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Statutory Instruments
SOCIAL SECURITY
TERMS AND CONDITIONS OF EMPLOYMENT
Made
6th March 2003
Coming into force in accordance with article 1
Whereas, the Secretary of State for Work and Pensions having made a review under section 150(1) of the Social Security Administration Act 1992(1), and whereas it appeared to him that the general level of prices was greater at the end of the period under review than it was at the beginning of that period, 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 Work and Pensions, with the consent of the Treasury(2), in exercise of the powers conferred by sections 150, 151 and 189(1), (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:
1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2003.
(2) Subject to paragraphs (3) and (4) of this article, this Order shall come into force for the purposes of—
(a)articles 1, 2, 6, 21 and 26 on 1st April 2003;
(b)article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2003, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;
(c)articles 3 to 5, 7, 12 to 14 and 25 on 7th April 2003;
(d)article 9, on 6th April 2003;
(e)articles 10 and 11, on 6th April 2003;
(f)articles 15 and 16, on 10th April 2003;
(g)articles 17 to 19, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2003, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Income Support Regulations;
(h)article 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 2003, and in relation to any other case, on 1st April 2003;
(i)articles 22 to 24, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2003, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.
(3) Where, so far as it relates to any particular beneficiary, article 10 of this Order comes into force in accordance with paragraph (2)(e) above on 6th April 2003, it shall come into force immediately after the coming into force of regulation 3 of the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002(3).
(4) 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 22(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.
2. In this Order—
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996(4);
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(5);
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(6);
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(7);
“the Income Support Regulations” means the Income Support (General) Regulations 1987(8);
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(9);
“the Pension Schemes Act” means the Pension Schemes Act 1993(10); and
“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002(11).
3.—(1) The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit) has 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 except in—
(a)Part I the sum specified for child’s special allowance;
(b)Part III the sum specified for age addition to a pension of any category and otherwise under section 79 of that Act;
(c)Part IV the sums specified in column (2) (increase for qualifying child); and
(d)Part V the sums specified for the increase in disablement pension for dependant children, widow’s pension (initial rate) and death benefit allowance in respect of children.
4.—(1) The sums specified in paragraphs (2) to (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 1.7 per cent. of their amount apart from this Order.
(3) In section 44(4) of the Contributions and Benefits Act(12) (basic pension in a Category A retirement pension)—
(a)for “£68.05” substitute “£69.20”; and
(b)for “£75.50” substitute “£77.45”.
(4) It is hereby directed(13) that the sums which are—
(a)the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2002-2003 shall be increased by 1.7 per cent. of their amount apart from this Order;
(b)subject to sub-paragraph (c) below, the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(14) (increase of pension where entitlement is deferred) shall be increased by 6.6 per cent. of their amount apart from this Order;
(c)the increases in the rates of retirement pensions relating to additional pensions under Schedule 5 to the Contributions and Benefits Act shall be increased by 1.7 per cent. of their amount apart from this Order; and
(d)payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975(15), section 63 of the Social Security Act 1986(16) or section 150(1)(e) of the Social Security Administration Act 1992(17) shall be increased by 1.7 per cent. of their amount apart from this Order.
(5) The sums which, under—
(a)section 55A of the Contributions and Benefits Act(18), are shared additional pensions;
(b)section 55C of the Contributions and Benefits Act(19), are increases in the rates of such pensions,
shall in each case be increased by 1.7 per cent. of their amount apart from this Order.
5.—(1) It is hereby directed(20) 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) of that Act), shall be increased by 1.7 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(21).
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, any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 7th April 2003.
(3) In the case of a person over pensionable age—
(a)whose entitlement to a Category A retirement pension is deferred; and
(b)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(22),
any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 10th April 2003.
(4) The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 7th April 2003.
(5) Any increases in the sums specified for—
(a)the rate of—
(i)Category C and Category D retirement pension,
(ii)child’s special allowance(23),
(iii)attendance allowance,
(iv)carer’s allowance(24) (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), and
(v)guardian’s allowance; and
(b)any increases in—
(i)Category C retirement pension and carer’s allowance referred to in heads (i) and (iv) of sub-paragraph (a) above, and
(ii)maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants,
shall in all cases take effect on 7th April 2003.
(6) Any increases in the sums specified for—
(a)the rate of—
(i)carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
(ii)disablement benefit,
(iii)maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
(iv)industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children, and
(v)the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
(b)any increases in—
(i)the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) above in respect of dependants, and
(ii)disablement pension,
shall in all cases take effect on 9th April 2003.
(7) In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act(25) by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 7th April 2003.
(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 10th April 2003.
(9) The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 9th April 2003.
(10) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992(26) (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) Any increases in the sums specified in articles 3 and 22(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(27), 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 7th April 2003;
(b)in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2003,
and for the purposes of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
7. From and including—
(a)9th April 2003, for “£42.45” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
(b)10th April 2003, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£43.15”.
8. In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases)—
(a)for “£155.00”, in both places where it occurs, substitute “ £160.00”; and
(b)“£20.00” remains unchanged.
9. In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£63.25” substitute “£64.35 ”.
10. In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(28) (prescribed rate of statutory maternity pay) “£100.00 ” remains unchanged.
11. In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002(29)—
(a)in regulation 2 (weekly rate of payment of statutory paternity pay)—
(i)in paragraph (1) “£75.00” remains unchanged(30), and
(ii)in paragraph (2)(a) “£100.00” remains unchanged; an
(b)in regulation 3(a) (weekly rate of payment of statutory adoption pay) “ £100.00” remains unchanged.
12.—(1) In section 36(1) of the National Insurance Act 1965(31) (graduated retirement benefit)—
(a)the sum of 9.21 pence shall be increased by 1.7 per cent.; and
(b)from and including 7th April 2003 the reference in that provision to that sum shall have effect as a reference to 9.37 pence.
(2) The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978(32) (increases for deferred retirement) shall be increased by 1.7 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 1.7 per cent. of their amount apart from this Order.
13. In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(33) (rate of benefit)—
(a)in paragraph (1)(a) for “£56.25” substitute “£57.20 ”;
(b)in paragraph (1)(b) for “£37.65” substitute “£38.30 ”;
(c)in paragraph (1)(c) for “£14.90” substitute “£15.15 ”;
(d)in paragraph (2)(a) for “£39.30” substitute “£39.95 ”; and
(e)in paragraph (2)(b) for “£14.90” substitute “£15.15 ”.
14. In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(34) (weekly rates of child benefit)—
(a)in sub-paragraph (a)(i) for “£15.75” substitute “£16.05 ”;
(b)in sub-paragraph (a)(ii) “£17.55” remains unchanged; and
(c)in sub-paragraph (b) for “£10.55” substitute “£10.75 ”.
15. In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994(35) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—
(a)in sub-paragraph (a) for “£14.90” substitute “£15.15 ”; and
(b)in sub-paragraph (b) for “£7.45” substitute “£7.60 ”.
16. In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(36) (rate of long-term incapacity benefit in transitional cases)—
(a)in sub-paragraph (a) for “£14.90” substitute “£15.15 ”;
(b)in sub-paragraph (b) for “£9.50” substitute “£9.70 ”; and
(c)in sub-paragraph (c) for “£4.75” substitute “£4.85 ”.
17.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 5 to this Order; and for this purpose 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—
(a)regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (c)(ii) and (d)(i); and
(b)paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,
the sum specified is in each case £3,000.
(3) The sums specified in Part I of Schedule 2(37) (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(38) (applicable amounts: family premium)—
(a)in sub-paragraph (1)(a) “£15.90” remains unchanged; and
(b)in sub-paragraph (1)(b) for “£14.75” substitute “£15.75 ”.
(5) The sums specified in Part IV of Schedule 2(39) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
(6) In paragraph 18 of Schedule 3(40) (housing costs: non-dependant deductions)—
(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;
(b)in sub-paragraph (1)(b) “£7.40” remains unchanged;
(c)in sub-paragraph (2)(a) for “£88.00” substitute “£92.00 ”;
(d)in sub-paragraph (2)(b)—
(i)for “£88.00” substitute “£92.00”;
(ii)for “£131.00” substitute “£137.00”;
(iii)“£17.00” remains unchanged;
(e)in sub-paragraph (2)(c)—
(i)for “£131.00” substitute “£137.00”;
(ii)for “£170.00” substitute “£177.00”;
(iii)“£23.35” remains unchanged;
(f)in sub-paragraph (2)(d)—
(i)for “£170.00” substitute “£177.00”;
(ii)for “£225.00” substitute “£235.00”;
(iii)“£38.20” remains unchanged; and
(g)in sub-paragraph (2)(e)—
(i)for “£225.00” substitute “£235.00”;
(ii)for “£281.00” substitute “£293.00”;
(iii)“£43.50” remains unchanged.
(7) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases)—
(a)which are amended by this Order shall be as set out in Part I of Schedule 4 to this Order;
(b)which are not increased by this Order are the sums set out in Part II of that Schedule.
(8) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.
(9) In paragraph 19(b) of Schedule 9(41) (sums to be disregarded in the calculation of income other than earnings) for “£9.40” substitute “ £9.65”.
18. It is hereby directed(42) that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(43) (special transitional addition) shall be increased by 1.3 per cent. of their amount apart from this Order.
19. In section 126(7) of the Contributions and Benefits Act(44) (trade disputes: the relevant sum) for “£29.00” substitute “ £29.50”.
20.—(1) As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and for this purpose 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—
(a)regulations 16(b) and 17(c); and
(b)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)(45) (patients)—
(a)in sub-paragraphs (a), (b) and (d)(ii) for “£18.90” substitute “ £19.35” in each case;
(b)in sub-paragraphs (c)(i) and (d)(i) for “£15.10” substitute “ £15.50” in each case; and
(c)in sub-paragraph (c)(ii) for “£37.80” substitute “£38.70 ”.
(4) In regulation 63(46) (non-dependant deductions)—
(a)in paragraph (1)(a) “£47.75” remains unchanged;
(b)in paragraph (1)(b) “£7.40” remains unchanged;
(c)in paragraph (2)(a) for “£88.00” substitute “£92.00 ”;
(d)in paragraph (2)(b)—
(i)for “£88.00” substitute “£92.00”;
(ii)for “£131.00” substitute “£137.00”;
(iii)“£17.00” remains unchanged;
(e)in paragraph (2)(c)—
(i)for “£131.00” substitute “£137.00”;
(ii)for “£170.00” substitute “£177.00”;
(iii)“£23.35” remains unchanged;
(f)in paragraph (2)(d)—
(i)for “£170.00” substitute “£177.00”;
(ii)for “£225.00” substitute “£235.00”;
(iii)“£38.20” remains unchanged; and
(g)in paragraph (2)(e)—
(i)for “£225.00” substitute “£235.00”;
(ii)for “£281.00” substitute “£293.00”;
(iii)“£43.50” remains unchanged.
(5) In paragraph 1A of Part I of Schedule 1(47) (ineligible service charges), for “£19.25”, “£19.25”, “£9.70”, “ £12.80”, “£12.80”, “£6.45” and “£2.35 ” substitute “£19.50”, “£19.50”, “£9.85”, “ £12.95”, “£12.95”, “£6.55” and “£2.40 ” respectively.
(6) In paragraph 5(2)(a) of Part II of Schedule 1(48) (payments in respect of fuel charges) for “£9.40” substitute “£9.65 ”.
(7) The sums specified in Part I of Schedule 2(49) (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
(8) In paragraph 3 of Part II of Schedule 2(50) (applicable amounts: family premium)—
(a)in sub-paragraph (a) “£22.20” remains unchanged; and
(b)in sub-paragraph (b) for “£14.75” substitute “£15.75 ”.
(9) The sums specified in Part IV of Schedule 2(51) (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
(10) In paragraph 20(b) of Schedule 4(52) (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65”.
21.—(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 8 and 9 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—
(a)regulations 8(b) and 9(c); and
(b)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)(53) (patients)—
(a)in sub-paragraphs (a), (b) and (d)(ii) for “£18.90” substitute “ £19.35” in each case;
(b)in sub-paragraphs (c)(i) and (d)(i) for “£15.10” substitute “ £15.50” in each case; and
(c)in sub-paragraph (c)(ii) for “£37.80” substitute “£38.70 ”.
(4) In regulation 52(54) (non-dependant deductions)—
(a)in paragraph (1)(a) “£6.95” remains unchanged;
(b)in paragraph (1)(b) “£2.30” remains unchanged;
(c)in paragraph (2)(a) for “£131.00” substitute “£137.00 ”;
(d)in paragraph (2)(b)—
(i)for “£131.00” substitute “£137.00”;
(ii)for “£225.00” substitute “£235.00”;
(iii)“£4.60” remains unchanged; and
(e)in paragraph (2)(c)—
(i)for “£225.00” substitute “£235.00”;
(ii)for “£281.00” substitute “£293.00”;
(iii)“£5.80” remains unchanged.
(5) The sums specified in Part I of Schedule 1 (55)(applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
(6) In paragraph 3 of Part II of Schedule 1(56) (applicable amounts: family premium)—
(a)in sub-paragraph (a) “£22.20” remains unchanged; and
(b)in sub-paragraph (b) for “£14.75” substitute “£15.75 ”.
(7) The sums specified in Part IV of Schedule 1(57) (applicable amounts: premiums) shall be as set out in Schedule 9 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 “£131.00” substitute “£137.00 ”;
(b)in sub-paragraph (2)(b)(ii) for “£131.00” and “£170.00 ” substitute “£137.00” and “£177.00” respectively.
(9) In paragraph 20(b) of Schedule 4(58) (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65”.
22. In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance)—
(a)in sub-paragraph (a) for “£32.50” substitute “£32.90 ”;
(b)in sub-paragraph (b) for “£42.70” substitute “£43.25 ”; and
(c)in sub-paragraph (c) for “£53.95” substitute “£54.65 ”.
23.—(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 10 to 15 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—
(a)regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (c)(ii) and (d)(i); and
(b)paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,
the sum specified is in each case £3,000.
(3) The sums specified in Part I of Schedule 1(59) (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.
(4) In paragraph 4 of Part II of Schedule 1(60) (applicable amounts: family premium)—
(a)in sub-paragraph (1)(a) “£15.90” remains unchanged; and
(b)in sub-paragraph (1)(b) for “£14.75” substitute “£15.75 ”.
(5) The sums specified in Part IV of Schedule 1(61) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 11 to this Order.
(6) The sums specified in Part IVB of Schedule 1(62) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 12 to this Order.
(7) In paragraph 17 of Schedule 2(63) (housing costs: non-dependant deductions)—
(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;
(b)in sub-paragraph (1)(b) “£7.40” remains unchanged;
(c)in sub-paragraph (2)(a) for “£88.00” substitute “£92.00 ”;
(d)in sub-paragraph (2)(b)—
(i)for “£88.00” substitute “£92.00”;
(ii)for “£131.00” substitute “£137.00”;
(iii)“£17.00” remains unchanged;
(e)in sub-paragraph (2)(c)—
(i)for “£131.00” substitute “£137.00”;
(ii)for “£170.00” substitute “£177.00”;
(iii)“£23.35” remains unchanged;
(f)in sub-paragraph (2)(d)—
(i)for “£170.00” substitute “£177.00”;
(ii)for “£225.00” substitute “£235.00”;
(iii)“£38.20” remains unchanged; and
(g)in sub-paragraph (2)(e)—
(i)“£225.00” substitute “£235.00”;
(ii)for “£281.00” substitute “£293.00”;
(iii)“£43.50” remains unchanged.
(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5(64) (applicable amounts in special cases)—
(a)which are amended by this Order shall be as set out in Part I of Schedule 13 to this Order;
(b)which are not increased by this Order are the sums set out in Part II of that Schedule.
(9) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A(65) (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 14 to this Order.
(10) In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65 ”.
(11) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.
24. In regulation 172 of the Jobseeker’s Allowance Regulations(66) (trade disputes: prescribed sum) for “£29.00” substitute “£29.50 ”.
25.—(1) The prescribed amounts as specified in the State Pension Credit Regulations(67) shall be the amounts set out in the following provisions of this article and Schedule 16 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 State Pension Credit Regulations bearing that number.
(2) In regulation 6 (amount of the guarantee credit)—
(a)in paragraph (1)(a) “£155.80” remains unchanged;
(b)in paragraph (1)(b) “£102.10” remains unchanged;
(c)in paragraph (5)(a) “£42.95” remains unchanged;
(d)in paragraph (5)(b) “£85.90” remains unchanged; and
(e)in paragraph (8) “£25.10” remains unchanged.
(3) In regulation 7 (savings credit)—
(a)in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and
(b)in paragraph (2) “£77.45” and “£123.80” remain unchanged.
(4) In paragraph 14 of Schedule II (persons residing with the claimant)—
(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;
(b)in sub-paragraph (1)(b) and (c) “£7.40” remains unchanged;
(c)in sub-paragraph (2)(a) “£88.00” remains unchanged;
(d)in sub-paragraph (2)(b) “£88.00”, “£131.00” and “ £17.00” remain unchanged;
(e)in sub-paragraph (2)(c) “£131.00”, “£170.00” and “ £23.35” remain unchanged;
(f)in sub-paragraph (2)(d) “£170.00”, “£225.00” and “ £38.20” remain unchanged; and
(g)in sub-paragraph (2)(e) “£225.00”, “£281.00” and “ £43.50” remain unchanged.
(5) In paragraph 1 of Schedule III (polygamous marriages)—
(a)in sub-paragraph (5), which substitutes regulation 6(1), “£155.80 ” and “£53.70” remain unchanged; and
(b)in sub-paragraph (7), which substitutes regulation 7(2), “£123.80 ” remains unchanged.
(6) The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 16 to this Order are the amounts set out in column (2) of that Schedule.
26. The Social Security Benefits Up-rating Order 2002(68) is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
5th March 2003
We consent,
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2003
Article 3(1)
Description of benefit | Weekly rate | |
---|---|---|
2. Short-term incapacity benefit(69). | (a)lower rate | £54.40 |
(a)higher rate | £64.35 | |
2A. Long-term incapacity benefit. | £72.15 | |
5. Category B retirement pension where section 48A(3) applies. | £46.35 | |
6. Child’s special allowance. | £11.35 |
Bereavement payment(70). | £2,000.00 |
Description of benefit | Weekly rate | |
---|---|---|
1. Attendance allowance. | (a)higher rate | £57.20 |
(b)lower rate | £38.30 | |
(the appropriate rate being determined in accordance with section 65(3)). | ||
2. Severe disablement allowance. | £43.60 | |
3. Age related addition. | (a)higher rate | £15.15 |
(b)middle rate | £9.70 | |
(c)lower rate | £4.85 | |
(the appropriate rate being determined in accordance with section 69(1)). | ||
4. Carer’s allowance(71). | £43.15 | |
5. Guardian’s allowance. | £11.55 | |
6. Category C retirement pension. | (a)lower rate | £27.70 |
(b)higher rate | £46.35 | |
(the appropriate rate being determined in accordance with section 78(5)). | ||
7. Category D retirement pension. | The higher rate for Category C retirement pensions under paragraph 6 above. | |
8. Age addition (to a pension of any category, and otherwise under section 79). | £0.25 |
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 | 11.35 | 33.65 |
(b)where the beneficiary is over pensionable age | 11.35 | 41.50 |
2. Long-term incapacity benefit | 11.35 | 43.15 |
3. Maternity allowance | — | 33.65 |
4. Widowed mother’s allowance | 11.35 | — |
4A. Widowed parent’s allowance | 11.35 | — |
5. Category A or B retirement pension | 11.35 | 46.35 |
6. Category C retirement pension | 11.35 | 27.70 |
7. Child’s special allowance | 11.35 | — |
8. Severe disablement allowance | 11.35 | 25.90 |
9. Carer’s allowance | 11.35 | 25.80 |
Description of benefit, etc. | Rate | ||
---|---|---|---|
1. Disablement pension (weekly rates). | For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table, using— (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 Disablement | Amount | ||
(1) | (2) | (3) | |
Per cent. | £ | £ | |
100 | 116.80 | 71.55 | |
90 | 105.12 | 64.40 | |
80 | 93.44 | 57.24 | |
70 | 81.76 | 50.09 | |
60 | 70.08 | 42.93 | |
50 | 58.40 | 35.78 | |
40 | 46.72 | 28.62 | |
30 | 35.04 | 21.47 | |
20 | 23.36 | 14.31 | |
2. Maximum increase of weekly rate of disablement pension where constant attendance needed. | (a)except in cases of exceptionally severe disablement | £46.80 | |
(b)in any case | £93.60 | ||
3. Increase of weekly rate of disablement pension (exceptionally severe disablement). | £46.80 | ||
4. Maximum of aggregate of weekly benefit payable for successive accidents. | (a)for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a child or adult dependant | £116.80 | |
(b)for any period during which the beneficiary is not over the age of 18 and not so entitled | £71.55 | ||
5. Unemployability supplement under paragraph 2 of Schedule 7. | £72.15 | ||
6. Increase under paragraph 3 of Schedule 7 of weekly rate of unemployability supplement. | (a)if on the qualifying date the beneficiary was under the age of 35 or if that date fell before 5th July 1948 | £15.15 | |
(b)if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979 | £15.15 | ||
(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 | £9.70 | ||
(d)if heads (a), (b) and (c) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979 | £9.70 | ||
(e)in any other case | £4.85 | ||
7. Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension. | £11.35 | ||
8. Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension. | £43.15 | ||
9. Maximum disablement gratuity under paragraph 9 of Schedule 7. | £7,760.00 | ||
10. Widow’s pension (weekly rates). | (a)initial rate(72) | £57.65 | |
(b)higher permanent rate | £77.45 | ||
(c)lower permanent rate 30 per cent. of the first sum specified in section 44(4) (Category A basic retirement pension) (the appropriate rate being determined in accordance with paragraph 16 of Schedule 7). | |||
11. Widower’s pension (weekly rate). | £77.45 | ||
12. Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7. | In respect of each qualifying child | £11.35 |
Article 17(3)
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 Couple | Amount |
(1) Single claimant aged— (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; (b)less than 18 who falls within any of the circumstances specified in paragraph 1A; (c)less than 18 who satisfies the condition in paragraph 11(a); (d)not less than 18 but less than 25; (e)not less than 25. | (1) (a) £32.90; (b)£43.25; (c)£43.25; (d)£43.25; (e)£54.65. |
(2) Lone parent aged— (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; (b)less than 18 who falls within any of the circumstances specified in paragraph 1A; (c)less than 18 who satisfies the condition in paragraph 11(a); (d)not less than 18. |
|
(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 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); | (a)65.30; |
(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; | (a)£43.35; |
(c)where both members are aged less than 18 and heads (a) and (b) do not apply; | (a)£32.90; |
(d)where both members are aged not less than 18; | (a)£85.75; |
(e)where one member is aged not less than 18 and the other member is a person under 18 who— (i)qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple; 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); | (a)£85.75; |
(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who— (i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; 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); | (a)£43.25; |
(g)where the claimant is aged not less than 25 and his partner is a person under 18 who— (i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; 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). | (a)£54.65. |
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 17(1)(b) and 18(1)(c).
(1) | (2) |
---|---|
Child or Young Persons | Amount |
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)£38.50; |
(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)£38.50. |
2A.—(1) 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, subject to sub-paragraph (6), be—
(a)except in a case to which head (b) applies, £65.50; and
(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £72.85.
Article 17(5)
(1) | (2) |
---|---|
Premium | Amount |
15. — (1A) Bereavement Premium. | (1A) £22.80. |
(2) Pensioner premium for persons aged under 75— (a)where the claimant satisfies the condition in paragraph 9(a); (b)where the claimant satisfies the condition in paragraph 9(b). | (2) (a) £47.45; (b)£70.05. |
(2A) Pensioner premium for persons aged 75 and over— (a)where the claimant satisfies the condition in paragraph 9A(a); (b)where the claimant satisfies the condition in paragraph 9A(b). | (2A) (a) £47.45; (b)£70.05. |
(3) Higher Pensioner Premium— (a)where the claimant satisfies the condition in paragraph10(1)(a) or (b); or (b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b). | (3) (a) £47.45; (b)£70.05. |
(4) Disability Premium— (a)where the claimant satisfies the condition in paragraph 11(a); (b)where the claimant satisfies the condition in paragraph 11(b). | (4) (a) £23.30; (b)£33.25. |
(5) Severe Disability Premium— (a)where the claimant satisfies the condition in paragraph 13(2)(a); (b)where the claimant satisfies the condition in paragraph 13(2)(b)— (i)if there is someone in receipt of a carer’s allowance(73) or if he or any partner satisfies that condition only by virtue of paragraph 13(3A); (ii)if no-one is in receipt of such an allowance. | (5) (a) £42.95; (b)(i)£42.95. (ii)£85.90. |
(6) Disabled Child Premium. | (6) £41.30 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied. |
(7) Carer Premium. | (7) £25.10 in respect of each person who satisfied the condition specified in paragraph 14ZA. |
(8) Enhanced disability premium where the conditions in paragraph 13A are satisfied. | (8) (a) £16.60 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied; (b)£11.40 in respect of each person who is neither— (i)a child or young person; nor (ii)a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied; (c)£16.45 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage. |
Article 17(7)
(1) | (2) |
---|---|
Patients1. 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; (b)a lone parent; (c)a member of a couple— (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; (ii)where both members of the couple have been a patient for that period; (d)a member of a polygamous marriage— (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; (ii)where all the members of the polygamous marriage have been patients for more than that period. | 1.—(a) £19.35 plus any amount applicable under regulation 17(1)(e), (f) or (g); (b)£19.35 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)(i)the amount applicable in respect of both of them under regulation 17(1) reduced by £15.50; (ii)£38.70 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2; (d)(i)the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £15.50 in respect of each such member who is a patient; (ii)the applicable amount shall be £19.35 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h) or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2. |
2. A single claimant who has been a patient for a continuous period of more than 52 weeks, where— | |
(a)the following conditions are satisfied— (i)a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987(74) (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 | (a)Such amount (if any) not exceeding £15.50 as is reasonable having regard to the views of the hospital staff and the patient’s relatives if available as to the amount necessary for his personal use; |
(b)those conditions are not satisfied. | (b)£15.50. |
2A. A single claimant who is detained under the provisions of the Mental Health Act 1983(75) or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984(76) or the Criminal Procedure (Scotland) Act 1995(77) and who immediately before his detention under any of those Acts was a prisoner. | 2A. £15.50. |
3. 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 (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. | (a)The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.50 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or (b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.50 instead of an amount determined in accordance with paragraph 2 of Schedule 2. |
Single claimants temporarily in local authority accommodation10A. A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (c)(78) of the definition of residential accommodation in regulation 21(3) (special cases). | 10A. £77.45 of which £17.50 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g). |
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation10B. — (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 (c)(79) 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) or 21 and in respect of the other member £77.45 of which £17.50 is for personal expenses. |
(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1). | (2) The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home £77.45 of which £17.50 is for personal expenses. |
(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1). | (3) For each member of that couple or marriage £77.45 of which £17.50 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f) or (h). |
Lone parents who are in residential accommodation temporarily10C. A claimant who is a lone parent who has entered residential accommodation temporarily. | 10C. £77.45 of which £17.50 is for personal expenses, plus— (a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and (b)any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g). |
Persons in residential accommodation13. — (1) Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is— (a)a single claimant; (b)a lone parent; (c)one of a couple; (d)a child or young person; (e)a member of a polygamous marriage. (2) A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority. | 13. — (1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus— (a)£77.45 of which £17.50 is for personal expenses; (b)the amount specified in sub-paragraph (a) of this column; (c)twice the amount specified in sub-paragraph (a) of this column; (d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts); (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) Any amount applicable under regulation 17(1)(f) or (g), plus £17.50. |
Polish Resettlement13A. — (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— (a)is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or (b)is first provided with such accommodation and care on or after 1st April 1995; or (c)is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary. | 13A. — (1) The aggregate of— (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)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. |
(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, £390.00; (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, £390.00; (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, £390.00; 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— (a)for the claimant, £17.50; (b)for his partner, £17.50; (d)for a young person aged under 18 but over 16, £10.90; (e)for a child aged under 16 but over 11, £9.40; (f)for a child aged under 11, £6.45. (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 £17.50. (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. |
Paragraph in Schedule 7 | Specified Sum |
---|---|
7. Members of religious orders | Nil |
8. Prisoners | Nil |
13A. Polish Resettlement | (3) (c) for a young person aged 18, £15.55. |
13B. Polish Resettlement: persons temporarily absent from accommodation | 80 per cent. |
17. Person from abroad | Nil |
Article 17(8)
(1) | (2) |
---|---|
Provision in Income Support Regulations | Specified Sum |
Regulation 22A(1)(80) | Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount. |
Regulation 71(1)(a)(i)(81) | 90 per cent. of the amount applicable or, as the case may be, of the reduced amount. |
Regulation 71(1)(c)(i) | 98 per cent. of the applicable amount for persons in residential accommodation. |
Regulation 71(1)(d) | 90 per cent. of the applicable amount. |
Schedule 3(82), paragraph 5(3) | The relevant fraction of the applicable amount is the amount calculated by the formula— |
Schedule 3, paragraph 6(1)(b)(83) | 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)(84) | 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)(85) | The qualifying portion of a loan shall be determined by the formula— |
Schedule 3, paragraph 12(1)(a)(86) | 5.34 per cent. |
Schedule 3, paragraph 12(2) and (3) | 5 per cent. |
Article 20(7)
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 Couple | Amount |
(1) Single claimant aged— (b)less than 25; (c)not less than 25. | (1) (b) £43.25; (c)£54.65. |
(2) Lone parent aged— (a)less than 18; (b)not less than 18. | (2) (a) £43.25; (b)£54.65. |
(3) Couple— (a)where both members are aged less than 18; (b)where at least one member is aged not less than 18. | (3) (a) £65.30; (b)£85.75. |
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 16(b) and 17(c)—
(1) | (2) |
---|---|
Child or Young Person | Amount |
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; (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. | (a) £38.50; (b) £38.50. |
Article 20(9)
Premium | Amount |
---|---|
15.—(1A) Bereavement Premium. | (1A) £22.80. |
(2) Pensioner Premium for persons aged under 75— (a)where the claimant satisfies the condition in paragraph 9(a); (b)where the claimant satisfies the condition in paragraph 9(b). | 2.—(a) £47.45; (b)£70.05. |
(2A) Pensioner Premium for persons aged 75 and over— (a)where the claimant satisfies the condition in paragraph 9A(a); (b)where the claimant satisfies the condition in paragraph 9A(b). | 2A.—(a) £47.45; (b)£70.05. |
(3) Higher Pensioner Premium— (a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b); (b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b). | 3.—(a) £47.45; (b)£70.05. |
(4) Disability Premium— (a)where the claimant satisfies the condition in paragraph 11(a); (b)where the claimant satisfies the condition in paragraph 11(b). | 4.—(a) £23.30; (b)£33.25. |
(5) Severe Disability Premium— (a)where the claimant satisfies the condition in paragraph 13(2)(a); (b)where the claimant satisfies the condition in paragraph 13(2)(b)— (i)in a case where there is someone in receipt of a carer’s allowance(87) or if he or any partner satisfies that condition only by virtue of paragraph 13(3A); (ii)in a case where there is no-one in receipt of such an allowance. | 5.—(a) £42.95; (b)(i)£42.95; (ii)£85.90. |
(6) Disabled Child Premium. | 6. £41.30 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied. |
(7) Carer Premium(88). | 7. £25.10 in respect of each person who satisfies the condition specified in paragraph 14ZA. |
(9) Enhanced disability premium where the conditions in paragraph 13A are satisfied. | (9) (a) £16.60 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied; (b)£11.40 in respect of each person who is neither— (i)a child or young person; nor (ii)a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied; (c)£16.45 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage. |
Article 21(5)
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 Couple | Amount |
(1) Single claimant aged— (a)not less than 18 but less than 25; (b)not less than 25. | (1) (a) £43.25 (b)£54.65 |
(2) Lone parent. | (2) £54.65 |
(3) Couple. | (3) £85.75 |
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 Person | Amount |
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; (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. | (a) £38.50 (b) £38.50 |
Article 21(7)
Premium | Amount |
---|---|
19.—(1A) Bereavement Premium. | (1A)£22.80. |
(2) Pensioner Premium for persons under 75— (a)where the claimant satisfies the condition in paragraph 9(a); (b)where the claimant satisfies the condition in paragraph 9(b). | (2) (a) £47.45 (b)£70.05 |
(3) Pensioner Premium for persons 75 or over— (a)where the claimant satisfies the condition in paragraph 10(a); (b)where the claimant satisfies the condition in paragraph 10(b). | (3) (a) £47.45 (b)£70.05 |
(4) Higher Pensioner Premium— (a)where the claimant satisfies the condition in paragraph 11(1)(a) or (b); (b)where the claimant satisfies the condition in paragraph 11(2)(a) or (b). | (4) (a) £47.45 (b)£70.05 |
(5) Disability Premium— (a)where the claimant satisfies the condition in paragraph 12(a); (b)where the claimant satisfies the condition in paragraph 12(b). | (5) (a) £23.30 (b)£33.25 |
(6) Severe Disability Premium— (a)where the claimant satisfies the condition in paragraph 14(2)(a); (b)where the claimant satisfies the condition in paragraph 14(2)(b)— (i)in a case where there is someone in receipt of a carer’s allowance(89) or if he or any partner satisfies that condition only by virtue of paragraph 14(3A); (ii)in a case where there is no-one in receipt of such an allowance. | (6) (a) £42.95 (b)(i)£42.95 (ii)£85.90 |
(7) Disabled Child Premium. | (7) £41.30 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied. |
(8) Carer Premium. | (8) £25.10 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) £16.60 in respect of each child or young person in respect of whom the conditions specified in paragraph 14A are satisfied; (b)£11.40 in respect of each person who is neither— (i)a child or young person; nor (ii)a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 14A are satisfied; (c)£16.45 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 23(3)
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 Couple | Amount |
(1) Single claimant aged— (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; (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; (c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3; (d)not less than 18 but less than 25; (e)not less than 25. | 1.—(a) £32.90 (b)£43.25 (c)£43.25 (d)£43.25 (e)£54.65 |
(2) Lone parent aged— (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; (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; (c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3; (d)not less than 18. | 2.—(a) £32.90 (b)£43.25 (c)£43.25 (d)£54.65 |
(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 and his partner satisfies the 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 is a 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; (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; (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; (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); (e)where both members are aged not less than 18; (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; (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; (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. | 3.—(a) £65.30 (b)£43.25 (c)£32.90 (d)£43.25 (e)£85.75 (f)£85.75 (g)£43.25 (h)£54.65 |
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 Person | Amount |
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; (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. | (a) £38.50 (b) £38.50 |
3.—(1) The weekly amount for the purposes of regulations 83(c), 84(l)(d), 86A(b) and 86B(c) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall, subject to sub-paragraph (7), be—
(a)except in a case to which head (b) applies, £65.50; and
(b)where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £72.85.
Article 23(5)
Premium | Amount |
---|---|
20. — (1A) Bereavement Premium. | (1A) £22.80. |
(2) Pensioner premium for persons aged over 60— (a)where the claimant satisfies the condition in paragraph 10(a); (b)where the claimant satisfies the condition in paragraph 10(b); (c)where the claimant satisfies the condition in paragraph 10(c). | (2) (a) £47.45. (b)£70.05. (c)£70.05. |
(3) Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11. | (3) £70.05. |
(4) Higher Pensioner Premium— (a)where the claimant satisfies the condition in paragraph 12(1)(a); (b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c). | (4) (a) £47.45. (b)£70.05. |
(5) Disability Premium— (a)where the claimant satisfies the condition in paragraph 13(a); (b)where the claimant satisfies the condition in paragraph 13(b) or (c). | (5) (a) £23.30. (b)£33.25. |
(6) Severe Disability Premium— (a)where the claimant satisfies the condition in paragraph 15(1); (b)where the claimant satisfies the condition in paragraph 15(2)— (i)if there is someone in receipt of a carer’s allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5); (ii)if no-one is in receipt of such an allowance. | (6) (a) £42.95. (b)(i)£42.95. (ii)£85.90. |
(7) Disabled Child Premium. | (7) £41.30 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied. |
(8) Carer Premium. | (8) £25.10 in respect of each person who satisfies the condition specified in paragraph 17. |
(9) Enhanced disability premium where the conditions in paragraph 15A are satisfied. | (9) (a) £16.60 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied; (b)£11.40 in respect of each person who is neither— (i)a child or young person; nor (ii)a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 15A are satisfied; (c)£16.45 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage. |
Article 23(6)
Premium | Amount |
---|---|
20M. — (1) Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied. | (1) £70.05. |
(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F. | (2) £70.05. |
(3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G. | (3) £33.25. |
(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)— (i)if there is someone in receipt of a carer’s allowance or if either member satisfies that condition only by virtue of paragraph 20I(4);(91) (ii)if no-one is in receipt of such an allowance. | (4) (i) £42.95. (ii)£85.90. |
(5) Carer Premium. | (5) £25.10 in respect of each person who satisfied the condition specified in paragraph 20J. |
(6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied. | (6) £16.45 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple. |
Article 23(8)
Column (1) | Column (2) |
---|---|
Person other than claimant who is a patient1. Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than 6 weeks and who is— (a)a member of a couple and the other member is the claimant, or (b)a member of a polygamous marriage and the claimant is a member of the marriage but not a patient. | 1.—(a) the applicable amount for a couple under regulation 83 reduced by £15.50; (b)the applicable amount under regulation 84 (polygamous marriages) reduced by £15.50 in respect of each member who is a patient. |
2.—(a) A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or (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. | 2.—(a) the amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.50 instead of an amount determined in accordance with paragraph 2 of Schedule 1; or (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 £15.50 instead of an amount determined in accordance with paragraph 2 of Schedule 1. |
Single claimants temporarily in local authority accommodation7. 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. £77.45 of which £17.50 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 accommodation8. — (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 or 85 and in respect of the other member £77.45 of which £17.50 is for personal expenses. |
(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1). | (2) The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 84 and in respect of each member not in the home £77.45 of which £17.50 is for personal expenses. |
(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1). | (3) For each member of that couple or marriage £77.45 of which £17.50 is for personal expenses plus, if appropriate, the amount applicable under regulation 83(f), 84(1)(g) and 87(2) and (3). |
Lone parents who are in residential accommodation temporarily9. A claimant who is a lone parent who has entered residential accommodation temporarily. | 9. £77.45 of which £17.50 is for personal expenses, plus— (a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 1 or under this Schedule as appropriate; and (b)any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 83(d) or (f) or under regulation 87(2) or (3). |
Persons in residential accommodation15. — (1) Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is— (a)a single claimant; (b)a lone parent; (c)one of a couple; (d)a child or young person; (e)a member of a polygamous marriage. | 15. — (1) Any amount applicable under regulation 87(2) and (3), plus— (a)£77.45 of which £17.50 is for personal expenses; (b)the amount specified in sub-paragraph (a) of this column; (c)twice the amount specified in sub-paragraph (a) of this column; (d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 1 (applicable amounts); (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 £17.50. |
Paragraph in Schedule 5 | Specified Sum |
---|---|
4. Members of religious orders | Nil |
14. Person from abroad | Nil |
Article 23(9)
Column (1) | Column (2) |
---|---|
Patients1. Subject to paragraphs 9 and 11, a joint-claim couple where one member— (a)has been a patient for more than six weeks; (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. | 1.—(a) The applicable amount under regulation 86A reduced by £15.50; (b)The applicable amount under regulation 86B (polygamous marriages) reduced by £15.50 in respect of each member of the polygamous marriage who is a patient. |
Joint-Claim Couple Without Accommodation2. 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 Orders3. 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 Couples4. A joint-claim couple who are temporarily separated where— (a)one member is— (i)not a patient but is resident in a nursing home; (ii)resident in a residential care home; (iii)resident in premises used for the 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(93); (v)participating in arrangements for training made under section 2 of the Employment and Training Act 1973(94), or section 2 of the Enterprise and New Towns (Scotland) Act 1990(95) 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— (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. | 4. Either— (a)the amount applicable to the joint-claim couple under regulation 86A; or (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. |
Polygamous Marriages where one or more members of the marriage are temporarily separated5. 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— (a)not a patient but is resident in a nursing home; (b)resident in a residential care home; (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. | 5. Either— (a)the amount applicable to the joint-claim couple under regulation 86B; or (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. |
Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation6. — (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). (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). (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). | 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 £77.45 of which £17.50 is for personal expenses. (2) The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 86B, and in respect of each member not in the home, £77.45 of which £17.50 is for personal expenses. (3) For each member of that couple or marriage £77.45 of which £17.50 is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e). |
Joint-claim couples where one member is absent from the United Kingdom7. A joint-claim couple where one member is temporarily absent from the United Kingdom— (a)in the circumstances prescribed in regulation 50(6B); (b)in any other circumstances. | 7.—(a) The amount applicable to them as a couple under regulation 86A for the relevant period prescribed in regulation 50(6B). (b)For the first four weeks of that absence, the amount applicable to them as a couple under regulation 86A, as the case may be, and thereafter the amount applicable to the claimant in Great Britain under regulation 83, as the case may be, as if that claimant were a single claimant. |
Polygamous marriages where any member of the marriage is abroad8. A joint-claim couple where one member is a member of a polygamous marriage and— (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. | 8. For the first four weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to 86C, 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 86C, 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. |
Members of joint-claim couples in residential accommodation9. — (1) Subject to sub-paragraph (2), a joint-claim couple where one member is in or only temporarily absent from residential accommodation. (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. | 9. — (1) £77.45 of which £17.50 is for personal expenses. (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. |
Article 23(11)
Provision in Jobseeker’s Allowance Regulations | Specified Sum |
---|---|
Regulation 145(1)(96) | 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)(97) | 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 applicable amount or, as the case may be, of the reduced applicable 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)(98) | 90 per cent. of the applicable amount or, as the case may be, of the reduced applicable 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)(99) | 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)(100) | 5 per cent. |
Article 25(6)
Provision in State Pension Credit Regulations | Specified Amount |
---|---|
Regulation 6(3)(a) (guarantee credit for prisoners and members of religious orders who are fully maintained by their order) | Nil. |
Regulation 6(3)(b) (prescribed additional amount for prisoners and members of religious orders who are fully maintained by their order) | Nil. |
Regulation 7(3) (maximum savings credit for prisoners and members of religious orders who are fully maintained by their order) | Nil. |
Schedule II, paragraph 6(3) | The relevant fraction of the applicable amount is the amount calculated by the formula— |
Schedule II, paragraph 7(1) | The weekly amount of housing costs is the amount calculated by the formula— |
Schedule II, paragraph 8(2) | £100,000. |
Schedule II, paragraph 8(4)(a) | The alternative appropriate amount shall be calculated using the formula—P × Q |
Schedule II, paragraph 8(8) | The qualifying portion of a loan shall be determined by the formula— |
Schedule II, paragraph 9(2) and (3) | 5 per cent. |
(This note is not part of the Regulations)
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 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 (excepting those referred to in article 3(2)) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits 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 specifies the weekly rate of statutory maternity pay.
Article 11 specifies the weekly rates of statutory paternity pay and statutory adoption pay.
Article 12 increases the rate of graduated retirement benefit.
Article 13 increases the rates of disability living allowance.
Article 14 increases the weekly rates of child benefit.
Article 15 increases the weekly rates of age addition to long-term incapacity benefit.
Article 16 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 17 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 17(3) and Schedule 2 set out the personal allowances; article 17(4) and (5) and Schedule 3 set out the premiums; article 17(7) and Schedule 4 set out the amounts relevant to special cases; and article 17(8) and Schedule 5 set out other miscellaneous amounts as in force on 5th February 2003.
Article 18 provides for the percentage increase of sums payable by way of special transitional additions to income support.
Article 19 states the sum by which any income support of a person involved in a trade dispute is reduced.
Article 20 states the amount of the sums relevant for the purposes of housing benefit. Article 20(6) and Schedule 6 set out the personal allowances and article 20(8) and (9) and Schedule 7 set out the premiums.
Article 21 states the amount of the sums relevant for the purposes of council tax benefit. Article 21(5) and Schedule 8 set out the personal allowances and article 21(6) and (7) and Schedule 9 set out the premiums.
Part IV of the Order relates to jobseeker’s allowance.
Article 22 increases the age-related amounts for contribution-based jobseeker’s allowance.
Article 23 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 23(3) and Schedule 10 set out the personal allowances; article 23(4) and (5) and Schedule 11 set out the premiums; article 23(6) and Schedule 12 set out the premiums for joint-claim couples; article 23(8) and Schedule 13 set out the amounts relevant to special cases; article 23(9) and Schedule 14 set out the amounts relevant to joint-claim special cases and article 23(10) and Schedule 15 set out other miscellaneous amounts.
Article 24 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 state pension credit.
Article 25 and Schedule 16 specify the amounts relevant to state pension credit.
Part VI of the Order relates to revocations.
Article 26 revokes the Social Security Benefits Up-rating Order 2002 (S.I. 2002/668).
In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm 5746) giving his opinion on the likely effect on the National Insurance Fund of the making of this Order was laid before Parliament with the draft Order.
This Order imposes no new costs on business.
1992 c. 5. Section 150 was amended by paragraph 28 of Schedule 8 to the Pension Schemes Act 1993 (c. 48) (“the 1993 Act”), sections 2(3) and 9(4) of the Social Security (Incapacity for Work) Act 1994 (c. 18) (“the 1994 Act”), paragraph 64 of Schedule 2 to the Jobseekers Act 1995 (c. 18) (“the 1995 Act”), section 131(2) of the Pensions Act 1995 (c. 26), paragraph 24 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”), paragraph 16 of Schedule 2 to the State Pension Credit Act 2002 (c. 16) and paragraph 14 of Schedule 7 to the Employment Act 2002 (c. 22). See also section 4(8) of the 1994 Act and regulation 18(3) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310).
See section 189(8) of the Social Security Administration Act 1992 (c. 5) (“the Administration Act”).
S.I. 1996/2745; the relevant amending instrument is S.I. 2002/842.
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, 2000/2239 and 2629, 2001/3767 and 2002/499, 1589, 2019, 2207, 2402 and 2497.
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, 2000/207, 2239 and 2629, 2001/3767 and 2002/499, 1589, 2019, 2207, 2402 and 2497.
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, 1998/766, 1999/2422, 2555 and 3109, 2000/440, 2239 and 2629, 2001/3721 and 3767 and 2002/1411, 1589, 2019, 2207, 2402 and 2497.
S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1517, 1803, 2518, 2538 and 2545, 1998/766, 1999/2555, 2000/1978, 2239 and 2629, 2001/3767 and 2002/1411, 1589, 2019, 2207 and 2402.
S.I. 2002/1792. These Regulations come into force on 6th October 2003. Amending instruments are S.I. 2002/3019 and 3197.
Section 44(4) was substituted by section 68 of the Social Security Act 1998 (c. 14).
See section 151(1) of the Administration Act.
Schedule 5 was amended by paragraph 42 of Schedule 8 to the 1993 Act, paragraph 40 of Schedule 1 to the 1994 Act and paragraphs 6 and 21 of Schedule 4, and Schedule 7, to the Pensions Act 1995.
1975 c. 14; section 126A was inserted by section 12 of the Social Security Act 1979 (c. 18) and repealed by section 86 of, and Schedule 11 to, the Social Security Act 1986 (c. 50).
Section 63 was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c. 6).
Section 55A was inserted by paragraph 3 of Schedule 6 to the 1999 Act.
Section 55C was inserted by paragraph 3 of Schedule 6 to the 1999 Act.
See section 151(2) of the Administration Act.
See section 151(4) of the Administration Act. Under section 151(4), where an increment under section 15(1) of the 1993 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 1993 Act was amended by section 55 of the Pensions Act 1995.
Section 30B was inserted by section 2(1) of the 1994 Act and subsection (3) was amended by paragraph 21(3) of Schedule 4 to the Pensions Act 1995.
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 (c. 4) (“the Contributions and Benefits Act”)).
Article 2 of the Regulatory Reform (Carer’s Allowance) Order 2002 (S.I. 2002/1457) provides that invalid care allowance is to be known as carer’s allowance from 1st April 2003.
Section 47(1) was amended by paragraph 13 of Schedule 1 to the 1994 Act; 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 1999 Act.
Section 73(1) was amended by paragraph 49(2) of Schedule 2 to the 1995 Act.
See sections 82(3)(a), 83(2)(b) and 84(2)(b) of the Contributions and Benefits Act, 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, 1988/554, 1989/523 and 1642, 1992/3041, 1994/2945 and 1996/1345 and 2745.
S.I. 1986/1960; relevant amending instrument is S.I. 2002/2690.
The rate stated is the rate applicable where the paternity pay period begins before 6th April 2003.
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.
Relevant amending instrument is S.I. 1989/1642.
S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939 and 2002/668.
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 2002/668.
S.I. 1994/2946; relevant amending instrument is S.I. 2002/668.
S.I. 1995/310; relevant amending instrument is S.I. 2002/668.
Relevant amending instrument is S.I. 1996/206.
Relevant amending instruments are S.I. 1996/1803, 1998/766, 1999/2555 and 2000/1993.
Relevant amending instruments are S.I. 1996/1803, 2000/2239 and 2002/668.
Schedule 3 was substituted by S.I. 1995/1613; relevant amending instruments are S.I. 1995/2927, 1996/2518 and 1999/3178.
Relevant amending instruments are S.I. 1994/527 and 1995/516.
See section 151(b) of the Administration Act.
S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 1991/1600.
See section 126(8) of the Contributions and Benefits Act.
Relevant amending instruments are S.I. 1996/1803 and 2432.
Relevant amending instruments are S.I. 1990/546, 1992/50 and 1996/2518.
Paragraph 1A was inserted by S.I. 1988/1444 and amended by S.I. 1989/416 and 1997/65.
Relevant amending instrument is S.I. 1988/1444.
Relevant amending instruments are S.I. 1996/2545 and 1999/2555.
Relevant amending instruments are S.I. 1996/1803 and 1998/766.
Relevant amending instruments are S.I. 1996/1803 and 2000/2239.
Relevant amending instrument is S.I. 1994/578.
Relevant amending instruments are S.I. 1993/688 and 1996/1803.
Relevant amending instruments are S.I. 1996/2518 and 2002/668.
Relevant amending instrument is S.I. 1999/2555.
Relevant amending instruments are S.I. 1996/1803 and 1998/766.
Relevant amending instruments are S.I. 1996/1803 and 2000/2239.
Relevant amending instruments are S.I. 1994/578 and 1996/599.
Relevant amending instruments are S.I. 1996/1516 and 2545, 1997/2197, 1999/2555, 2000/1978 and 2001/3767.
Relevant amending instruments are S.I. 1996/1803 and 1998/766.
Relevant amending instruments are S.I. 1996/1516 and 1803 and 2000/2239 and 2629.
Part IVB was inserted by S.I. 2000/1978.
Relevant amending instruments are S.I. 1996/2518 and 1999/2860.
Relevant amending instruments are S.I. 1996/1516, 1803 and 2538 and 2001/3767.
Schedule 5A was inserted by S.I. 2000/1978.
See section 15(6) of the 1995 Act.
Certain of the amounts referred to in this article were substituted by S.I. 2002/3197.
Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the 1995 Act. Paragraph 2 was substituted and paragraph 2A was inserted by section 2(2) of the 1994 Act; 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.
Part II was substituted by section 54(2) of the 1999 Act.
Relevant amending instrument is S.I. 2002/1457.
Widow’s pension is payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act). 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.
Relevant amending instrument is S.I. 2002/2497.
Relevant amending instrument is S.I. 2001/3767.
Relevant amending instrument is S.I. 2001/3767.
Regulation 22A was inserted by S.I. 1996/206 and paragraph (1) was amended by S.I. 1999/2422 and 3109.
Relevant amending instruments are S.I. 1988/663, 1992/3147, 1993/2119, 1994/527 and 1996/206.
Schedule 3 was substituted by S.I. 1995/1613.
Relevant amending instrument is S.I. 1995/2927.
Relevant amending instrument is S.I. 2001/3651.
Paragraph 11(11) was inserted by S.I. 1995/2927.
Relevant amending instrument is S.I. 2002/338.
Relevant amending instrument is S.I. 2002/2497.
Sub-paragraph (7) was added by S.I. 1990/1775.
Relevant amending instrument is S.I. 2002/2497.
Part IVB was inserted by S.I. 2000/1978.
Relevant amending instrument is S.I. 2001/518.
Schedule 5A was inserted by S.I. 2000/1978.
1947 c. 19; section 3(1) was amended by section 39(1) of, and Schedule 6 to, the Ministry of Social Security Act 1966 (c. 20) and section 20(1) of, and paragraph 1(1)(a) of Schedule 4 to, the Social Security Act 1980 (c. 30).
1973 c. 50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19), 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).
Relevant amending instrument is S.I. 1996/1516.
Regulation 146G was inserted by S.I. 2000/1978.
Regulation 148A was inserted by S.I. 2000/1978.
Relevant amending instrument is S.I. 2001/3651.
Relevant amending instrument is S.I. 1996/1517.
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