The Social Security Benefits Up-rating Order 1993

PART II SOCIAL SECURITY BENEFITS

Increases in rates or amounts of certain benefits under the 1992 Act

3.—(1) In this article, “Schedule 4” means Schedule 4 to the 1992 Act.

(2) The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 6 below; and Schedule 4 shall have effect as set out in Schedule 1 to this Order.

(3) The sums mentioned in paragraph (2) above are the sums specified in Parts I, III, IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit, respectively), except in Part III the sum specified for age addition.

Increases in rates or amounts of certain pensions or allowances under the 1992 Act

4.—(1) The sums specified in paragraphs (2), (3) and (4) 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 1992 Act (calculation of weekly rate of retirement allowance) shall be increased by 3.6 per cent. of their amount apart from this Order.

(3) In section 44(4) of the 1992 Act (basic pension in a Category A retirement pension)—

(a) for the sum of £51.95 there shall be substituted the sum of £53.80; and

(b) for the sum of £54.15 there shall be substituted the sum of £56.10.

(4) It is hereby directed(1) 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 1992/93,

(b) the increases in the rates of retirement pensions under Schedule 5 to the 1992 Act (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(2) or section 63 of the Social Security Act 1986(3),

shall in each case be increased by 3.6 per cent.of their amount apart from this Order.

Increase in rates or amounts of certain benefits under the Pensions Act

5.—(1) 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 35(6) of the Pensions Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occuptional 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 36(3)), shall be increased by—

(a) 3.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1987-88 and earlier tax years, and

(b) 0.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1988-89 and subsequent tax years(4).

Dates on which sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act are increased by this Order

6.—(1) Paragraphs (2) to (8) of this article, which are subject to the provisions of paragraph (9) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act shall take effect for each case.

(2) In relation to the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with sections 25(5), 31(6) or 33(4) of the 1992 Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 15th April 1993 and in relation to all other cases the increases in such sums shall take effect on 12th April 1993.

(3) The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 12th April 1993.

(4) The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance(5), 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 12th April 1993.

(5) 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 1992 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 1992 Act, shall in all cases take effect on 14th April 1993.

(6) 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 50(2) of the 1992 Act by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 12th April 1993 and where it does not fall to be so increased the sum so specified shall take effect on 15th April 1993.

(7) The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increases for dependants), shall take effect in all cases on 15th April 1993.

(8) The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the 1992 Act (retirement allowance) shall take effect on 14th April 1993.

(9) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (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.

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 1992 Act the sum of £32.55 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 14th April 1993 for that sum in paragraph 2(6)(c), and from and including 15th April 1993 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £33.70.

Earnings Limits

8.  In section 80(4) of the 1992 Act (earnings limits in respect of child dependency increases) for the sums £115, £15 and £115 there shall be substituted the sums £120, £16 and £120 respectively.

Statutory Sick Pay

9.  In section 157(1) of the 1992 Act (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) the sums specified in paragraph (a) are £52.50 and £190.00 respectively and the sum specified in paragraph (b) is £45.30.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(6) (lower rate of statutory maternity pay) for the sum of £46.30 there shall be substituted the sum of £47.95.

Increase in rate of graduated retirement benefit and increments thereof

11.—(1) In the National Insurance Act 1965(7) the sum of 7.09 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.6 per cent; and from and including 12th April 1993 the reference in that provision to that sum shall have effect as a reference to 7.35 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(8) (increases for deferred retirement) shall be increased by 3.6 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(9) (rate of benefit)—

(a) in sub-paragraph (a) of paragraph (1), for the sum of £43.35 there shall be substituted the sum of £44.90;

(b) in sub-paragraph (b) of paragraph (1), for the sum of £28.95 there shall be substituted the sum of £30.00;

(c) in sub-paragraph (c) of paragraph (1), for the sum of £11.55 there shall be substituted the sum of £11.95;

(d) in sub-paragraph (a) of paragraph (2), for the sum of £30.30 there shall be substituted the sum of £31.40;

(e) in sub-paragraph (b) of paragraph (2), for the sum of £11.55 there shall be substituted the sum of £11.95.

Sum specified for child benefit

13.  In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(10) (weekly rates of child benefit)—

(a) in sub-paragraph (a) of paragraph (1), for the sum of £9.65 there shall be substituted the sum of £10.00;

(b) in sub-paragraph (b) of paragraph (1), for the sum of £7.80 there shall be substituted the sum of £8.10; and

(c) in paragraph 2, for the sum £5.85 there shall be substituted the sum of £6.05.

(1)

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

(2)

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, section 86, Schedule 11.

(3)

1986 c. 50.

(4)

See section 151(3)-(5) of the Social Security Administration Act 1992 and the Guaranteed Minimum Pensions Increase Order 1993 (S.I. 1993/279). Subsection (3) provides for the increases to be paid as part of a Category A or Category B retirement pension.

(5)

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).

(6)

S.I. 1986/1960.

(7)

1965 c. 51. Section 36 was repealed by the Social Security Act 1973 (c. 38) but subsection (1) is now 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 the Schedule to those Regulations as amended by article 7 of the Social Security Benefits Up-rating (No. 2) Order 1991 (S.I. 1991/2910). See also regulation 2 of those Regulations as amended by regulation 3 of S.I. 1989/893 and S.I. 1991/2707.

(8)

S.I. 1978/393 amended by S.I. 1989/1642.

(9)

S.I. 1991/2890.

(10)

S.I. 1976/1267; the relevant amending instruments are S.I. 1977/1328, 1980/110, 1991/502, 503, 543, 1595 and 2910.