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The Social Security Benefits Up-rating (No. 2) Order 2000

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Statutory Instruments

2001 No. 207

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

The Social Security Benefits Up-rating (No. 2) Order 2000

Made

25th January 2001

Coming into force in accordance with article 1(2)

Whereas, the Secretary of State for Social Security having made a review under section 150(1) of the Social Security Administration Act 1992(1), a draft of the following Order was laid before Parliament in accordance with the provisions of sections 150(2) and 190(1)(a) of that Act and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, with the consent of the Treasury(2), in exercise of the powers conferred by sections 150 and 189(1), (3), (4) and (5) of the Social Security Administration Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:

PART IINTRODUCTION

Citation and commencement

1.—(1) This Order may be cited as the Social Security Benefits Up-rating (No. 2) Order 2000.

(2) Subject to paragraphs (3) to (9) of this article, this Order shall come into force for the purposes of—

(a)articles 1, 2, 6, 20 and 24 on 1st April 2001;

(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 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(c)articles 3 to 5, 7 and 11 to 13, on 9th April 2001;

(d)article 9, on 6th April 2001;

(e)article 10, on 1st April 2001, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(2) of the Contributions and Benefits Act(3), for which purpose it shall come into force on 9th April 2001;

(f)articles 14 and 15, on 12th April 2001;

(g)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 9th April 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

(h)article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 2nd April 2001, and in relation to any other case, on 1st April 2001;

(i)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 9th April 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.

(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) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,

shall take effect for each case on the date specified in relation to that case in article 6 of this Order.

(4) In so far as article 19(8) of this Order amends paragraph 15(1A) of Part IV of Schedule 2 to the Housing Benefit Regulations, it shall come into force on 9th April 2001, immediately after the coming into force of regulation 4 of the Social Security Amendment (Bereavement Benefits) Regulations 2000(4).

(5) In so far as article 20(7) of this Order amends paragraph 19(1A) of Part IV of Schedule 1 to the Council Tax Benefit Regulations, it shall come into force on 9th April 2001, immediately after the coming into force of regulation 5 of the Social Security Amendment (Bereavement Benefits) Regulations 2000.

(6) Subject to paragraph (7) below, in so far as articles 16(5), 19(8), 20(7) and 22(5) and (6) of this Order amend the provisions specified in paragraph (8) below (which specify amounts of bereavement premium and enhanced disability premium), they shall come into force immediately after the coming into force of—

(a)regulations 2 and 3 of the Social Security Amendment (Bereavement Benefits) Regulations 2000(5); and

(b)regulations 2, 3, 4 and 5 of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000(6).

(7) Where, in relation to a particular beneficiary—

(a)both paragraph (6) and either of paragraphs (2)(g) or (i) above apply; and

(b)the coming into force dates specified in relation to those provisions would not coincide,

then, in such a case, the coming into force date for the purpose of paragraph (6) shall instead be the first day of the first benefit week to commence for that beneficiary after 9th April 2001.

(8) The provisions specified for the purposes of paragraph (6) are—

(a)paragraph 15(1A) and (8) of Part IV of Schedule 2 to the Income Support Regulations(7);

(b)paragraph 15(9) of Part IV of Schedule 2 to the Housing Benefit Regulations(8);

(c)paragraph 19(9) of Part IV of Schedule 1 to the Council Tax Benefit Regulations(9);

(d)paragraph 20(1A) and (9) of Part IV of Schedule 1 to the Jobseeker’s Allowance Regulations(10); and

(e)paragraph 20M(6) of Part IVB of Schedule 1 to the Jobseeker’s Allowance Regulations(11).

(9) In so far as article 3(1) of this Order relates to bereavement payment (as referred to in Part II of Schedule 4 to the Contributions and Benefits Act) and to the rate of widowed parent’s allowance (as referred to in Part IV of Schedule 4 to that Act), it shall come into force immediately after the coming into force of section 54(2) of, and paragraph 14 of Schedule 8 to, the Welfare Reform and Pensions Act 1999(12).

Interpretation

2.  In this Order, unless the context otherwise requires—

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996(13);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(14);

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(15);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(16);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(17);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(18); and

“the Pension Schemes Act” means the Pension Schemes Act 1993(19).

PART IISOCIAL SECURITY BENEFITS AND PENSIONS

Increase in rates or amounts of certain benefits under the Contributions and Benefits Act

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

(2) The sums mentioned in paragraph (1) above 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 rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.

Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

4.—(1) The sums specified in paragraphs (2), (3), (4) and (5) below shall be increased from and including the respective dates specified in article 6 below.

(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 3.3 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(20) (basic pension in a Category A retirement pension)—

(a)for the sum of £64.75 there shall be substituted the sum of £66.90; and

(b)for the sum of £67.50 there shall be substituted the sum of £72.50.

(4) It is hereby directed(21) 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 2000–2001;

(b)the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(22) (increase of pension where entitlement is deferred); 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 126A of the Social Security Act 1975(23), section 63 of the Social Security Act 1986(24) or section 150(1)(e) of the Social Security Administration Act 1992(25),

shall in each case be increased by 3.3 per cent. of their amount apart from this Order.

(5) The sums which are shared additional pensions(26), and the sums which are increases in the rates of shared additional pensions under section 55C of the Contributions and Benefits Act(27), shall be increased by 3.3 per cent. of their amounts apart from this Order.

Increase in rates or amounts of certain benefits under the Pension Schemes Act

5.—(1) It is hereby directed(28) that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.

(2) Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by 3.3 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax years(29).

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

6.—(1) Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, 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) below, the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 9th April 2001.

(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(30), the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 12th April 2001.

(4) The increases in the sums mentioned in articles 4(4)(c) and (5) and 5(2) shall take effect on 9th April 2001.

(5) The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance(31), attendance allowance, invalid care allowance (except in a case where the Secretary of State 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 9th April 2001.

(6) The increases in the sums specified for the rate of invalid care allowance in a case where the Secretary of State 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 the Contributions and Benefits Act, shall in all cases take effect on 11th April 2001.

(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(32) 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 9th April 2001.

(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 12th April 2001.

(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 11th April 2001.

(10) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992(33) (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) of this Order 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 21(c) of this Order, 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(34), shall take effect—

(a)except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 9th April 2001;

(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 2001,

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

Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948

7.  In Schedule 8 to the Contributions and Benefits Act the sum of £40.40 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 11th April 2001 for that sum in paragraph 2(6)(c), and from and including 12th April 2001 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £41.75.

Earnings Limits

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

(a)for the sum of £145.00 in both places where it occurs there shall be substituted the sum of £150.00; and

(b)for the sum of £19.00 there shall be substituted the sum of £20.00.

Statutory Sick Pay

9.  In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for the sum of £60.20 there shall be substituted the sum of £62.20.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(35) (lower rate of statutory maternity pay) for the sum of £60.20 there shall be substituted the sum of £62.20.

Increase in rate of graduated retirement benefit

11.—(1) In the National Insurance Act 1965(36) the sum of 8.77 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.3 per cent.; and from and including 9th April 2001 the reference in that provision to that sum shall have effect as a reference to 9.06 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 1978(37) (increases for deferred retirement) shall be increased by 3.3 per cent. of their amount apart from this Order.

(3) The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.3 per cent. of their amount apart from this Order.

Increase in rates of Disability Living Allowance

12.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(38) (rate of benefit)—

(a)in paragraph (1)(a), for the sum of £53.55 there shall be substituted the sum of £55.30;

(b)in paragraph (1)(b), for the sum of £35.80 there shall be substituted the sum of £37.00;

(c)in paragraph (1)(c), for the sum of £14.20 there shall be substituted the sum of £14.65;

(d)in paragraph (2)(a), for the sum of £37.40 there shall be substituted the sum of £38.65; and

(e)in paragraph (2)(b), for the sum of £14.20 there shall be substituted the sum of £14.65.

Sums specified for child benefit

13.  In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(39) (weekly rates of child benefit)—

(a)in sub-paragraph (a)(i), for the sum of £15.00 there shall be substituted the sum of £15.50;

(b)in sub-paragraph (a)(ii), the sum of £17.55 remains unchanged; and

(c)in sub-paragraph (b), for the sum of £10.00 there shall be substituted the sum of £10.35.

Increase in rates of age addition to long-term incapacity benefit

14.  In the Social Security (Incapacity Benefit) Regulations 1994(40), in regulation 10(2)—

(a)in sub-paragraph (a), for the sum of £14.20 there shall be substituted the sum of £14.65; and

(b)in sub-paragraph (b), for the sum of £7.10 there shall be substituted the sum of £7.35.

Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases

15.  In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(41), in regulation 18(2)—

(a)in sub-paragraph (a), for the sum of £14.20 there shall be substituted the sum of £14.65;

(b)in sub-paragraph (b), for the sum of £9.00 there shall be substituted the sum of £9.30; and

(c)in sub-paragraph (c), for the sum of £4.50 there shall be substituted the sum of £4.65.

PART IIIINCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX 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 6 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a 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), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, 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(42) (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) the sum of £15.90 remains unchanged; and

(b)in sub-paragraph (1)(b) for the sum of £14.25 there shall be substituted the sum of £14.50.

(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(43) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) the sum of £47.75 remains unchanged;

(b)in sub-paragraph (1)(b) the sum of £7.40 remains unchanged;

(c)in sub-paragraph (2)(a) for the sum of £81.00 there shall be substituted the sum of £84.00;

(d)in sub-paragraph (2)(b)—

(i)for the sum of £81.00 there shall be substituted the sum of £84.00,

(ii)for the sum of £120.00 there shall be substituted the sum of £125.00, and

(iii)the sum of £17.00 remains unchanged;

(e)in sub-paragraph (2)(c)—

(i)for the sum of £120.00 there shall be substituted the sum of £125.00,

(ii)for the sum of £157.00 there shall be substituted the sum of £163.00, and

(iii)the sum of £23.35 remains unchanged;

(f)in sub-paragraph (2)(d)—

(i)for the sum of £157.00 there shall be substituted the sum of £163.00,

(ii)for the sum of £207.00 there shall be substituted the sum of £215.00,

(iii)the sum of £38.20 remains unchanged;

(g)in sub-paragraph (2)(e)—

(i)for the sum of £207.00 there shall be substituted the sum of £215.00,

(ii)for the sum of £259.00 there shall be substituted the sum of £269.00,

(iii)the sum of £43.50 remains unchanged.

(7) In paragraph 6(2) of Schedule 4, for the sum of £256.00 there shall be substituted the sum of £261.00 and, subject to paragraph (2) of this article, those other sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 4 to this Order.

(8) 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 5 to this Order.

(9) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 6 to this Order are the sums set out in column (2) of that Schedule.

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 1987(44) shall be increased by 1.6 per cent. of their amount apart from this Order.

The Relevant Sum for Income Support

18.  In section 126(7) of the Contributions and Benefits Act(45) (trade disputes: the relevant sum) the substituted sum is £28.50.

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 7 and 8 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.

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

(3) In regulation 18(1)(46) (patients)—

(a)in sub-paragraphs (a), (b) and (d)(ii), for the sum of £16.90 there shall be substituted the sum of £18.15 in each case;

(b)in sub-paragraphs (c)(i) and (d)(i), for the sum of £13.50 there shall be substituted the sum of £14.50 in each case; and

(c)in sub-paragraph (c)(ii), for the sum of £33.80 there shall be substituted the sum of £36.30.

(4) In regulation 63(47) (non-dependant deductions)—

(a)in paragraph (1)(a) the sum of £47.75 remains unchanged;

(b)in paragraph (1)(b) the sum of £7.40 remains unchanged;

(c)in paragraph (2)(a) for the sum of £81.00 there shall be substituted the sum of £84.00;

(d)in paragraph (2)(b)—

(i)for the sum of £81.00 there shall be substituted the sum of £84.00,

(ii)for the sum of £120.00 there shall be substituted the sum of £125.00,

(iii)the sum of £17.00 remains unchanged;

(e)in paragraph (2)(c)—

(i)for the sum of £120.00 there shall be substituted the sum of £125.00,

(ii)for the sum of £157.00 there shall be substituted the sum of £163.00,

(iii)the sum of £23.35 remains unchanged;

(f)in paragraph (2)(d)—

(i)for the sum of £157.00 there shall be substituted the sum of £163.00,

(ii)for the sum of £207.00 there shall be substituted the sum of £215.00,

(iii)the sum of £38.20 remains unchanged; and

(g)in paragraph (2)(e)—

(i)for the sum of £207.00 there shall be substituted the sum of £215.00,

(ii)for the sum of £259.00 there shall be substituted the sum of £269.00,

(iii)the sum of £43.50 remains unchanged.

(5) In paragraph 1A of Part I of Schedule 1(48) (ineligible service charges), for the sums of £18.65, £18.65, £9.40, £12.40, £12.40, £6.25 and £2.25 there shall be substituted the sums of £18.95, £18.95, £9.55, £12.60, £12.60, £6.35 and £2.30 respectively.

(6) The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.

(7) In paragraph 3 of Part II of Schedule 2(49) (applicable amounts: family premium)—

(a)in sub-paragraph (a) the sum of £22.20 remains unchanged; and

(b)in sub-paragraph (b) for the sum of £14.25 there shall be substituted the sum of £14.50.

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

Council Tax Benefit

20.—(1) The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.

(2) In regulations 8(b), 9(c) and paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.

(3) In regulation 10(1)(50) (patients)—

(a)in sub-paragraphs (a), (b) and (d)(ii), for the sum of £16.90 there shall be substituted the sum of £18.15 in each case;

(b)in sub-paragraphs (c)(i) and (d)(i), for the sum of £13.50 there shall be substituted the sum of £14.50 in each case; and

(c)in sub-paragraph (c)(ii), for the sum of £33.80 there shall be substituted the sum of £36.30.

(4) In regulation 52(51) (non-dependant deductions)—

(a)in paragraph (1)(a) the sum of £6.95 remains unchanged;

(b)in paragraph (1)(b) the sum of £2.30 remains unchanged;

(c)in paragraph (2)(a) for the sum of £120.00 there shall be substituted the sum of £125.00;

(d)in paragraph (2)(b)—

(i)for the sum of £120.00 there shall be substituted the sum of £125.00,

(ii)for the sum of £207.00 there shall be substituted the sum of £215.00,

(iii)the sum of £4.60 remains unchanged; and

(e)in paragraph (2)(c)—

(i)for the sum of £207.00 there shall be substituted the sum of £215.00,

(ii)for the sum of £259.00 there shall be substituted the sum of £269.00,

(iii)the sum of £5.80 remains unchanged.

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

(6) In paragraph 3 of Part II of Schedule 1(52) (applicable amounts: family premium)—

(a)in sub-paragraph (a) the sum of £22.20 remains unchanged; and

(b)in sub-paragraph (b) for the sum of £14.25 there shall be substituted the sum of £14.50.

(7) The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.

(8) In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit)—

(a)in sub-paragraph (2)(b)(i) for the sum of £120.00 there shall be substituted the sum of £125.00;

(b)in sub-paragraph (2)(b)(ii) for the sums of £120.00 and £157.00 there shall be substituted the sums of £125.00 and £163.00 respectively.

PART IVJOBSEEKER'S ALLOWANCE

Increase in age-related amounts of contribution-based Jobseeker’s Allowance

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

(a)in sub-paragraph (a) for the sum of £31.45 there shall be substituted the sum of £31.95;

(b)in sub-paragraph (b) for the sum of £41.35 there shall be substituted the sum of £42.00; and

(c)in sub-paragraph (c) for the sum of £52.20 there shall be substituted the sum of £53.05.

Applicable amounts for Jobseeker’s Allowance

22.—(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 11 to 18 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a 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), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1, and in paragraph 1(2) of Schedule 4, 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 11 to this Order.

(4) In paragraph 4 of Part II of Schedule 1(53) (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) the sum of £15.90 remains unchanged; and

(b)in sub-paragraph (1)(b) for the sum £14.25 there shall be substituted the sum of £14.50.

(5) The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 12 to this Order.

(6) The sums specified in Part IVB of Schedule 1(54) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 13 to this Order.

(7) In paragraph 17 of Schedule 2(55) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) the sum of £47.75 remains unchanged;

(b)in sub-paragraph (1)(b) the sum of £7.40 remains unchanged;

(c)in sub-paragraph (2)(a) for the sum of £81.00 there shall be substituted the sum of £84.00;

(d)in sub-paragraph (2)(b)—

(i)for the sum of £81.00 there shall be substituted the sum of £84.00,

(ii)for the sum of £120.00 there shall be substituted the sum of £125.00,

(iii)the sum of £17.00 remains unchanged;

(e)in sub-paragraph (2)(c)—

(i)for the sum of £120.00 there shall be substituted the sum of £125.00,

(ii)for the sum of £157.00 there shall be substituted the sum of £163.00,

(iii)the sum of £23.35 remains unchanged;

(f)in sub-paragraph (2)(d)—

(i)for the sum of £157.00 there shall be substituted the sum of £163.00,

(ii)for the sum of £207.00 there shall be substituted the sum of £215.00,

(iii)the sum of £38.20 remains unchanged; and

(g)in sub-paragraph (2)(e)—

(i)for the sum of £207.00 there shall be substituted the sum of £215.00,

(ii)for the sum of £259.00 there shall be substituted the sum of £269.00,

(iii)the sum of £43.50 remains unchanged.

(8) Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 14 to this Order.

(9) Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4A(56) (applicable amounts of a joint-claim couple where a member is in a residential care or nursing home) shall be as set out in Schedule 15 to this Order.

(10) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 16 to this Order.

(11) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A(57) (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 17 to this Order.

(12) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 18 to this Order are the sums set out in column (2) of that Schedule.

The Prescribed Sum for Jobseeker’s Allowance

23.  In regulation 172 of the Jobseeker’s Allowance Regulations(58) (trade disputes: prescribed sum) the substituted sum is £28.50.

PART VREVOCATION

Revocation

24.  The Social Security Benefits Up-rating Order 2000(59) is hereby revoked.

Signed by authority of the Secretary of State for Social Security.

Jeff Rooker

Minister of State,

Department of Social Security

18th January 2001

We consent,

Bob Ainsworth

David Jamieson

Two of the Lords Commissioners of Her Majesty’s Treasury

25th January 2001

Article 3(1)

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

SCHEDULE 4RATES OF BENEFITS, ETC.

PART ICONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate

2.  Short-term incapacity benefit.(60)

(a)lower rate £52.60

(b)higher rate £62.20

2A.  Long-term incapacity benefit.

£69.75

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

£43.40

6.  Child’s special allowance.

£11.35

PART IIBEREAVEMENT PAYMENT

Bereavement payment.(61)£2,000.00

PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate

1.  Attendance allowance.

(a)higher rate £55.30

(b)lower rate £37.00

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

2.  Severe disablement allowance.

£42.15

3.  Age related addition.

(a)higher rate £14.65

(b)middle rate £9.30

(c)lower rate £4.65

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

4.  Invalid care allowance.

£41.75

5.  Guardian’s allowance.

£11.35

6.  Category C retirement pension.

(a)lower rate £25.95

(b)higher rate £43.40

(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 (1)Increase for qualifying child (2)Increase for adult dependant (3)
££

1A.  Short-term incapacity benefit—

(a)where the beneficiary is under pensionable age

11.3532.55

(b)where the beneficiary is over pensionable age

11.3540.10

2.  Long-term incapacity benefit

11.3541.75

3.  Maternity allowance

32.55

4.  Widowed mother’s allowance

11.35

4A.  (62)Widowed parent’s allowance

11.35

5.  Category A or B retirement pension

11.3543.40

6.  Category C retirement pension

11.3524.95

7.  Child’s special allowance

11.35

8.  Severe disablement allowance

11.3525.00

9.  Invalid care allowance

11.3524.95

PART VRATES OF INDUSTRIAL INJURIES BENEFIT

Description of benefit, etcRate
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—

(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;

(b)

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

TABLE
Degree of DisablementAmount
(1)(2)(3)
Per cent.££
100112.9069.15
90101.6162.24
8090.3255.32
7079.0348.41
6067.7441.49
5056.4534.58
4045.1627.66
3033.8720.75
2022.5813.83

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

(a)except in cases of exceptionally severe disablement £45.20

(b)in any case £90.40

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

£45.20

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 £112.90

(b)for any period during which the beneficiary is not over the age of 18 and not so entitled £69.15

5.  Unemployability supplement under paragraph 2 of Schedule 7.

£69.75

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 £14.65

(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 £14.65

(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 £9.30

(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 £9.30

(e)in any other case £4.65

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.

£41.75

9.  Maximum disablement gratuity under paragraph 9 of Schedule 7.

£7,500.00

10.  Widow’s pension (weekly rates).

(a)initial rate(63) £57.65

(b)higher permanent rate £ 72.50

(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).

£72.50

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

In respect of each qualifying child £11.35

Article 16(3)

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

SCHEDULE 2APPLICABLE AMOUNTSPART IPERSONAL ALLOWANCES

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

(1)(2)
Person or CoupleAmount

(1) Single claimant aged—

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)£31.95;

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

(b)£42.00;

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

(c)£42.00;

(d)not less than 18 but less than 25;

(d)£42.00;

(e)not less than 25.

(e)£53.05.

(2) Lone parent aged—

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)£31.95;

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

(b)£42.00;

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

(c)£42.00;

(d)not less than 18.

(d)£53.05.

(3) Couple—

(a)where both members are aged less than 18 and—

(a)£63.35;

(i)at least one of them is treated as responsible for a child; or

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

(iii)the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (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 section 16 of the Jobseekers Act 1995 (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)£42.00;

(c)where both members are aged less than 18 and heads (a) and (b) do not apply;

(c)£ 31.95;

(d)where both members are aged not less than 18;

(d)£83.25;

(e)where one member is aged not less than 18 and the other member is a person under 18 who—

(e)£83.25;

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

(ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or

(iii)is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

(f)£42.00;

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and

(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);

(g)where the claimant is aged not less than 25 and his partner is a person under 18 who—

(g)£53.05.

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and

(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and

(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).

2.(1) (64) The weekly amounts specified in column (2) below 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).

(1)(2)
Child or Young PersonAmount

Person in respect of the period—

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

(a)£31.45;

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

(b)£32.25.

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

(a)except in a case to which head (b) applies, £63.30; and

(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £70.45.

Article 16(5)

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

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

(1)(2)
PremiumAmount

(1A) Bereavement Premium

(1A) £19.45.

(2) Pensioner Premium for persons aged under 75—

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

(a)£39.10;

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

(b)£57.30.

(2A) Pensioner Premium for persons aged 75 and over—

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

(a)£39.10;

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

(b)£57.30.

(3) Higher Pensioner Premium—

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

(a)£39.10;

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

(b)£57.30.

(4) Disability Premium—

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

(a)£22.60;

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

(b)£32.25.

(5) Severe Disability Premium—

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

(a)£41.55;

(b)where the claimant satisfiesthe condition in paragraph 13(2)(b)—

(b)

(i)if there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

(i)£41.55;

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

(ii)£83.10.

(6) Disabled Child Premium.

(6) £30.00 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(7) Carer Premium.

(7) £24.40 in respect of each person who satisfied the condition specified in paragraph 14ZA.

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

(8) (a) £11.05 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)£11.05 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)£16.00 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.

Article 16(7)

SCHEDULE 4INCOME SUPPORT: APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES

PART IPROVISIONS IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

Residential care homes

6.—(1) Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—

(a)old age, the appropriate amount shall be £225.00 per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £238.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £238.00 per week;

(d)mental handicap, the appropriate amount shall be £271.00 per week;

(e)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, £308.00 per week, or

(ii)in any other case, £225.00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £225.00 per week.

Nursing homes

7.  Subject to paragraphs 8 to 11, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £337.00 per week;

(b)mental handicap, the appropriate amount shall be £343.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £337.00 per week;

(d)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, £379.00 per week, or

(ii)in any other case, £336.00 per week;

(e)terminal illness, the appropriate amount shall be £336.00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £336.00 per week.

11.—(1) (66) Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to—

(a)in the case of a residential care home, £47.00;

(b)in the case of a nursing home, £52.00.

Personal allowances

13.  The allowances for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—

(a)for the claimant £16.05, and if he has a partner, for his partner, £16.05;

(b)for a young person aged 18, £15.25;

(c)for a young person aged under 18 but over 16, £10.55;

(d)for a child aged under 16 but over 11, £9.15;

(e)for a child aged under 11, £6.25.

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 4Specified sum
2(2)(b)(i) increases for mealsdaily £1.10
2(2)(b)(ii) increases for mealsdaily £1.55
2(2)(b)(iii) increases for mealsdaily £1.55

Article 16(8)

SCHEDULE 5INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES

PART IPROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

(1)(2)
Patients

1.  (67)Subject to paragraphs 2, 2A, 3 and 18, a person who has been a patient for a period of more than six weeks and who is—

(a)a single claimant;

(a)£18.15 plus any amount applicable under regulation 17(1) (e), (f) or (g);

(b)a lone parent;

(b)£18.15 plus any amounts applicable to 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);

(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) reduced by £14.50;

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

(ii)£36.30 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 £14.50 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 £18.15 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—

(a)the following conditions are satisfied—

(a) Such amount (if any) not exceeding £14.50 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;

(i)a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act); and

(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

(b)those conditions are not satisfied.

(b)£14.50.

2A.  A single claimant who is detained under the provisions of the Mental Health Act 1983(68) or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984(69) or the Criminal Procedure (Scotland) Act 1995 (70)and who immediately before his detention under any of those Acts was a prisoner.

2A.  £14.50.

3.  (71)Subject to paragraph 18—

(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 £14.50 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 £14.50 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Single claimants temporarily in local authority accommodation

10A.  A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10A.  £72.50 of which £16.05 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 local authority accommodation

10B.—(1) A claimant who is a member of a couple temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10B.—(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 17(1), 19 or 21 and in respect of the other member £72.50 of which £16.05 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 £72.50 of which £16.05 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 £72.50 of which £16.05 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.  £72.50 of which £16.05 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)£72.50 of which £16.05 is for personal expenses;

(b)a lone parent;

(b)the amount specified in sub-paragraph (a) of this column;

(c)one of a couple;

(c)twice the amount specified in sub-paragraph (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 (applicable amounts);

(e)a member of a polygamous marriage.

(e)the amount specified in sub-paragraph (a) of this column 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 a local authority.

(2) Any amount applicable under regulation 17(1)(f) or (g), plus £16.05.

Polish Resettlement

13A.—(1) A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant both requires personal care and is provided with it in the accommodation and—

13A.—(1) The aggregate of—

(a)is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or

(a)the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family, subject to the maximum determined in accordance with sub-paragraph (2); and

(b)is first provided with such accommodation and care on or after 1st April 1995; or

(b)a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3) or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.

(c)is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.

(2) In this paragraph “personal care” means care which a claimant requires by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.

(2) The maximum referred to in sub- paragraph (1)(a) shall be—

(a)in the case of a single claimant, £379.00;

(b)in the case of a claimant who is a member of a family the aggregate of the following amounts—

(i)in respect of the claimant, £379.00;

(ii)in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

(iii)in respect of each member of his family aged not less than 11 who lives in the accommodation, £379.00; and

(iv)where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.

(3) An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.

(3) Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers, the amount for personal expenses referred to in sub-paragraph (1)(b) shall be—

(d)for a young person aged under 18 but over 16, £10.55;

(e)for a child aged under 16 but over 11, £9.15;

(f)for a child aged under 11, £6.25.

(3A) In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4, paragraph 13.

(4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (2)(b)(ii) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.

Persons in residential care or nursing homes who become patients

18.  A claimant to whom regulation 19 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where—

(a)he or any member of his family has been a patient for a period of six weeks or less and the claimant—

(a)

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient;

(i)the amount which would be applicable under regulation 19 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies;

(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate;

(ii)the amount which would be applicable under regulation 19 having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies;

(iii)is a single claimant and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or

(iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 (meals allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4 as if he were residing in the accommodation to which regulation 19 applies plus any amount applicable under regulation 17(1)(f);

(iv)is a single claimant who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation;

(iv)the amount which would be applicable to him under regulation 17(1);

(b)he or his partner has been a patient for a period of more than six weeks and the patient is—

(b)

(i)a single claimant

(i)£18.15 plus any amount applicable under regulation 17(1)(f), plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17(1)(e), but not both;

(ii)a lone parent;

(ii)where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19, having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4, there shall be substituted the amount £18.15;

  • where all the children or young persons are absent from the accommodation, £18.15 plus any amounts applicable to him under regulation 17(1)(b), (c), (d) or (f) plus, if appropriate, either the amount applicable under Column (2) of paragraph 16(a) or the amount applicable by virtue of regulation 17(1)(e) (housing costs) but not both;

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the lone parent patient the amount specifiedin case one of Column (2) of sub-paragraph (b)(ii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added the amount of £18.15;

(iii)one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for six weeks or less;

(iii)where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and or the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £18.15;

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in case one of Column (2) of sub-paragraph (b)(iii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19 and in respect of each such child or young person there shall be added the amount of £14.50;

(iv)one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than six weeks;

(iv)where there is no child or young person in the family £18.15 in respect of each member of the couple or polygamous marriage, plus any amount applicable under regulation 17(1)(f) or 18(1)(g), plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17(1)(e) or 18(1)(f), but not both;

  • where there is a child or young person remaining in the accommodation, the amount which would be applicable in respect of the family as if regulation 19 having taken into account any reduction in charge continued to apply to all the members of the family except that in respect of each member of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4, and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 in respect of each member there shall be substituted the amount of £18.15;

  • where there is a child or young person in the family but no child or young person remains in the accommodation, the amount applicable under paragraph 1(c) or 1(d) as is appropriate plus either the amount applicable under Column (2) of paragraph 16(a) or the amount applicable by virtue of regulation 17(1)(e) or 18(1)(f) but not both;

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the members of the couple or polygamous marriage, the amount specified in case two of Column (2) of sub-paragraph (b)(iv) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added the amount of £14.50;

(c)a child or young person who has been a patient for a period of more than 12 weeks.

(c)the amount applicable under regulation 19 as if that child or young person was not a member of the family plus an amount of £14.50 in respect of that child or young person.

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 7Specified Sum

7.  Members of religious orders

Nil

8.  Prisoners

Nil

13A.  (72)Polish Resettlement

(3) (a) for the claimant, £17.35;

(b)for his partner, £17.35;

(c)for a young person aged 18, £15.55.

13B.  (73)Polish Resettlement: persons temporarily absent from accommodation

80 per cent.

16.  (74)Persons temporarily absent from a residential care or a nursing home

80 per cent.

17.  (75)Person from abroad

Nil

Article 16(9)

SCHEDULE 6OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

(1)(2)
Provision in Income Support RegulationsSpecified Sum
Regulation 22A(1)(76)Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Regulation 71(1)(a)(i)(77)90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 71(1)(b)(i)90 per cent. of the amount of the allowance for personal expenses 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)90 per cent. of the applicable amount.
Schedule 3, paragraph 5(3)(78)The relevant fraction of the applicable amount is the amount calculated by the formula
Schedule 3, paragraph 6(1)(b)(79)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 eligible interest.
Schedule 3, paragraph 8(1)(b)Nil.
Schedule 3, paragraph 10(1)The weekly amount of housing costs is the amount calculated by the formula
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

Schedule 3, paragraph 11(11)(80)The qualifying portion of a loan shall be determined by the formula
Schedule 3, paragraph 12(1)(a)(81)7.44 per cent.
Schedule 3, paragraph 12(2) and (3)5 per cent.

Article 19(6)

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

SCHEDULE 2APPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The amounts specified in column (2) below 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)—

(1)(2)
Person or CoupleAmount

(1)  Single claimant aged—

(b)less than 25;

(1) (b) £42.00;

(c)not less than 25.

(c)£53.05.

(2) Lone parent aged—

(a)less than 18;

(2) (a) £42.00;

(b)not less than 18.

(b)£53.05.

(3) Couple-

(a)where both members are aged less than 18;

(3) (a) £63.35;

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

(b)£83.25.

2.(1) (82)The amounts specified in column (2) below 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)—

(1)(2)
Child or Young PersonAmount
Person in respect of the period—

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

(a)£31.45;

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

(b)£32.25.

Article 19(8)

SCHEDULE 8PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
1.

(1A) Bereavement Premium

(1A) £19.45

(2) Pensioner Premium for persons aged under 75—

2.

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

(a)£39.10;

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

(b)£57.30.

(2A) Pensioner Premium for persons aged 75 and over—

2A.

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

(a) £39.10;

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

(b) £57.30.

(3) Higher Pensioner Premium—

3.

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

(a)£39.10;

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

(b)£57.30.

(4)  Disability Premium—

4.

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

(a)£22.60;

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

(b)£32.25.

(5) Severe Disability Premium—

5.

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

(a)£41.55;

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

(b)

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

(i)£41.55;

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

(ii)£83.10.

6.
Disabled Child Premium.£30.00 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied.
7.
Carer Premium.(83)£24.40 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.

(a)£11.05 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)£11.05 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)£16.00 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.

Article 20(5)

SCHEDULE 9PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDERAPPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 8(a) and 9(a) and (b)—

(1)(2)
Person or CoupleAmount

(1) Single claimant aged—

(1)

(a)not less than 18 but less than 25;

(a)£42.00

(b)not less than 25.

(b)£53.05

(2) Lone parent.

(2) £53.05

(3) Couple.

(3) £83.25

2.(1) The amounts specified in column (2) below 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 8(b) and 9(c)—

(1)(2)
Child or Young PersonAmount
Person in respect of the period—

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

(a)£31.45;

(b)beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday;

(b)£32.25;

Article 20(7)

SCHEDULE 10PART IV OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONSAS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
(1)

(1A) Bereavement Premium(84)

(1A) £19.45

(2) Pensioner Premium for persons under 75—

(2)

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

(a)£39.10

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

(b)£57.30

(3) Pensioner Premium for persons 75 or over—

(3)

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

(a)£39.10

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

(b)£57.30

(4) Higher Pensioner Premium—

(4)

(a)where the claimant satisfies the condition in paragraph 11(1)(a) or (b);

(a)£39.10

(b)where the claimant satisfies the condition in paragraph 11(2) (a) or (b).

(b)£57.30

(5) Disability Premium—

(5)

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

(a)£22.60

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

(b)£32.25

(6) Severe Disability Premium—

(6)

(a)where the claimant satisfies the condition in paragraph 14(2)(a);

(a)£41.55

(b)where the claimant satisfiesthe condition in paragraph 14(2)(b)—

(b)

(i)in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(3A);

(i)£41.55

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

(ii)£83.10

(7) Disabled Child Premium.

(7) £30.00 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied.

(8) Carer Premium.

(8) £24.40 in respect of each person who satisfies the condition specified in paragraph 16.

(9) Enhanced Disability Premium where the conditions in paragraph 14A are satisfied

(9) (a) £11.05 in respect of each child or young person in respect of whom the conditions specified in paragraph 14A are satisfied;

(b)£11.05 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 14A are satisfied.

(c)£16.00 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 14A are satisfied in respect of a member of that couple or polygamous marriage.

Article 22(3)

SCHEDULE 11PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The weekly amounts specified in column (2) below 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).

(1)(2)
Person or CoupleAmount

(1) Single claimant aged—

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

1.

(a)£31.95

(b)less than 18 who falls within paragraph (2) of regulation 57 and who—

(i)is a person to whom regulation 59, 60 or 61 applies; or

(ii)is the subject of a direction under section 16;

(b)£42.00

(c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3;

(c)£42.00

(d)not less than 18 but less than 25;

(d)£42.00

(e)not less than 25.

(e)£53.05

(2) Lone parent aged—

2.

(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;

(a)£31.95

(b)less than 18 who falls within paragraph (2) of regulation 57 and who—

(b)£42.00

(i)is a person to whom regulation 59, 60 or 61 applies; or

(ii)is the subject of a direction under section 16;

(c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3;

(c)£42.00

(d)not less than 18.

(d)£53.05

(3) Couple—

(a)where both members are aged less than 18 and—

(i)at least one of them is treated as responsible for a child; or

(ii)had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied; or

(iii)had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied andhis partner satisfiesthe requirements for entitlement to income support other than the requirement to make a claim for it; or

(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; or

(iva)they are married and each member of the couple isa person to whom regulation 59, 60 or 61 applies; or

(v)there is a direction under section 16 (jobseeker’s allowance in cases of severe hardship) in respect of each member; or

(vi)there is a direction under section 16 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 section 16 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;

3.(a) £63.35

(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 paragraph (2) of regulation 57 and either—

(i)is a person to whom regulation 59, 60 or 61 applies; or

(ii)is the subject of a direction under section 16 of the Act;

(b)£42.00

(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 section 16;

(c)£31.95

(d)where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);

(d)£42.00

(e)where both members are aged not less than 18;

(e)£83.25

(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 section 16; and

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

(f)£83.25

(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 the regulations 59 to 61 applies; or

(ii)who is not the subject of a direction under section 16; and

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

(g)£42.00

(h)where one member is aged not less than 25 and the other member is a person under 18—

(i)to whom none of the regulations 59 to 61 applies; or

(ii)is not the subject of a direction under section 16; and

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

(h)£53.05

2.(1) The weekly amounts specified in column (2) below 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).

(1)(2)
Child or Young PersonAmount
Person in respect of the period—

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

(a)£31.45

(b)beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday;

(b)£32.25

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 be—

(a)except in a case to which head (b) applies, £63.30; and

(b)where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £70.45.

Article 22(5)

SCHEDULE 12PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
(1)

(1A) Bereavement Premium(85)

(1A) £19.45

(2) Pensioner Premium for persons aged over 60—

(2)

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

(a)£39.10

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

(b)£57.30

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

(c)£57.30

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

(3) £57.30

(4) Higher Pensioner Premium—

(4)

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

(a)£39.10

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

(b)£57.30

(5) Disability Premium—

(5)

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

(a)£22.60

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

(b)£32.25

(6) Severe Disability Premium—

(6)

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

(a)£41.55

(b)where the claimant satisfies the condition in paragraph 15(2)—

(b)

(i)if there is someone in receipt of an invalid care allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);

(i)£41.55

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

(ii)£83.10

(7) Disabled Child Premium.

(7) £30.00 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.

(8) Carer Premium.

(8) £24.40 in respect of each person who satisfies the condition specified in paragraph 17.

(9) Enhanced Disability Premium where the conditions in paragraph 15A are satisfied

(9)

(a)£11.05 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;

(b)£11.05 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)£16.00 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.

Article 22(6)

SCHEDULE 13PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IVB(86)WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

PremiumAmount

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) £57.30.

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

(2) £57.30.

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

(3) £32.25.

(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 an invalid care allowance or if either member satisfies that condition only by virtue of paragraph 20I(3);

(i)£41.55.

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

(ii)£83.10.

(5) Carer Premium.

(5) £24.40 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) £16.00 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

Article 22(8)

SCHEDULE 14JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES

PART IPROVISIONS IN SCHEDULE 4 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

Residential care homes

5.  Subject to paragraphs 7 to 9, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £238.00 per week;

(b)past or present drug or alcohol dependence, the appropriate amount shall be £238.00 per week;

(c)mental handicap, the appropriate amount shall be £271.00 per week;

(d)physical disablement, the appropriate amount shall be £308.00 per week;

(e)any condition not falling within sub-paragraphs (a) to (d) above, the appropriate amount shall be £225.00 per week.

Nursing homes

6.  Subject to paragraphs 7 to 9, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £337.00 per week;

(b)mental handicap, the appropriate amount shall be £343.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £337.00 per week;

(d)physical disablement, the appropriate amount shall be £379.00 per week;

(e)terminal illness, the appropriate amount shall be £336.00 per week;

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £336.00 per week.

9.—(1) Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to—

(a)in the case of a residential care home, £47.00;

(b)in the case of a nursing home, £52.00.

Personal allowances

11.  The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—

(a)for the claimant £16.05, and if he has a partner, for his partner, £16.05;

(b)for a young person aged 18, £15.25;

(c)for a young person aged under 18 but over 16, £10.55;

(d)for a child aged under 16 but over 11, £9.15;

(e)for a child aged under 11, £6.25.

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

Paragraph in Schedule 4Specified sum
2(2)(b)(i) increases for mealsdaily £1.10
2(2)(b)(ii) increases for mealsdaily £1.55
2(2)(b)(iii) increases for mealsdaily £1.55

Article 22(9)

SCHEDULE 15JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES WHERE A MEMBER IS IN A RESIDENTIAL CARE OR NURSING HOME

PART I

SCHEDULE 4AAPPLICABLE AMOUNT OF A JOINT CLAIM COUPLE WHERE A MEMBER IS IN A RESIDENTIAL CARE OR NURSING HOME(87)

Residential care homes

6.  Subject to paragraphs 8 to 10, where the accommodation provided for the relevant member is a residential care home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £238.00 per week;

(b)past or present drug or alcohol dependence, the appropriate amount shall be £238.00 per week;

(c)mental handicap, the appropriate amount shall be £271.00 per week;

(d)physical disablement, the appropriate amount shall be £308.00 per week;

(e)any condition not falling within sub-paragraphs (a) to (d) above, the appropriate amount shall be £225.00 per week.

Nursing Homes

7.  Subject to paragraphs 8 to 10, where the accommodation provided for the relevant member is a nursing home for persons in need of personal care by virtue of—

(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £337.00 per week;

(b)mental handicap, the appropriate amount shall be £343.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £337.00 per week;

(d)physical disablement, the appropriate amount shall be £379.00 per week;

(e)terminal illness, the appropriate amount shall be £336.00 per week;

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £336.00 per week.

10.(1) Where the accommodation provided for the relevant member is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to—

(a)in the case of a residential care home £47.00;

(b)in the case of a nursing home, £52.00.

Personal Allowances

12.  The allowance for personal expenses for the relevant member referred to in paragraph 2(b) shall be—

(a)for the relevant member, £16.05, and

(b)for the other member of the joint-claim couple, £16.05;

(c)for a young person aged 18, £15.25;

(d)for a young person aged under 18 but over 16, £10.55;

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 4A TO THE JOBSEEKER'S ALLOWANCE REGULATIONS
Paragraph in Schedule 4ASpecified sum
3(2)(b)(i) increases for mealsdaily £1.10
3(2)(b)(ii) increases for mealsdaily £1.55
3(2)(b)(iii) increases for mealsdaily £1.55

Article 22(10)

SCHEDULE 16JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES

PART IPROVISIONS IN SCHEDULE 5 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 £14.50;

(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 £14.50 in respect of each member who is a patient.

2.2.

(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

(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) of this paragraph shall be £14.50 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) of this paragraph shall be £14.50 instead of an amount determined in accordance with paragraph 2 of Schedule 1.

Single claimants temporarily in local authority accommodation

7.  A single claimant who is temporarily in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

7.  £72.50 of which £16.05 is for personal expenses plus any amounts applicable under regulation 83(f) and 87(2) and (3).

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

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 local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

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, 85 or 86 and in respect of the other member £72.50 of which £16.05 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 £72.50 of which £16.05 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 £72.50 of which £16.05 is for personal expenses plus, if appropriate, the amount applicable under regulation 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.  £72.50 of which £16.05 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)£72.50 of which £16.05 is for personal expenses;

(b)a lone parent;

(b)the amount specified in sub-paragraph (a) of this column;

(c)one of a couple;

(c)twice the amount specified in sub-paragraph (a) of this column;

(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 sub-paragraph (a) of this column 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 a local authority.

(2) Any amount applicable under regulation 87(2) and (3), plus £16.05.

Persons in residential care or nursing homes who become patients

17.  A claimant to whom regulation 86 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where—

17.

(a)he has been a patient for not more than 2 weeks or any member of his family has been a patient for not more than six weeks and the claimant—

(a)

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient;

(i)the amount which would be applicable under regulation 86 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 applies;

(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate;

(ii)the amount which would be applicable under regulation 86 having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 applies;

(iii)is a single claimant who hasbeen a patient for not more than 2 weeks and islikely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or

(iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 11 of Schedule 4 as if he were residing in the accommodation to which regulation 86 applies plus any amount applicable under regulation 87(3);

(iv)is a single claimant who has been a patient for not more than 2 weeks and who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation;

(iv)the amount which would be applicable to him under regulation 83;

(b)the claimant is one of a couple or polygamous marriage and either—

(b)where—

(i)the claimant is not a patient and the other member of the couple or one or more members of the marriage has been a patient for a period of more than 6 weeks; or

(i)the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 86 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 11 of Schedule 4 there shall be substituted the amount of £18.15;

(ii)the claimant is a patient but has not been a patient for more than 2 weeks and the other member of the couple or one or more members of the marriage has been a patient for more than 6 weeks;

(ii)one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in column (2) of sub-paragraph (b)(i) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 86 and in respect of each such child or young person there shall be added the amount of £14.50;

(c)a child or young person who has been a patient for a period of more than 12 weeks.

(c)the amount applicable under regulation 85 as if the child or young person was not a member of the family plus an amount of £14.50 in respect of that child or young person.

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

Paragraph in Schedule 5Specified Sum

4.  Members of religious orders

Nil

14.  Person from abroad

Nil

16.  Persons temporarily absent from a hostel, residential care or nursing home

80 per cent.

Article 22(11)

SCHEDULE 17JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIMS COUPLES IN SPECIAL CASES

SCHEDULE 5AAPPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES AS AMENDED BY THIS ORDER(88)

Column (1)Column (2)
Patients

1.  Subject to paragraphs 9 and 11, a joint-claim couple where one member—

(a)has been a patient for more than six weeks;

(a)The applicable amount under regulation 86A reduced by £14.50;

(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 six weeks.

(b)The applicable amount under regulation 86B (polygamous marriages) reduced by £14.50 in respect of each member of the polygamous marriage who is a patient.

Joint-Claim Couple Without Accommodation

2.   A joint-claim couple who are without accommodation.

2. The amount applicable to the couple under regulation 86A(a) (personal allowance) only.

Members of Religious Orders

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

3.  Nil.

Specified Cases of Temporarily Separated Joint Claim-Couples

4.  A joint-claim couple who are temporarily separated where—

4.  Either—

(a)one member is—

(a)the amount applicable to the joint-claim couple under regulation 86A; or

(i)not a patient but is resident in a nursing home;

(ii)resident in a residential care home;

(iii)resident in premises used for rehabilitation of alcoholics or drug addicts;

(iv)resident in accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps);(89)

(v)participating in arrangements for training made under section 2 of the Employment and Training Act 1973(90), or section 2 of the Enterprise and New Towns (Scotland) Act 1990(91) or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home; or

(vi)in a probation or bail hostel approved for the purpose by the Secretary of State, and

(b)the other member is—

(b)the aggregate of the applicable amounts of both claimants assessed under the provisions of these Regulations as if each of them were a single claimant, whichever is the greater.

(i)living in the dwelling occupied as the home;

(ii)a patient;

(iii)in residential accommodation; or

(iv)resident in a residential care home or nursing home.

Polygamous Marriages where one or more members of the marriage are temporarily separated

5.  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 of them is living in the home while the other member is—

5.  Either—

(a)not a patient but is resident in a nursing home;

(a)the amount applicable to the joint-claim couple under regulation 86B; or

(b)resident in a residential care home;

(b)the aggregate of the amount applicable for the joint-claim couple in respect of the members of the polygamous marriage who remain in the home under regulation 86B and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, whichever is the greater.

(c)resident in premises used for the rehabilitation of alcoholics or drug addicts;

(d)attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home or;

(e)in a probation or bail hostel approved for the purpose by the Secretary of State.

Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation

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 referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 85 (special cases).

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, 85 or 86 and in respect of the other joint-claimant £72.50 of which £16.05 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, £72.50 of which £16.05 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 £72.50 of which £16.05 is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e).

Joint-claim couples where one member is absent from the United Kingdom

7.  A joint-claim couple where one member is temporarily absent from the United Kingdom—

(a)in the circumstances prescribed in regulation 50(6B);

(a)The amount applicable to them as a couple under regulation 86A or 86D for the relevant period prescribed in regulation 50(6B);

(b)in any other circumstances.

(b)For the first four weeks of that absence, the amount applicable to them as a couple under regulation 86A or 86D as the case may be and thereafter the amount applicable to the claimant in Great Britain under regulation 83 or 86 as the case may be as if that claimant were a single claimant.

Polygamous marriages where any member of the marriage is abroad

8.  A joint-claim couple where one member is a member of a polygamous marriage—

8.  For the first four weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to 86D, as the case may be, and thereafter, if the joint-claim couple are in Great Britain the amount applicable to them under regulations 86B to 86D, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.

(a)he, the other member or one of his partners is;

(b)he, the other member and one or more of his partners are; or

(c)the other member and one or more of his partners or two or more of his partners are,

temporarily absent from the United Kingdom.
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) £72.50 of which £16.05 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.

Members of joint-claim couples temporarily absent from a hostel, residential care or nursing home

10.  A joint-claim couple where a member is temporarily absent from accommodation for which he is liable to pay a retaining fee and, but for his temporary absence from that accommodation, his applicable amount would be calculated in accordance with regulation 86D (applicable amounts for joint-claim couples where a member is in a residential care or nursing home), and—

10.  The amount otherwise applicable to the joint-claim couple under these Regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent. of the applicable amount referred to in paragraph 1(1)(a) of Schedule 4A (applicable amounts of joint-claim couples where a member is in a residential care or nursing home) and any such increase shall not be for a continous period of more than 52 weeks.

(a)he is a person in accommodation referred to in any of sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85(4) (special cases) and paragraph 9 does not apply to him by reason only that his stay in that accommodation has not become other than temporary; or

(b)he is a person to whom paragraph 1 (patients) applies.

Members of joint-claim couples in residential care or nursing homes who become patients

11.  A joint-claim couple to whom regulation 86D (applicable amounts for joint-claim couples where a member is in residential care or nursing home) applies immediately before either member become a patient where—

(a)that member has been a patient for not more than 2 weeks and

(a)

(i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself;

(i)The amount which would be applicable under regulation 86D as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86D applies;

(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate; or

(ii)the amount which would be applicable under regulation 86D having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86D applies.

(b)that member is one member of a polygamous marriage and one or more other members of that marriage (other than the other member of the joint-claim couple) has been a patient for a period of more than 6 weeks.

(b)where that member of that marriage remains in the accommodation, the amount applicable to the joint-claim couple as if regulation 86B, having taken into account any reduction in charge, continued to apply to that couple except that in respect of the member of the polygamous marriage who has been a patient for more than six weeks, no amount shall be applicable in respect of the couple under paragraph 3(2) of Schedule 4A and for the amount in respect of the allowance for personal expenses prescribed by paragraph 12 of Schedule 4A there shall be substituted the amount of £18.15.

Article 22(12)

SCHEDULE 18OTHER APPLICABLE AMOUNTS SPECIFIED IN THEJOBSEEKER'S ALLOWANCE REGULATIONS

Provision in Jobseeker’s Allowance RegulationsSpecified sum
Regulation 145(1)(92)Weekly 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)(93)Weekly 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)90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 148(1)(b)(i)90 per cent. of the amount of the allowance for personal expenses 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)(94)90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 148A(1)(b)(i)90 per cent. of the amount of the allowance for personal expenses 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 5(3)

The relevant fraction of the applicable amount is the amount calculated by the formula

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 9(1)

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

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

Schedule 2, paragraph 10(10)

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

Schedule 2, paragraph 11(2) and (3)(95)5 per cent.

Explanatory Note

(This note is not part of the Order)

This Order is made as a consequence of a review under section 150 of the Social Security Administration Act 1992 (“the Administration Act”) and includes details of the sums mentioned in that section.

Part I of the Order relates to the citation, commencement and interpretation.

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

Article 3 and Schedule 1 alter the benefits and increases of benefits (except the over 80 age addition) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits 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 15(1) and 17(2) and (3) of the Pension Schemes 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 altered.

Article 7 increases the rates of certain workmen’s compensation and industrial injuries benefits in respect of employment before 5th July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the weekly rate of statutory sick pay.

Article 10 increases the weekly rate of statutory maternity pay.

Article 11 increases the rate of graduated retirement benefit.

Article 12 increases the rates of disability living allowance.

Article 13 increases the weekly rates of child benefit.

Article 14 increases the weekly rates of age addition to long-term incapacity benefit.

Article 15 increases the weekly rates of transitional invalidity allowance in long-term incapacity benefit cases.

Part III of the Order relates to income support, housing benefit and council tax benefit.

Article 16 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 16(3) and Schedule 2 set out the personal allowances; article 16(4) and (5) and Schedule 3 set out the premiums; article 16(7) and Schedule 4 set out the amounts relevant to beneficiaries in residential care and nursing homes; article 16(8) and Schedule 5 set out the amounts relevant to special cases; and article 16(9) and Schedule 6 set out other miscellaneous amounts.

Article 17 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 18 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 19 states the amount of the sums relevant for the purposes of housing benefit. Article 19(6) and Schedule 7 set out the personal allowances and article 19(8) and Schedule 8 set out the premiums.

Article 20 states the amount of the sums relevant for the purposes of council tax benefit. Article 20(5) and Schedule 9 set out the personal allowances and article 20(6) and (7) and Schedule 10 set out the premiums.

Part IV of the Order relates to jobseeker’s allowance.

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

Article 22 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 22(3) and Schedule 11 set out the personal allowances; article 22(4) and (5) and Schedule 12 set out the premiums; article 22(6) and Schedule 13 set out the premiums for joint-claims couples; article 22(8) and Schedule 14 set out the amounts relevant to beneficiaries in residential care and nursing homes; article 22(9) and Schedule 15 set out the amounts relevant to joint-claims beneficiaries in residential care and nursing homes; article 22(10) and Schedule 16 set out the amounts relevant to special cases; article 22(11) and Schedule 17 set out the amounts relevant to joint-claims special cases; and article 22(12) and Schedule 18 set out other miscellaneous amounts.

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

Part V of the Order relates to revocations.

Article 24 revokes the Social Security Benefits Up-rating Order 2000 (S.I. 2000/440).

In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm. 4933) giving his opinion of the likely effect on the National Insurance Fund of the making of this Order was laid before Parliament with the draft Order.

An assessment of the cost to business of applying the statutory sick pay and statutory maternity pay provisions of this Order has been placed in the library of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, Public Enquiry Office, 1st Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT: telephone number 020 7712 2171.

(1)

1992 c. 5. Section 150 was amended by paragraph 28 of Schedule 8 to the Pension Schemes Act 1993 (c. 48), sections 2(3) and 9(4) of the Social Security (Incapacity for Work) Act 1994 (c. 18), paragraph 64 of Schedule 2 to the Jobseekers Act 1995 (c. 18), section 131(2) of the Pensions Act 1995 (c. 26) and paragraph 24 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30). See also section 4(8) of the Social Security (Incapacity for Work) Act 1994 and regulation 18(3) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310).

(2)

See section 189(8) of the Social Security Administration Act 1992 (c. 5).

(3)

State Maternity Allowance was introduced by section 53 of the Welfare Reform and Pensions Act 1999 (c. 30) (which amended section 35 of the Contributions and Benefits Act in respect of women expecting babies on or after 20th August 2000). The rate is linked with the lower rate of statutory maternity pay set out in S.I. 1986/1960.

(7)

S.I. 1987/1967; the relevant amending instruments are S.I. 2000/2239 and 2629.

(8)

S.I. 1987/1971; the relevant amending instruments are S.I. 2000/2239 and 2629.

(9)

S.I. 1992/1814; the relevant amending instruments are S.I. 2000/2239 and 2629.

(10)

S.I. 1996/207; the relevant amending instruments are S.I. 2000/2239 and 2629.

(11)

S.I. 1996/207; the relevant amending instruments are S.I. 2000/1978 and 2629.

(12)

1999 c. 30. Section 54(2), and paragraph 14 of Schedule 8 respectively, substituted the entry for widow’s payment with bereavement payment, and inserted the entry for widowed parent’s allowance in Schedule 4 to the Contributions and Benefits Act, with effect from 9th April 2001.

(14)

1992 c. 4.

(15)

S.I. 1992/1814; the relevant amending instruments are S.I. 1993/688 and 2118, 1994/1924, 1996/462, 1510, 1803, 2518 and 2545, 1998/776 and 1541, 1999/2555 and 2000/440, 1993, 2239 and 2629.

(16)

S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444, 1989/416 and 1017, 1990/546 and 1775, 1991/1599, 1992/50 and 1326, 1993/2118, 1994/578, 1996/462, 1803, 2432, 2518 and 2545, 1997/65, 1998/766 and 1541, 1999/2555 and 2000/440, 1993, 2239 and 2629.

(17)

S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 910, 999, 1228, 1445 and 2022, 1989/534, 1034 and 1678, 1990/547, 1168, 1776 and 2324, 1991/544, 1992/50, 1326 and 3147, 1993/2119, 1994/527 and 2139, 1995/516, 1613, 2287 and 2927, 1996/206, 1803, 2431, 2518 and 2545, 1997/2197 and 2604, 1999/2555 and 3109 and 2000/440, 1402, 1993, 2239 and 2629.

(18)

S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1517, 1803, 2518, 2538 and 2545, 1998/766, 1999/2555 and 2000/440, 1978, 1993, 2239 and 2629.

(20)

Section 44(4) was substituted by section 68 of the Social Security Act 1998 (c. 14).

(21)

See section 151(1) of the Social Security Administration Act 1992.

(22)

Schedule 5 was amended by the Pension Schemes Act 1993 (c. 48), Schedule 8, paragraph 42; the Social Security (Incapacity for Work) Act 1994, Schedule 1, paragraph 40; and the Pensions Act 1995, Schedule 4, paragraph 21 and Schedule 7.

(23)

1975 c. 14; section 126A was inserted by section 12 of the Social Security Act 1979 (c. 18) and repealed by the Social Security Act 1986 (c. 50), section 86, Schedule 11.

(24)

1986 c. 50. Section 63 was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c. 6).

(25)

1992 c. 5.

(26)

See section 55A of the Contributions and Benefits Act as inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions Act 1999.

(27)

Section 55C was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions Act 1999.

(28)

See section 151(2) of the Social Security Administration Act 1992.

(29)

See section 151(4) of the Social Security Administration Act 1992. Under section 151(4) where an increment under section 15(1) of the Pension Schemes Act is increased by an order under section 109 of that Act, the increase that would otherwise fall to be made by this Order is reduced by the amount of the increase under section 109. Section 109 of the Pension Schemes Act was amended by section 55 of the Pensions Act 1995 (c. 26).

(30)

Section 30B was inserted by section 2(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by paragraph 21(3) of Schedule 4 to the Pensions Act 1995 (c. 26).

(31)

Child’s special allowance was abolished except for existing beneficiaries as from 6th April 1987 (see section 56 of the Social Security Contributions and Benefits Act 1992).

(32)

Section 47(1) was amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994; section 48C was inserted by paragraph 3 of Schedule 4 to the Pensions Act 1995 and amended by paragraph 7 of Schedule 8 to the Welfare Reform and Pensions Act 1999.

(33)

Section 73(1) was amended by paragraph 49(2) of Schedule 2 to the Jobseekers Act 1995 (c. 18).

(34)

See sections 82(3)(a), 83(2)(b) and 84(2)(b) of the Contributions and Benefits Act 1992, regulations 8 and 10(2) of, and paragraph 7 of Schedule 2 to, the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), and regulation 10 of the Social Security (Incapacity Benefit—Increases for Dependants) Regulations 1994 (S.I. 1994/2945). Relevant amending instruments are S.I. 1984/1698 and 1699, 1989/523 and 1642, 1992/3041, 1994/2945 and 1996/1345 and 2745.

(35)

S.I. 1986/1960; relevant amending instrument is S.I. 2000/440.

(36)

1965 c. 51. Sections 36 and 37 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 3 of the Social Security (Graduated Retirement Benefit) (No 2) Regulations 1978 (S.I. 1978/393), in the modified form set out in Schedule 1 to those Regulations; relevant amending instrument is S.I. 1989/1642. See also regulation 2 of those Regulations, which was substituted by S.I. 1995/2606.

(37)

S.I. 1978/393; relevant amending instrument is S.I. 1989/1642.

(38)

S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939 and 2000/440.

(39)

S.I. 1976/1267; see the Child Benefit and Social Security (Fixing and Adjustment of Rates)(Amendment) Regulations 1998 (S.I. 1998/1581) which revoked regulation 2(1)(a)(ii) of S.I. 1976/1267 and made transitional and saving provisions. Relevant amending instruments are S.I. 1977/1328, 1991/502, 1996/1803, 1998/1581 and 2000/440.

(40)

S.I. 1994/2946; relevant amending instrument is S.I. 2000/440.

(41)

S.I. 1995/310; relevant amending instrument is S.I. 2000/440.

(42)

Relevant amending instruments are S.I. 1996/1803, 1998/766, 1999/2555, 2000/636 and 1993.

(43)

Schedule 3 was substituted by S.I. 1995/1613; relevant amending instruments are S.I. 1995/2927 and 1996/2518.

(44)

S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 1991/1600.

(45)

See section 126(8) of the Contributions and Benefits Act.

(46)

Relevant amending instrument is S.I. 1996/1803 and 2432.

(47)

Relevant amending instruments are S.I. 1990/546, 1992/50 and 1996/2518.

(48)

Paragraph 1A was inserted by S.I. 1988/1444 and amended by S.I. 1989/416 and 1997/65.

(49)

Relevant amending instruments are S.I. 1996/1803 and 1998/766.

(50)

Relevant amending instruments are S.I. 1993/688 and 1996/1803.

(51)

Relevant amending instruments are S.I. 1996/2518 and 2000/440.

(52)

Relevant amending instruments are S.I. 1996/1803 and 1998/766.

(53)

Relevant amending instruments are S.I. 1996/1803 and 1998/766.

(54)

Part IVB was inserted by S.I. 2000/1978.

(55)

Relevant amending instrument is S.I. 1996/2518.

(56)

Schedule 4A was inserted by S.I. 2000/1978.

(57)

Schedule 5A was inserted by S.I. 2000/1978.

(58)

See section 15(6) of the Jobseekers Act 1995 (c. 18).

(60)

Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the Jobseekers Act 1995 (c. 18). Paragraph 2 was substituted and paragraph 2A was inserted by section 2(2) of the Social Security (Incapacity for Work) Act 1994 (c. 18); paragraph 3 was repealed by section 11(2) of, and Schedule 2 to, that Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995 (c. 26).

(61)

See section 54 of the Welfare Reform and Pensions Act 1999 (c. 30). Bereavement Payment is introduced with effect from 9th April 2001 and replaces Widow’s Payment.

(62)

Paragraph 4A was inserted by paragraph 14 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c. 30) with effect from 9th April 2001.

(63)

Widow’s pension is payable in relation only to deaths occuring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Social Security Contributions and Benefits Act 1992). The initial rate relates only to the period of 26 weeks following the date of the deceased’s death (paragraph 16(1) of that Schedule). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.

(64)

Relevant amending instruments are S.I. 1999/2555 and 2000/1993.

(65)

Paragraph 2A was inserted by S.I. 1992/3147.

(66)

Relevant amending instrument is S.I. 1991/544.

(67)

Relevant amending instruments are S.I. 1988/1445 and 2022, 1990/547 and 1996/1803.

(71)

Relevant amending instrument is S.I. 1988/1445.

(72)

Paragraph 13A was inserted by S.I. 1989/1678; relevant amending instrument is S.I. 1995/516.

(73)

Paragraph 13B was inserted by S.I. 1994/2139.

(74)

Relevant amending instruments are S.I. 1989/534 and 1993/2119.

(75)

Relevant amending instrument is S.I. 2000/636.

(76)

Regulation 22A was inserted by S.I. 1996/206 and paragraph (1) was amended by S.I. 1999/3109.

(77)

Relevant amending instruments are S.I. 1988/663, 1992/3147, 1993/2119, 1994/527 and 1996/206.

(78)

Schedule 3 was substituted by S.I. 1995/1613.

(79)

Relevant amending instrument is S.I. 1995/2927.

(80)

Paragraph 11(11) was inserted by S.I. 1995/2927.

(81)

Relevant amending instrument is S.I. 2000/1402.

(82)

Relevant amending instruments are S.I. 1999/2555 and 2000/1993.

(83)

Sub-paragraph (7) was added by S.I. 1990/1775.

(84)

Sub-paragraph (1A) was inserted by S.I. 2000/2239.

(85)

Sub-paragraph (1A) was inserted by S.I. 2000/2239.

(86)

Part IVB was inserted by S.I. 2000/1978.

(87)

Schedule 4A was inserted by S.I. 2000/1978.

(88)

Schedule 5A was inserted by S.I. 2000/1978.

(89)

1947 c. 19; section 3(1) was amended by the Ministry of Social Security Act 1966 (c. 20), section 39(1) and Schedule 6 and by the Social Security Act 1980 (c. 30), section 20(1) and Schedule 4, paragraph 1(1)(a).

(90)

1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25(1) and amended by section 29(4) of, and Part I of Schedule 7 to, the Employment Act 1989 (c. 38) and section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c. 19).

(92)

Relevant amending instrument is S.I. 1996/1516.

(93)

Regulation 146G was inserted by S.I. 2000/1978.

(94)

Regulation 148A was inserted by S.I. 2000/1978.

(95)

Relevant amending instrument is S.I. 1996/1517.

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