is a person under 18–

i

to whom none of regulations 59 to 61 applies, or

ii

who is not the subject of a direction under Article 18 of the Order, and

iii

does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;

g

£43·25;

h

where one member is aged not less than 25 and the other member is a person under 18–

i

to whom none of regulations 59 to 61 applies, or

ii

who is not the subject of a direction under Article 18 of the Order, and

iii

does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.

h

£54·65.

2

1

The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

Column (1)

Column (2)

Child or Young Person

Amount

Person in respect of the period–

a

beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

a

£38·50;

b

beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

b

£38·50.

3

1

The weekly amount for the purposes of regulations 83(c), 84(1)(d), 86A(b) and 86B(c) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall, subject to sub-paragraph (7), be £65·50.

SCHEDULE 9PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

Article 22(5)

PART IVweekly amounts of premiums specified in part iii

Premium

Amount

20

1A

Bereavement Premium.

1A

£22·80.

2

Pensioner Premium for persons aged over 60–

2

a

where the claimant satisfies the condition in paragraph 10(a);

a

£47·45;

b

where the claimant satisfies the condition in paragraph 10(b);

b

£70·05;

c

where the claimant satisfies the condition in paragraph 10(c).

c

£70·05.

3

Pensioner Premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.

3

£70·05.

4

Higher Pensioner Premium–

4

a

where the claimant satisfies the condition in paragraph 12(1)(a);

a

£47·45;

b

where the claimant satisfies the condition in paragraph 12(1)(b) or (c).

b

£70·05.

5

Disability Premium–

5

a

where the claimant satisfies the condition in paragraph 13(a);

a

£23·30;

b

where the claimant satisfies the condition in paragraph 13(b) or (c).

b

£33·25.

6

Severe Disability Premium–

6

a

where the claimant satisfies the condition in paragraph 15(1);

a

£42·95;

b

where the claimant satisfies the condition in paragraph 15(2)–

b

i

if there is someone in receipt of a carer’s allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);

i

£42·95;

ii

if no-one is in receipt of such an allowance.

ii

£85·90.

7

Disabled Child Premium.

7

£41·30 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.

8

Carer Premium.

8

£25·10 in respect of each person who satisfied the condition specified in paragraph 17.

9

Enhanced disability premium where the conditions in paragraph 15A are satisfied.

9

a

£16·60 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;

b

£11·40 in respect of each person who is neither–

i

a child or young person, nor

ii

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 15A are satisfied;

c

£16·45 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.

SCHEDULE 10PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

Article 22(6)

PART IVB89weekly amounts of premiums specified in part iva

Premium

Amount

20M

1

Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.

1

£70·05.

2

Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.

2

£70·05.

3

Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G.

3

£33·25.

4

Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)–

4

i

if there is someone in receipt of a carer’s allowance or if either member satisfies that condition only by virtue of paragraph 20I(4);

i

£42·95.

ii

if no-one is in receipt of such an allowance.

ii

£85·90.

5

Carer Premium.

5

£25·10 in respect of each person who satisfied the condition specified in paragraph 20J.

6

Enhanced disability premium where the conditions in paragraph 20IA are satisfied.

6

£16·45 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

SCHEDULE 11JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES

Article 22(8)

PART Iprovisions in schedule 4 to the jobseeker’s allowance regulations as amended by this order

Column (1)

Column (2)

Person other than claimant who is a patient

1

Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than 6 weeks and who is–

1

a

a member of a couple and the other member is the claimant, or

a

The applicable amount for a couple under regulation 83 reduced by £15·50;

b

a member of a polygamous marriage and the claimant is a member of the marriage but not a patient.

b

the applicable amount under regulation 84 (polygamous marriages) reduced by £15·50 in respect of each member who is a patient.

2

a

A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks, or

2

a

The amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in column (1) shall be £15·50 instead of an amount determined in accordance with paragraph 2 of Schedule 1, or

b

where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.

b

the amount applicable to him under paragraph 1 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in column (1) shall be £15·50 instead of an amount determined in accordance with paragraph 2 of Schedule 1.

Single claimants temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

7

A single claimant who is temporarily in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

7

£77·45 of which £17·50 is for personal expenses plus any amounts applicable under regulations 83(f) and 87(2) and (3).

Couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

8

1

A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85.

8

1

The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 83 or 85 and in respect of the other member £77·45 of which £17·50 is for personal expenses.

2

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).

2

The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 84 and in respect of each member not in the home £77·45 of which £17·50 is for personal expenses.

3

A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1).

3

For each member of that couple or marriage £77·45 of which £17·50 is for personal expenses plus, if appropriate, the amount applicable under regulations 83(f), 84(1)(g) and 87(2) and (3).

Lone parents who are in residential accommodation temporarily

9

A claimant who is a lone parent who has entered residential accommodation temporarily.

9

£77·45 of which £17·50 is for personal expenses, plus–

a

in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 1 or under this Schedule as appropriate, and

b

any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 83(d) or (f) or under regulation 87(2) or (3).

Persons in residential accommodation

15

1

Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is–

15

1

Any amount applicable under regulation 87(2) and (3), plus–

a

a single claimant;

a

£77·45 of which £17·50 is for personal expenses;

b

a lone parent;

b

the amount specified in head (a);

c

one of a couple;

c

twice the amount specified in head (a);

d

a child or young person;

d

the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 1 (applicable amounts);

e

a member of a polygamous marriage.

e

the amount specified in head (a) multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation.

2

A single claimant who has become a patient and whose residential accommodation was provided by and managed by the Department.

2

Any amount applicable under regulation 87(2) and (3), plus £17·50.

PART IIother sums specified in schedule 4 to the jobseeker’s allowance regulations

Paragraph in Schedule 4

Specified Sum

4

Members of religious orders

Nil.

14

Persons from abroad

Nil.

SCHEDULE 12JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES

Article 22(9)

PROVISIONS IN SCHEDULE 4A92 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

Column (1)

Column (2)

Patients

1

Subject to paragraphs 9 and 11, a joint-claim couple where one member–

1

a

has been a patient for more than 6 weeks;

a

The applicable amount under regulation 86A reduced by £15·50;

b

is a member of a polygamous marriage and another member of that marriage who is not a joint-claimant has been a patient for more than 6 weeks.

b

The applicable amount under regulation 86B reduced by £15·50 in respect of each member of the polygamous marriage who is a patient.

Members of religious orders

3

A joint-claim couple who are both members of, and fully maintained by, a religious order.

3

Nil.

Joint-claim couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

6

1

A joint-claim couple where one member is temporarily separated from the other member where one of them is living in the home while the other is in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85.

6

1

The aggregate of the amount applicable for the claimant who remains in the home calculated as if he were a single claimant under regulation 83 or 85 and in respect of the other joint-claimant £77·45 of which £17·50 is for personal expenses.

2

A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).

2

The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 86B, and in respect of each member not in the home, £77·45 of which £17·50 is for personal expenses.

3

A joint-claim couple where both members or all the members of a polygamous marriage of which a member of the joint-claim couple is a member, are in accommodation referred to in sub-paragraph (1).

3

For each member of that couple or marriage £77·45 of which £17·50 is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e).

Members of joint-claim couples in residential accommodation

9

1

Subject to sub-paragraph (2), a joint-claim couple where one member is in or only temporarily absent from residential accommodation.

9

1

£77·45 of which £17·50 is for personal expenses.

2

A joint-claim couple where either member is a member of a polygamous marriage and one or more members of that marriage are in or only temporarily absent from residential accommodation.

2

The amount specified in sub-paragraph (1) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation.

SCHEDULE 13OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS

Article 22(11)

Column (1)

Column (2)

Provisions in Jobseeker’s Allowance Regulations

Specified Sum

Regulation 145(1)93

Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.

Regulation 146G(1)94

Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.

Regulation 148(1)(a)(i)95

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Regulation 148(1)(c)(i)

98 per cent. of the applicable amount for persons in residential accommodation.

Regulation 148(1)(d)

90 per cent. of the applicable amount.

Regulation 148A(1)(a)(i)96

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Regulation 148A(1)(c)

98 per cent. of the applicable amount for persons in residential accommodation.

Regulation 148A(1)(d)

90 per cent. of the applicable amount.

Schedule 2, paragraph 6(1)(b)

Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).

Schedule 2, paragraph 6(1)(c)

Nil.

Schedule 2, paragraph 7(1)(b)

Nil.

Schedule 2, paragraph 997

The weekly amount of housing costs is the amount calculated by the formula

A×B52.math

Schedule 2, paragraph 10(4)

£100,000.

Schedule 2, paragraph 10(6)(a)

The alternative appropriate amount shall be calculated using the formula

P×Q.math

Schedule 2, paragraph 10(10)

The qualifying portion of a loan shall be determined by the formula

R×ST.math

Schedule 2, paragraph 11(2) and (3)

5 per cent.

SCHEDULE 14OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

Article 24(6)

Column (1)

Column (2)

Provisions in State Pension Credit Regulations

Specified Sum

Regulation 6(3)(a)

Nil.

Regulation 6(3)(b)

Nil.

Regulation 7(3)

Nil.

Schedule 2, paragraph 7(1)

The weekly amount of housing costs is the amount calculated by the formula

A×B52math

Schedule 2, paragraph 8(2)

£100,000.

Schedule 2, paragraph 8(4)(a)

The alternative appropriate amount shall be calculated using the formula

P×Qmath

Schedule 2, paragraph 8(8)

The qualifying portion of a loan shall be determined by the formula

R×STmath

Schedule 2, paragraph 9(2) and (3)

5 per cent.

(This note is not part of the Order.)

This Order, which corresponds to an Order (S.I.2003/526) made by the Secretary of State for Work and Pensions under section 150 of the Social Security Administration Act 1992, increases the rates and amounts of certain social security benefits and other sums.

Part I relates to citation, commencement, effect and interpretation.

Part II relates to non income-related benefits other than jobseeker’s allowance.

Article 3 and Schedule 1 increase the rates of benefits and increases of benefit (except those referred to in Article 3(2)) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”).

Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.

Article 5 increases the sums payable as part of a Category A or Category B retirement pension under sections 11(1) and 13(2) and (3) of the Pension Schemes (Northern Ireland) Act 1993 (“the Pension Schemes Act”) on account of increases in guaranteed minimum pensions.

Article 6 specifies the dates from which the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased.

Article 7 increases the rate of certain workmen’s compensation in respect of employment before 5th July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the rate of statutory sick pay.

Article 10 specifies the rate of statutory maternity pay.

Article 11 specifies the rates of statutory paternity pay and statutory adoption pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the rates of disability living allowance.

Article 14 increases the rates of child benefit.

Article 15 increases the rates of age addition to long-term incapacity benefit.

Article 16 increases the rates of transitional invalidity allowance in long-term incapacity benefit cases.

Part III relates to income-related benefits.

Article 17 sets out the sums relevant to the applicable amount for the purposes of income support. Article 17(3) and Schedule 2 set out the personal allowances; Article 17(4) and (5) and Schedule 3 set out the premiums; Article 17(7) and Schedule 4 set out the amounts relevant to special cases; and Article 17(8) and Schedule 5 set out other miscellaneous amounts.

Article 18 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 19 increases the sum by which any income support of a person involved in a trade dispute is reduced.

Article 20 sets out the sums relevant to the applicable amount for the purposes of housing benefit. Article 20(6) and Schedule 6 set out the personal allowances and Article 20(7) and (8) and Schedule 7 set out the premiums.

Part IV relates to jobseeker’s allowance.

Article 21 increases the age-related amounts of contribution-based jobseeker’s allowance.

Article 22 sets out the sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 22(3) and Schedule 8 set out the personal allowances; Article 22(4) and (5) and Schedule 9 set out the premiums; Article 22(6) and Schedule 10 set out the amounts of premiums relevant to joint-claim couples; Article 22(8) and Schedule 11 set out the amounts relevant to special cases; Article 22(9) and Schedule 12 set out the amounts relevant to joint-claim couples in special cases; and Article 22(11) and Schedule 13 set out other miscellaneous amounts.

Article 23 increases the sum by which any income-based jobseeker’s allowance of a person involved in a trade dispute is reduced.

Part V relates to state pension credit.

Article 24 and Schedule 14 specifies sums relevant to state pension credit.

Part VI relates to a revocation.

Article 25 makes a consequential revocation.

This Order imposes no new costs on business.