The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (revoked)

PART 1 N.I. INTRODUCTION

Citation and commencement N.I.

1.  This Order may be cited as the Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 and shall come into operation on 24th March 2018.

Interpretation N.I.

2.—(1) In this Order—

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

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M1 ;

“the Pensions Act” means the Pensions Act (Northern Ireland) 2015 M2 ;

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993 M3 ;

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996 M4 ;

“the Employment and Support Allowance Regulations 2008” means the Employment and Support Allowance Regulations (Northern Ireland) 2008 M5 ;

“the Employment and Support Allowance Regulations 2016” means the Employment and Support Allowance Regulations (Northern Ireland) 2016 M6 ;

“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006 M7 ;

“the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 M8 ;

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987 M9 ;

“the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations (Northern Ireland) 1996 M10 ;

“the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 2003 M11 ; and

“the Universal Credit Regulations” means the Universal Credit Regulations (Northern Ireland) 2016 M12 .

(2) Subject to paragraph (3), the Interpretation Act (Northern Ireland) 1954 M13 shall apply to this Order as it applies to an Act of the Assembly.

(3) For the purposes of this Order and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

Marginal Citations

M1 1992 c. 7

M2 2015 c. 5 (N.I.)

M3 1993 c. 49

M4 S.R. 1996 No. 520

M5 S.R. 2008 No. 280; relevant amending Rules are S.R. 2008 Nos. 413 and 503, S.R. 2010 No. 340, S.R. 2015 No. 124 and S.R. 2016 Nos. 44 and 110

M6 S.R. 2016 No. 219

M7 S.R. 2006 No. 405; relevant amending Rules are S.R. 2008 No. 378, S.R. 2009 No. 382, S.R. 2011 Nos. 136 and 357, S.R. 2012 No. 116, S.R. 2015 No. 124 and S.R. 2016 Nos. 110, 310 and 326

M8 S.R. 2006 No. 406; relevant amending Rules are S.R. 2008 No. 498, S.R. 2012 No. 116, S.R. 2015 No. 124 and S.R. 2016 Nos. 110 and 310

M9 S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 Nos. 146 and 318, S.R. 1990 Nos. 131 and 346, S.R. 1993 No. 373, S.R. 1994 No. 77, S.R. 1995 Nos. 301 and 434, S.R. 1996 Nos. 199, 288, 449 and 476, S.R. 1997 No. 3, S.R. 1998 No. 112, S.R. 1999 Nos. 371 (C. 28), 382 and 472 (C. 36), S.R. 2000 Nos. 4, 71 and 367, S.R. 2001 No. 406, S.R. 2002 Nos. 132 and 323, S.R. 2003 Nos. 191 and 195, S.R. 2004 Nos. 394 and 461, S.R. 2006 No. 128, S.R. 2007 Nos. 154 and 396, S.R. 2008 No. 503, S.R. 2010 Nos. 58 and 340, S.R. 2011 No. 135, S.R. 2015 No. 124 and S.R. 2016 Nos. 44, 110 and 228

M10 S.R. 1996 No. 198; relevant amending Rules are S.R. 1996 Nos. 288, 356, 358 and 476, S.R. 1997 No. 3, S.R. 1998 No. 112, S.R. 1999 Nos. 382 and 428 (C. 32), S.R. 2000 Nos. 71, 350 and 367, S.R. 2001 Nos. 120 and 406, S.R. 2002 No. 323, S.R. 2003 Nos. 195 and 267, S.R. 2004 Nos. 394 and 461, S.R. 2006 No. 128, S.R 2007 No. 154, S.R. 2008 No. 503, S.R. 2010 Nos. 69, 103 and 340, S.R. 2011 No. 135, S.I. 2013/3021, S.R. 2015 No. 124 and S.R. 2016 Nos. 44 and 110

M11 S.R. 2003 No. 28; relevant amending Rules are S.R. 2004 Nos. 394 and 461, S.R. 2005 No. 580, S.R. 2006 Nos. 97 and 359, S.R. 2007 No. 396, S.R. 2008 No. 503, S.R. 2010 No. 340, S.R. 2015 No. 124 and S.R. 2016 Nos. 92 and 110

M12 S.R. 2016 No. 216; relevant amending Rules are S.I. 2016/999 (N.I. 1), S.R. 2016 No. 226 and S.R. 2017 Nos. 79 and 146

M13 1954 c. 33 (N.I.)

PART 2 N.I. SOCIAL SECURITY BENEFITS AND PENSIONS

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

3.—(1) The sums specified in paragraph (2) shall be increased so that Schedule 4 to the Contributions and Benefits Act (rates of benefits, etc.), except paragraph 5 of Part III (guardian's allowance) of that Schedule, has effect as set out in Schedule 1 to this Order.

(2) The sums mentioned in paragraph (1) are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act except, in—

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

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

(c) Part V M14 , the sums specified for the increase in disablement pension for dependent children and death benefit allowance in respect of children and qualifying young persons.

Marginal Citations

M14 Part V was amended by paragraph 41 of Schedule 1 to the Child Benefit Act 2005 (c. 6) and Article 71 of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))

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

4.—(1) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary's retirement allowance) shall be increased by 1∙0 per cent.

(2) In section 44(4) of the Contributions and Benefits Act M15 (basic pension of Category A retirement pension)—

(a) for “£101∙10” substitute “ £102∙10 ”; and

(b) for “£119∙30” substitute “ £122∙30 ”.

(3) It is directed that the sums which are—

(a) the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2016-17;

(b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act M16 (pension increase or lump sum where entitlement to retirement pension is deferred);

(c) lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension (entitlement to lump sum where pensioner's deceased spouse or civil partner has deferred entitlement); and

(d) payable to a pensioner as part of their Category A or Category B retirement pension by virtue of an order made under section 120 of the Social Security (Northern Ireland) Act 1975 M17 , Article 64 of the Social Security (Northern Ireland) Order 1986 M18 or section 132 of the Administration Act,

shall in each case be increased by 1∙0 per cent.

(4) The sums which are shared additional pensions under section 55A and 55AA of the Contributions and Benefits Act M19 , and the sums which are increases in the rates of such pensions under paragraph 2 of Schedule 5A to that Act M20 , shall in each case be increased by 1∙0 per cent.

Marginal Citations

M15 Section 44(4) was substituted by Article 64 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and amended by Article 4(3) of S.R. 2015 No. 124 and Article 4 of S.R. 2016 No. 92

M16 Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993, paragraphs 6(2) to (4) and 18(12) to (17) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), section 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), paragraphs 2 to 13 of Schedule 9 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), paragraph 6 of the Schedule to S.R. 2005 No. 434 and paragraph 19 of Schedule 1 to the Pensions Act (Northern Ireland) 2008

M17 1975 c. 15; section 120 was amended by paragraph 9 of Schedule 3 to the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)) and repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

M18 S.I. 1986/1888 (N.I. 18); Article 64 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

M19 Section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and amended by section 37(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 4 of Schedule 11 to the Pensions Act (Northern Ireland) 2015, and section 55AA was inserted by paragraph 5 of Schedule 11 to that Act

M20 Schedule 5A was inserted by paragraph 14 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

Rates or amounts of certain benefits under the Pension Schemes Act N.I.

5.  It is directed that sums which are payable by virtue of section 11(1) of the Pension Schemes Act (increase of guaranteed minimum where commencement of guaranteed minimum pension postponed) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 13(2) and (3) of that Act M21 ) shall be increased by 1∙0 per cent. where the increase under section 11(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years M22 .

Marginal Citations

M21 Section 13(2) was amended by paragraph 5(b) of Schedule 1 to S.R. 2005 No. 433

M22 See section 132(4) of the Social Security Administration (Northern Ireland) Act 1992 as amended by paragraph 41(c) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993; see also S.R. 2017 No. 47

Rates or amounts of certain pensions under Part 1 of the Pensions Act N.I.

6.—(1) In regulation 1A of the State Pension Regulations (Northern Ireland) 2015 M23 (full rate of state pension) for “£155∙65” substitute “ £159∙55 ”.

(2) It is directed that the sums which are increases under section 17 of the Pensions Act in the rates of state pensions under Part 1 of that Act shall be increased by 1∙0 per cent.

(3) The amounts which, under—

(a) section 9 of the Pensions Act, are survivor's pensions based on inheritance of deferred old state pension;

(b) paragraph 4(3) of Schedule 2 to the Pensions Act, are the amounts of state pensions under Part 1 of the Pensions Act at the transitional rate which exceed the full rate for those who reached pensionable age before 10th April 2017;

(c) paragraphs 5(3) and 6 of Schedule 4 to the Pensions Act, are the amounts of survivor's pensions which either alone or in combination with certain other pensions under that Act exceed the full rate; and

(d) paragraphs 5(3) and 6 of Schedule 9 to the Pensions Act, are the amounts of shared state pensions under Part 1 of the Pensions Act which either alone or in combination with certain other pensions under that Act exceed the full rate,

shall in each case be increased by 1∙0 per cent.

(4) For the purpose of this Article, “old state pension” has the same meaning as in section 22 of the Pensions Act.

Marginal Citations

M23 S.R. 2015 No. 315; regulation 1A was inserted by regulation 2 of S.R. 2016 No. 88

Earnings limits N.I.

7.  In section 80(4) of the Contributions and Benefits Act M24 (earnings limits in respect of child dependency increases)—

(a) in both places, the sum of £230 remains the same; and

(b) the sum of £30 remains the same.

Marginal Citations

M24 Section 80 was repealed by Schedule 6 to the Tax Credits Act 2002; see also Article 2 of S.R. 2003 No. 212 which saves the repealed provision in certain circumstances. Section 80(4) was amended by Article 7 of S.R. 2015 No. 124

Statutory sick pay N.I.

8.  In section 153(1) of the Contributions and Benefits Act M25 (rate of payment) for “£88∙45” substitute “ £89∙35 ”.

Marginal Citations

M25 Section 153(1) was amended by Article 10(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and Article 8 of S.R. 2015 No. 124

Statutory maternity pay N.I.

9.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 M26 (prescribed rate of statutory maternity pay) for “£139∙58” substitute “ £140∙98 ”.

Marginal Citations

M26 S.R. 1987 No. 30; regulation 6 was substituted by regulation 2(3) of S.R. 2002 No. 354 and amended by Article 9 of S.R. 2015 No. 124

Statutory paternity pay, statutory adoption pay and statutory shared parental pay N.I.

10.—(1) In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 2002 M27 —

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£139∙58” substitute “ £140∙98 ”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£139∙58” substitute “ £140∙98 ”.

(2) In regulation 40(1)(a) of the Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015 M28 (weekly rate of payment of statutory shared parental pay) for “£139∙58” substitute “ £140∙98 ”.

Marginal Citations

M27 S.R. 2002 No. 380; relevant amending Rules are S.R. 2004 No. 111 and S.R. 2015 No. 124

M28 S.R. 2015 No. 94; relevant amending Rule is S.R. 2015 No. 124

Graduated retirement benefit N.I.

11.—(1) In section 35(1) of the National Insurance Act (Northern Ireland) 1966 M29 (graduated retirement benefit)—

(a) the sum of 13∙30 pence shall be increased by 1∙0 per cent.; and

(b) the reference in that provision to that sum shall have effect as a reference to 13∙43 pence.

(2) The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 M30 (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 1∙0 per cent.

(3) The sums which are lump sums to which surviving spouses or civil partners will become entitled under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005 M31 (increases of graduated retirement benefit and lump sums) shall be increased by 1∙0 per cent.

(4) The sums which are the additions under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (special provision as to graduated retirement benefit for widows and widowers) shall be increased by 1∙0 per cent.

Marginal Citations

M29 1966 c. 6 (N.I.); sections 35 and 36 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 2 of S.R. 1978 No. 105

M30 S.R. 1978 No. 105; Schedule 2 was amended by regulation 5(3) of S.R. 1989 No. 373 and regulation 3 of S.R. 2005 No. 121

M31 S.R. 2005 No. 121; Schedule 1 was amended by regulation 4 of S.R 2005 No. 541 and regulation 7(2) of S.R. 2006 No. 104

Amount of Category C retirement pension under the Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 N.I.

12.  In regulation 11(3) of the Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 M32 (Category C retirement pension for widows of men over pensionable age on 5^th July 1948) for “£71∙50” substitute “ £73∙30 ”.

Marginal Citations

M32 S.R. 1979 No. 243; regulation 11(3) was amended by regulation 2(4) of S.R. 1987 No. 404, regulation 8(7) of S.R. 1989 No. 373, Article 5(5) of S.R. 2015 No. 411 and Article 5 of S.R. 2016 No. 92

Maximum additional pension N.I.

13.  In regulation 2A of the Social Security (Maximum Additional Pension) Regulations (Northern Ireland) 2010 M33 (prescribed maximum additional pension for survivors who become entitled on or after 6^th April 2016) for “£165∙60” substitute “ £167∙26 ”.

Marginal Citations

M33 S.R. 2010 No. 62; regulation 2A was inserted by Article 26(4) of S.R. 2015 No. 411

Disability living allowance N.I.

14.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 M34 (rate of benefit)—

(a) in paragraph (1)(a) for “£82∙30” substitute “ £83∙10 ”;

(b) in paragraph (1)(b) for “£55∙10” substitute “ £55∙65 ”;

(c) in paragraph (1)(c) for “£21∙80” substitute “ £22∙00 ”;

(d) in paragraph (2)(a) for “£57∙45” substitute “ £58∙00 ”; and

(e) in paragraph (2)(b) for “£21∙80” substitute “ £22∙00 ”.

Marginal Citations

M34 S.R. 1992 No. 32; regulation 4 was amended by regulation 2(5) of S.R. 1993 No. 340 and Article 12 of S.R. 2015 No. 124

Personal independence payment N.I.

15.  In regulation 24 of the Personal Independence Payment Regulations (Northern Ireland) 2016 M35 (rate of personal independence payment)—

(a) in paragraph (1)(a) for “£55∙10” substitute “ £55∙65 ”;

(b) in paragraph (1)(b) for “£82∙30” substitute “ £83∙10 ”;

(c) in paragraph (2)(a) for “£21∙80” substitute “ £22∙00 ”; and

(d) in paragraph (2)(b) for “£57∙45” substitute “ £58∙00 ”.

Marginal Citations

M35 S.R. 2016 No. 217

Age addition to long-term incapacity benefit N.I.

16.—(1) Subject to paragraph (2), in regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 M36 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a) in sub-paragraph (a) for “£21∙50” substitute “ £21∙70 ”; and

(b) in sub-paragraph (b) for “£10∙80” substitute “ £10∙90 ”.

(2) In the case of a claimant entitled to long-term incapacity benefit the sums specified in regulation 9(2)(a) and (b) of those Regulations shall be increased to £11∙25 and £6∙25 respectively.

Marginal Citations

M36 S.R. 1994 No. 461; regulation 9(2) was amended by Article 13 of S.R. 2015 No. 124

Transitional invalidity allowance in long-term incapacity benefit cases N.I.

17.—(1) Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 M37 (rate of long-term incapacity benefit in transitional cases)—

(a) in sub-paragraph (a) for “£21∙50” substitute “ £21∙70 ”;

(b) in sub-paragraph (b) for “£13∙90” substitute “ £14∙00 ”; and

(c) in sub-paragraph (c) for “£6∙95” substitute “ £7∙00 ”.

(2) In the case of a claimant entitled to long-term incapacity benefit the sums specified in regulation 18(2)(a), (b) and (c) of those Regulations shall be increased to £11∙25, £6∙25 and £6∙25 respectively.

Marginal Citations

M37 S.R. 1995 No. 35; regulation 18(2) was amended by Article 14 of S.R. 2015 No. 124

Bereavement benefits N.I.

18.  In the Rate of Bereavement Benefits Regulations (Northern Ireland) 2010 M38 —

(a) in regulation 2 (rate of widowed mother's allowance and widow's pension) for “£112∙55” substitute “ £113∙70 ”; and

(b) in regulation 3 (rate of widowed parent's allowance and bereavement allowance) for “£112∙55” substitute “ £113∙70 ”.

Marginal Citations

M38 S.R. 2010 No. 407; regulations 2 and 3 were amended by Article 15 of S.R. 2015 No. 124 and words in regulation 3 were omitted by Article 26 of S.R. 2017 No. 66 but remain in force for certain cases under Article 2 of that Rule

PART 3 N.I. INCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support N.I.

19.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations M39 shall be the sums set out in this Article and Schedules 2 to 4 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Income Support Regulations bearing that number.

(2) In—

(a) regulations 17(1)(b), 18(1)(c) and 21(1) M40 ; and

(b) paragraphs 13A(2)(a) and 14(2)(a) of Part III of Schedule 2 M41 ,

the sum specified is in each case £3,000.

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

(4) In paragraph 3(1) of Part II of Schedule 2 M42 (applicable amounts: family premium) the sum of £17∙45, in both places, remains the same.

(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 M43 (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) for “£94∙50” and “£14∙65” substitute “ £95∙45 ” and “ £14∙80 ” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£133∙00” substitute “ £136∙00 ”,

(ii) in head (b) for “£133∙00”, “£195∙00” and “£33∙65” substitute “£136∙00”, “£200∙00” and “£34∙00” respectively,

(iii) in head (c) for “£195∙00”, “£253∙00” and “£46∙20” substitute “£200∙00”, “£259∙00” and “£46∙65” respectively,

(iv) in head (d) for “£253∙00”, “£338∙00” and “£75∙60” substitute “£259∙00”, “£346∙00” and “£76∙35” respectively, and

(v) in head (e) for “£338∙00”, “£420∙00” and “£86∙10” substitute “£346∙00”, “£430∙00” and “£86∙95” respectively.

(7) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 4 to this Order are the sums set out in column (2) of that Schedule.

Marginal Citations

M39 See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit

M40 Regulation 17(1)(b) was amended by regulation 4(7) of S.R. 1993 No. 373, regulation 18(1)(c) was amended by regulation 4(8) of S.R. 1993 No. 373 and regulation 21(1) was amended by regulation 4(3) of S.R. 1994 No. 77, regulation 12 of S.R. 1996 No. 199, regulation 2(2) of S.R. 1996 No. 449, paragraph 6(a) of the Schedule to S.R. 2002 No. 132 and paragraph 4(a) of Schedule 1 to S.R. 2003 No. 195

M41 Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367 and sub-paragraph (2) was substituted by regulation 2(7)(f) of S.R. 2007 No. 154 and paragraph 14 was substituted by regulation 2(7)(g) of S.R. 2007 No. 154 and sub-paragraph (2) was amended by regulation 3(6)(b) of S.R. 2011 No. 135 and regulation 11(5)(d)(ii) of S.R. 2016 No. 228

M42 Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318, regulation 5(4)(a) of S.R. 1996 No. 288, regulation 8 of S.R. 1998 No. 112 and Article 16(4) of S.R. 2015 No. 124

M43 Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18(1) and (2) was amended by regulation 2(3)(j)(i) and (ii) of S.R. 1995 No. 434, regulation 3 of S.R. 1997 No. 3, Article 7(2) of S.R. 1999 No. 472 (C. 36), regulation 4(b)(i) of S.R. 2004 No. 394 and regulation 2(3) of S.R. 2016 No. 110

Income support transitional protection N.I.

20.  The sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987 M44 shall be increased by 1∙0 per cent.

Marginal Citations

M44 S.R. 1987 No. 460; regulation 15 was amended by regulation 10 of S.R. 1988 No. 132, regulation 2(3) of S.R. 1998 No. 153, regulation 4 of S.R. 1989 No. 371 and regulation 3 of S.R. 1991 No. 341

Housing benefit N.I.

21.—(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 this Article and Schedules 5 and 6 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit Regulations bearing that number.

(2) In regulation B14(3) M45 (determination of a maximum rent (social sector))—

(a) in sub-paragraph (a) 14% remains the same; and

(b) in sub-paragraph (b) 25% remains the same.

(3) In regulation 24(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300 remain the same.

(4) In regulation 72 M46 (non-dependant deductions)—

(a) in paragraph (1) for “£94∙50” and “£14∙65” substitute “ £95∙45 ” and “ £14∙80 ” respectively; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£133∙00” substitute “ £136∙00 ”,

(ii) in sub-paragraph (b) for “£133∙00”, “£195∙00” and “£33∙65” substitute “£136∙00”, “£200∙00” and “£34∙00” respectively,

(iii) in sub-paragraph (c) for “£195∙00”, “£253∙00” and “£46∙20” substitute “£200∙00”, “£259∙00” and “£46∙65” respectively,

(iv) in sub-paragraph (d) for “£253∙00”, “£338∙00” and “£75∙60” substitute “£259∙00”, “£346∙00” and “£76∙35” respectively, and

(v) in sub-paragraph (e) for “£338∙00”, “£420∙00” and “£86∙10” substitute “£346∙00”, “£430∙00” and “£86∙95” respectively.

(5) In Schedule 1 M47 (ineligible service charges)—

(a) in paragraph 2 for “£26∙85”, “£26∙85”, “£13∙60”, “£17∙85”, “£17∙85”, “£9∙00” and “£3∙30” substitute “£27∙10”, “£27∙10”, “£13∙75”, “£18∙05”, “£18∙05”, “£9∙10” and “£3∙35” respectively; and

(b) in paragraph 6(2) the sums of £28∙80, £3∙35, £2∙30 and £3∙35 respectively remain the same.

(6) The sums specified in paragraph 2 of Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 5 to this Order.

(7) In paragraph 3(1) of Part II of Schedule 4 M48 (applicable amounts: family premium) the sums of £22∙20 and £17∙45 remain the same.

(8) The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums) shall be as set out in Schedule 6 to this Order.

(9) In paragraph 26 of Part VI of Schedule 4 M49 (amount of components) for “£36∙20” substitute “ £36∙55 ”.

(10) In paragraph 17(1) and (3)(c) of Schedule 5 M50 (sums to be disregarded in the calculation of earnings) the sum of £17∙10 remains the same.

(11) In paragraph 58 of Schedule 6 M51 (sums to be disregarded in the calculation of income other than earnings) the sum of £17∙10 remains the same.

Marginal Citations

M45 Regulation B14 was inserted by regulation 5(7) of S.R. 2016 No. 326

M46 Regulation 72(1) and (2) was amended by Article 20(3) of S.R. 2012 No. 116 and regulation 5 of S.R. 2016 No. 110

M47 Paragraphs 2 and 6(2) were amended by Article 19(4) of S.R. 2015 No. 124

M48 Part II of Schedule 4 was omitted by regulation 3(1)(c) of S.R. 2016 No. 310 and regulation 5 of that instrument makes transitional arrangements in connection with the abolition of the family premium; paragraph 3(1) was amended by regulation 19(7)(a) of S.R. 2011 No. 357 and Article 19(6) of S.R. 2015 No. 124

M49 Part VI was added by regulation 3(17)(d) of S.R. 2008 No. 378 and amended by Article 19(8) of S.R. 2015 No. 124 and the heading was amended by paragraph 6(7)(b)(i) of Schedule 1 to S.R. 2017 No. 51 but the wording remains in force for certain cases under Schedule 2 to that Rule

M50 Paragraph 17(1) and (3)(c) was amended by regulation 2(6)(b) of S.R. 2009 No. 382 and Article 19(9) of S.R. 2015 No. 124

M51 Paragraph 58 was amended by Article 19(10) of S.R. 2015 No. 124

Housing benefit for certain persons over the qualifying age for state pension credit N.I.

22.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this Article and Schedules 7 and 8 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit (SPC) Regulations bearing that number.

(2) In regulation 28(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300 remain the same.

(3) In regulation 53 M52 (non-dependant deductions)—

(a) in paragraph (1) for “£94∙50” and “£14∙65” substitute “ £95∙45 ” and “ £14∙80 ” respectively; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£133∙00” substitute “ £136∙00 ”,

(ii) in sub-paragraph (b) for “£133∙00”, “£195∙00” and “£33∙65” substitute “£136∙00”, “£200∙00” and “£34∙00” respectively,

(iii) in sub-paragraph (c) for “£195∙00”, “£253∙00” and “£46∙20” substitute “£200∙00”, “£259∙00” and “£46∙65” respectively,

(iv) in sub-paragraph (d) for “£253∙00”, “£338∙00” and “£75∙60” substitute “£259∙00”, “£346∙00” and “£76∙35” respectively, and

(v) in sub-paragraph (e) for “£338∙00”, “£420∙00” and “£86∙10” substitute “£346∙00”, “£430∙00” and “£86∙95” respectively.

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

(a) in paragraph 2 M53 for “£26∙85”, “£26∙85”, “£13∙60”, “£17∙85”, “£17∙85”, “£9∙00” and “£3∙30” substitute “£27∙10”, “£27∙10”, “£13∙75”, “£18∙05”, “£18∙05”, “£9∙10” and “£3∙35” respectively; and

(b) in paragraph 6(2) the sums of £28∙80, £3∙35, £2∙30 and £3∙35 remain the same.

(5) The sums specified in Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.

(6) In paragraph 3(1) of Part II of Schedule 4 M54 (applicable amounts: family premium) the sum of £17∙45 remains the same.

(7) The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 8 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 5 M55 (sums disregarded from claimant's earnings) the sum of £17∙10 remains the same.

(9) In paragraph 22 of Schedule 6 M56 (amounts to be disregarded in the calculation of income other than earnings) the sum of £17∙10 remains the same.

Marginal Citations

M52 Regulation 53(1) and (2) was amended by Article 21(3) of S.R. 2012 No. 116 and regulation 6(2) of S.R. 2016 No. 110

M53 Paragraphs 2 and 6(2) were amended by Article 20(4) of S.R. 2015 No. 124

M54 Part II of Schedule 4 was omitted by regulation 3(2)(b) of S.R. 2016 No. 310 and regulation 5 of that instrument makes transitional arrangements in connection with the abolition of the family premium; paragraph 3(1) was amended by Article 20(6) of S.R. 2015 No. 124

M55 Paragraph 9 was amended by Article 20(8) of S.R. 2015 No. 124

M56 Paragraph 22 was amended by regulation 6(6)(d) of S.R. 2008 No. 498 and Article 20(9) of S.R. 2015 No. 124

PART 4 N.I. JOBSEEKER'S ALLOWANCE

Applicable amounts for jobseeker's allowance N.I.

23.—(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker's Allowance Regulations M57 shall be the sums set out in this Article and Schedules 9 to 12 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Jobseeker's Allowance Regulations bearing that number.

(2) In—

(a) regulations 83(b), 84(1)(c) and 85(1) M58 ; and

(b) paragraphs 15A(2)(a) and 16(2)(a) of Part III of Schedule 1 M59 ,

the sum specified is in each case £3,000.

(3) The sums specified in paragraph 2 of Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.

(4) In paragraph 4(1) of Part II of Schedule 1 M60 (applicable amounts: family premium) the sum of £17∙45, in both places, remains the same.

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

(6) The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 11 to this Order.

(7) In paragraph 17 of Schedule 2 M61 (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) for “£94∙50” and “£14∙65” substitute “ £95∙45 ” and “ £14∙80 ” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£133∙00” substitute “ £136∙00 ”,

(ii) in head (b) for “£133∙00”, “£195∙00” and “£33∙65” substitute “£136∙00”, “£200∙00” and “£34∙00” respectively,

(iii) in head (c) for “£195∙00”, “£253∙00” and “£46∙20” substitute “£200∙00”, “£259∙00” and “£46∙65” respectively,

(iv) in head (d) for “£253∙00”, “£338∙00” and “£75∙60” substitute “£259∙00”, “£346∙00” and “£76∙35” respectively, and

(v) in head (e) for “£338∙00”, “£420∙00” and “£86∙10” substitute “£346∙00”, “£430∙00” and “£86∙95” respectively.

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

Marginal Citations

M57 See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit

M58 Regulation 83(b) and 84(1)(c) were omitted, and regulation 85(1) was amended, by Schedule 2 to S.R. 2003 No. 195 and regulation 8 of that instrument makes transitional arrangements in connection with the introduction of child tax credit. Regulation 85(1) was also amended by regulation 4(5)(a) of S.R. 2003 No. 267

M59 Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367 and sub-paragraph (2) was substituted by regulation 3(8)(e) of S.R. 2007 No. 154 and paragraph 16 was substituted by regulation 3(8)(f) of S.R. 2007 No. 154 and sub-paragraph (2) was amended by regulation 7(7)(b)(iii) of S.R. 2011 No. 135, Article 17(7)(e)(ii) of S.I. 2013/3021 and paragraph 14(7)(e)(ii) of S.R. 2016 No. 228

M60 Paragraph 4(1) was amended by regulation 9(4)(a) of S.R. 1996 No. 288, regulation 10(a) of S.R. 1998 No. 112 and Article 22(4) of S.R. 2015 No. 124

M61 Sub-paragraphs (1) and (2) were amended by regulation 3 of S.R. 1997 No. 3, Article 9(5)(l) of S.R. 1999 No. 428 (C. 32), regulation 5(b)(i) of S.R. 2004 No. 394 and regulation 3(3) of S.R. 2016 No. 110

PART 5 N.I. STATE PENSION CREDIT

State pension credit N.I.

24.—(1) The sums specified in the State Pension Credit Regulations shall be the sums set out in this Article and Schedule 13 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the State Pension Credit Regulations bearing that number.

(2) In regulation 6 M62 (amount of the guarantee credit)—

(a) in paragraph (1) for “£237∙55” and “£155∙60” substitute “ £243∙25 ” and “ £159∙35 ” respectively;

(b) in paragraph (5) for “£61∙85” and “£123∙70” substitute “ £62∙45 ” and “ £124∙90 ” respectively; and

(c) in paragraph (8) for “£34∙60” substitute “ £34∙95 ”.

(3) In regulation 7 M63 (savings credit)—

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

(b) in paragraph (2) for “£133∙82” and “£212∙97” substitute “ £137∙35 ” and “ £218∙42 ” respectively.

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

(a) in sub-paragraph (1) M64 for “£94∙50” and “£14∙65” substitute “ £95∙45 ” and “ £14∙80 ” respectively; and

(b) in sub-paragraph (2) M65 —

(i) in head (a) for “£133∙00” substitute “ £136∙00 ”,

(ii) in head (b) for “£133∙00”, “£195∙00” and “£33∙65” substitute “£136∙00”, “£200∙00” and “£34∙00” respectively,

(iii) in head (c) for “£195∙00”, “£253∙00” and “£46∙20” substitute “£200∙00”, “£259∙00” and “£46∙65” respectively,

(iv) in head (d) for “£253∙00”, “£338∙00” and “£75∙60” substitute “£259∙00”, “£346∙00” and “£76∙35” respectively, and

(v) in head (e) for “£338∙00”, “£420∙00” and “£86∙10” substitute “£346∙00”, “£430∙00” and “£86∙95” respectively.

(5) In paragraph 1 of Schedule 3 M66 (special groups: polygamous marriages)—

(a) in sub-paragraph (5), which substitutes regulation 6(1), for “£237∙55” and “£81∙95” substitute “ £243∙25 ” and “ £83∙90 ” respectively; and

(b) in sub-paragraph (7), which substitutes regulation 7(2), for “£212∙97” substitute “ £218∙42 ”.

(6) The sums specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 13 to this Order are the sums set out in column (2) of that Schedule.

Marginal Citations

M62 Regulation 6 was amended by Article 24(2) of S.R. 2015 No. 124 and Article 6 of S.R. 2016 No. 92

M63 Regulation 7 was amended by Article 24(3) of S.R. 2015 No. 124 and regulation 4(2) of S.R. 2016 No. 110

M64 Sub-paragraph (1) was amended by regulation 6(5)(b)(i) of S.R. 2004 No. 394 and regulation 4(3)(a) of S.R. 2016 No. 110

M65 Sub-paragraph (2) was amended by regulation 14(5)(a) of S.R. 2006 No. 359 and regulation 4(3)(b) of S.R. 2016 No. 110

M66 Paragraph 1(5) and (7) was amended by regulation 4(4) of S.R. 2016 No. 110

PART 6 N.I. EMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for the Employment and Support Allowance Regulations 2008 N.I.

25.—(1) The sums relevant to the calculation of an applicable amount as specified in the Employment and Support Allowance Regulations 2008 shall be the sums set out in this Article and Schedules 14 and 15 to this Order; and for this purpose a reference in this Article to a numbered Schedule is a reference to the Schedule to the Employment and Support Allowance Regulations 2008 bearing that number.

(2) The sums specified in Part 3 of Schedule 4 (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 14 to this Order.

(3) In paragraph 13 of Part 4 of Schedule 4 M67 (the components) for “£36∙20” substitute “ £36∙55 ”.

(4) In paragraph 19 of Schedule 6 M68 (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) for “£94∙50” and “£14∙65” substitute “ £95∙45 ” and “ £14∙80 ” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£133∙00” substitute “ £136∙00 ”,

(ii) in head (b) for “£133∙00”, “£195∙00” and “£33∙65” substitute “£136∙00”, “£200∙00” and “£34∙00” respectively,

(iii) in head (c) for “£195∙00”, “£253∙00” and “£46∙20” substitute “£200∙00”, “£259∙00” and “£46∙65” respectively,

(iv) in head (d) for “£253∙00”, “£338∙00” and “£75∙60” substitute “£259∙00”, “£346∙00” and “£76∙35” respectively, and

(v) in head (e) for “£338∙00”, “£420∙00” and “£86∙10” substitute “£346∙00”, “£430∙00” and “£86∙95” respectively.

(5) The sums specified in any provision of the Employment and Support Allowance Regulations 2008 set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.

Marginal Citations

M67 Paragraph 13 was amended by Article 25(4) of S.R. 2015 No. 124 and the heading was amended by regulation 2(4)(c)(i) of S.R. 2017 No. 51 but the wording remains in force for certain cases under Schedule 2 to that Rule

M68 Paragraph 19(1) and (2) was amended by regulation 7(3) of S.R. 2016 No. 110

Prescribed amount for the Employment and Support Allowance Regulations 2016 N.I.

26.  In regulation 62(2)(b) of the Employment and Support Allowance Regulations 2016 (prescribed amounts) for “£36∙20” substitute “ £36∙55 ”.

PART 7 N.I. UNIVERSAL CREDIT

Universal credit N.I.

27.—(1) In regulation 35(1)(a) of the Universal Credit Regulations (amount of childcare costs element) “85 percent” remains the same.

(2) The amounts of the child element, the additional amount in respect of each child or qualifying young person who is disabled (higher rate), the limited capability for work and work-related activity element, the carer element and the maximum amounts of the childcare costs element specified in the table in regulation 38 of the Universal Credit Regulations (amounts of elements) shall be as set out in Schedule 16 to this Order.

(3) In paragraph 13 of Schedule 4 to the Universal Credit Regulations (amount of housing cost contributions)—

(a) in sub-paragraph (1) for “£69∙37” substitute “ £70∙06 ”; and

(b) in sub-paragraph (3)(a) “nil” remains the same.

(4) The amounts specified in any provision of the Universal Credit Regulations set out in column (1) of Schedule 17 to this Order are the amounts set out in column (2) of that Schedule.

PART 8 N.I. REVOCATIONS

Revocation N.I.

28.  The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2017 M69 is revoked.

Marginal Citations

M69 S.R. 2017 No. 187

Sealed with the Official Seal of the Department for Communities on 16th March 2018

L.S.

Anne McCleary

A senior officer of the

Department for Communities