The Social Security Benefits Up-rating Order 2005

PART 1 INTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2005.

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

(a) articles 1, 2, 6, 21, 22 and 27, on 1st April 2005;

(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 2005, 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, 13 and 26, on 11th April 2005;

(d) article 9, on 6th April 2005;

(e) article 10, on 3rd April 2005, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1)(1) of the Contributions and Benefits Act(2), for which purpose it shall come into force on 11th April 2005;

(f) article 11, on 3rd April 2005;

(g) articles 14 and 15, on 14th April 2005;

(h) articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2005, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

(i) articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2005, and in relation to any other case, on 1st April 2005;

(j) articles 23 to 25, 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 11th April 2005, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations.

(3) The increases made—

(a) in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and

(b) by article 23(c) in so far as it is relevant for the purposes referred to in article 6(11),

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

Interpretation

2.  In this Order—

“the Administration Act” means the Social Security Administration Act 1992;

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996(3);

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

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(4);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(5);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(6);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(7);

“the Pension Schemes Act” means the Pension Schemes Act 1993(8);

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002(9); and

“the 2003 Regulations” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003(10).

PART 2 SOCIAL SECURITY BENEFITS AND PENSIONS

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

3.—(1) The sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6 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), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1 to this Order.

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

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

(b) Part III, the sums specified for guardian’s allowance and 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 dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children.

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

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

(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3.1 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(11) (basic pension in a Category A retirement pension)—

(a) for “£71.15” substitute “£73.35”; and

(b) for “£79.60” substitute “£82.05”.

(4) It is directed(12) 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 2004-2005 shall be increased by 3.1 per cent. of their amount apart from this Order;

(b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(13) (increase of pension where entitlement is deferred) shall be increased by 3.1 per cent. of their amount apart from this Order; and

(c) payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975(14), section 63 of the Social Security Act 1986(15) or section 150(1)(e) of the Administration Act shall be increased by 3.1 per cent. of their amount apart from this Order.

(5) The sums which, under—

(a) section 55A of the Contributions and Benefits Act(16), are shared additional pensions; and

(b) section 55C of the Contributions and Benefits Act(17), are increases in the rates of such pensions,

shall in each case be increased by 3.1 per cent. of their amount apart from this Order.

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

5.—(1) It is directed(18) that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6.

(2) Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by—

(a) 3.1 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(19); and

(b) 0.1 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.

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

6.—(1) Paragraphs (2) to (9), which are subject to the provisions of paragraphs (10) and (11), specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.

(2) Subject to paragraph (3), any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 11th April 2005.

(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(20),

any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 14th April 2005.

(4) The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 11th April 2005.

(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(21),

(iii) attendance allowance, and

(iv) carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); and

(b) any increases in—

(i) Category C retirement pension and carer’s allowance referred to in sub-paragraph (a)(i) and (iv), and

(ii) maternity allowance, widowed mother’s allowance and widowed parent’s allowance,

in respect of dependants, shall in all cases take effect on 11th April 2005.

(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,

(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) in respect of dependants, and

(ii) disablement pension,

shall in all cases take effect on 13th April 2005.

(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(22) 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 11th April 2005.

(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 14th April 2005.

(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 13th April 2005.

(10) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act(23) (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.

(11) Any increases in the sums specified in articles 3 and 23(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount(24), shall take effect—

(a) except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 11th April 2005;

(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 2005,

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

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

7.  From and including—

(a) 13th April 2005, for “£44.35” 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) 14th April 2005, 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 “£45.70”.

Earnings Limits

8.  In section 80(4) of the Contributions and Benefits Act(25) (earnings limits in respect of child dependency increases)—

(a) for “£165.00”, in both places where it occurs, substitute “£170.00”; and

(b) for “£21.00” substitute “£22.00”.

Statutory Sick Pay

9.  In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£66.15” substitute “£68.20”.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(26) (prescribed rate of statutory maternity pay) for “£102.80” substitute “£106.00”.

Statutory Paternity Pay and Statutory Adoption Pay

11.  In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002(27)—

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£102.80” substitute “£106.00”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£102.80” substitute “£106.00”.

Increase in rate of graduated retirement benefit

12.—(1) In section 36(1) of the National Insurance Act 1965(28) (graduated retirement benefit)—

(a) the sum of 9.63 pence shall be increased by 3.1 per cent.; and

(b) from and including 11th April 2005 the reference in that provision to that sum shall have effect as a reference to 9.93 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(29) (increases for deferred retirement) shall be increased by 3.1 per cent. of their amount apart from this Order.

(3) The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.1 per cent. of their amount apart from this Order.

Increase in rates of Disability Living Allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(30) (rate of benefit)—

(a) in paragraph (1)(a) for “£58.80” substitute “£60.60”;

(b) in paragraph (1)(b) for “£39.35” substitute “£40.55”;

(c) in paragraph (1)(c) for “£15.55” substitute “£16.05”;

(d) in paragraph (2)(a) for “£41.05” substitute “£42.30”; and

(e) in paragraph (2)(b) for “£15.55” substitute “£16.05”.

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

14.  In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994(31) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a) in sub-paragraph (a) for “£15.55” substitute “£16.05”; and

(b) in sub-paragraph (b) for “£7.80” substitute “£8.05”.

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

15.  In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(32) (rate of long-term incapacity benefit in transitional cases)—

(a) in sub-paragraph (a) for “£15.55” substitute “£16.05”;

(b) in sub-paragraph (b) for “£10.00” substitute “£10.30”; and

(c) in sub-paragraph (c) for “£5.00” substitute “£5.15”.

PART 3 INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT

Applicable amounts for Income Support

16.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 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 the regulation of, or the 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) 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(33).

(3) The sums specified in Part I of Schedule 2(34) (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(35) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) for “£15.95” substitute “£16.10”; and

(b) in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”.

(5) The sums specified in Part IV of Schedule 2(36) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3(37) (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 “£97.00” substitute “£101.00”;

(d) in sub-paragraph (2)(b)—

(i) for “£97.00” substitute “£101.00”;

(ii) for “£144.00” substitute “£150.00”;

(iii) “£17.00” remains unchanged;

(e) in sub-paragraph (2)(c)—

(i) for “£144.00” substitute “£150.00”;

(ii) for “£186.00” substitute “£194.00”;

(iii) “£23.35” remains unchanged;

(f) in sub-paragraph (2)(d)—

(i) for “£186.00” substitute “£194.00”;

(ii) for “£247.00” substitute “£258.00”;

(iii) “£38.20” remains unchanged; and

(g) in sub-paragraph (2)(e)—

(i) for “£247.00” substitute “£258.00”;

(ii) for “£308.00” substitute “£322.00”;

(iii) “£43.50” remains unchanged.

(7) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7(38) (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; and

(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(39) (sums to be disregarded in the calculation of income other than earnings) for “£9.80” substitute “£10.55”.

Income Support Transitional Protection

17.  It is directed(40) that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(41) (special transitional addition) shall be increased by 1 per cent. of their amount apart from this Order.

The Relevant Sum for Income Support

18.  In section 126(7) of the Contributions and Benefits Act(42) (trade disputes: the relevant sum) for “£30.00” substitute “£30.50”.

Housing Benefit

19.—(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 the regulation of, or the 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)(43) of Part III of Schedule 2 (applicable amounts),

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

(3) In regulation 18(1)(44) (patients)—

(a) in sub-paragraphs (a), (b) and (d)(ii) for “£19.90” substitute “£20.50” in each case;

(b) in sub-paragraphs (c)(i) and (d)(i) for “£15.90” substitute “£16.40” in each case; and

(c) in sub-paragraph (c)(ii) for “£39.80” substitute “£41.00”.

(4) In regulation 21(1A)(45) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) for “£135.00” substitute “£175.00”; and

(b) in sub-paragraph (b) for “£200” substitute “£300”.

(5) 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 “£97.00” substitute “£101.00”;

(d) in paragraph (2)(b)—

(i) for “£97.00” substitute “£101.00”;

(ii) for “£144.00” substitute “£150.00”;

(iii) “£17.00” remains unchanged;

(e) in paragraph (2)(c)—

(i) for “£144.00” substitute “£150.00”;

(ii) for “£186.00” substitute “£194.00”;

(iii) “£23.35” remains unchanged;

(f) in paragraph (2)(d)—

(i) for “£186.00” substitute “£194.00”;

(ii) for “£247.00” substitute “£258.00”;

(iii) “£38.20” remains unchanged; and

(g) in paragraph (2)(e)—

(i) for “£247.00” substitute “£258.00”;

(ii) for “£308.00” substitute “£322.00”;

(iii) “£43.50” remains unchanged.

(6) In paragraph 1A of Part I of Schedule 1(47) (ineligible service charges), for “£19.85”, “£19.85”, “£10.05”, “£13.20”, “£13.20” and “£6.65” substitute “£20.05”, “£20.05”, “£10.15”, “£13.35”, “£13.35” and “£6.70” respectively.

(7) In paragraph 5 of Part II of Schedule 1(48) (payments in respect of fuel charges)—

(a) in sub-paragraph (2)(a) for “£9.80” substitute “£10.55”;

(b) in sub-paragraph (2)(b) and (d) for “£1.20” substitute “£1.25” in each case; and

(c) in sub-paragraph (2)(c) for “£0.80” substitute “£0.85”.

(8) 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.

(9) In paragraph 3 of Part II of Schedule 2(50) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) “£22.20” remains unchanged;

(b) in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”; and

(c) in sub-paragraph (1A)(51) “£10.50” remains unchanged.

(10) The sums specified in Part IV of Schedule 2(52) (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.

(11) In paragraph 16(1) and (3)(c) of Schedule 3(53) (sums to be disregarded in the calculation of earnings) for “£12.32” substitute “£14.50” in each case.

(12) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 20(b)(54) for “£9.80” substitute “£10.55”; and

(b) in paragraph 58(55) for “£12.32” substitute “£14.50”.

Housing Benefit for certain persons over the qualifying age for State Pension Credit

20.—(1) This article applies to persons to whom regulation 2 of the 2003 Regulations applies and references in this article to the Housing Benefit Regulations are to the Housing Benefit Regulations as modified by the 2003 Regulations in their application to those persons.

(2) 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 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 the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.

(3) In regulation 16(3)(a)(56) (applicable amounts) “20 per cent.” remains unchanged.

(4) In regulation 26(3)(57) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) for “£135.00” substitute “£175.00”; and

(b) in sub-paragraph (b) for “£200” substitute “£300”.

(5) The sums specified in Part I of Schedule 2A (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(6) In paragraph 3 of Part II of Schedule 2A(58) (applicable amounts: family premium)—

(a) in sub-paragraph (1) for “£15.95” substitute “£16.10”; and

(b) in sub-paragraph (2) “£10.50” remains unchanged.

(7) The sums specified in Part IV of Schedule 2A (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 9 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 3A(59) (sums disregarded from claimant’s earnings) for “£12.32” substitute “£14.50” in each case.

(9) In paragraph 21 of Schedule 4A(60) (amounts to be disregarded in the calculation of income other than earnings) for “£12.32” substitute “£14.50”.

Council Tax Benefit

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 10 and 11 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 the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.

(2) In—

(a) regulations 8(b) and 9(c)(61); and

(b) paragraphs 14A(2)(a)(62) and 15(a)(63) of Part III of Schedule 1 (applicable amounts),

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

(3) In regulation 10(1)(64) (patients)—

(a) in sub-paragraphs (a), (b) and (d)(ii) for “£19.90” substitute “£20.50” in each case;

(b) in sub-paragraphs (c)(i) and (d)(i) for “£15.90” substitute “£16.40” in each case; and

(c) in sub-paragraph (c)(ii) for “£39.80” substitute “£41.00”.

(4) In regulation 13(1A)(65) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) for “£135.00” substitute “£175.00”; and

(b) in sub-paragraph (b) for “£200” substitute “£300”.

(5) In regulation 52(66) (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 “£144.00” substitute “£150.00”;

(d) in paragraph (2)(b)—

(i) for “£144.00” substitute “£150.00”;

(ii) for “£247.00” substitute “£258.00”;

(iii) “£4.60” remains unchanged; and

(e) in paragraph (2)(c)—

(i) for “£247.00” substitute “£258.00”;

(ii) for “£308.00” substitute “£322.00”;

(iii) “£5.80” remains unchanged.

(6) The sums specified in Part I of Schedule 1(67) (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.

(7) In paragraph 3 of Part II of Schedule 1(68) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) “£22.20” remains unchanged;

(b) in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”; and

(c) in sub-paragraph (1A)(69) “£10.50” remains unchanged.

(8) The sums specified in Part IV of Schedule 1(70) (applicable amounts: premiums) shall be as set out in Schedule 11 to this Order.

(9) In paragraph 1 of Schedule 2(71) (amount of alternative maximum council tax benefit)—

(a) in sub-paragraph (2)(b)(i) for “£144.00” substitute “£150.00”; and

(b) in sub-paragraph (2)(b)(ii) for “£144.00” and “£186.00” substitute “£150.00” and “£194.00” respectively.

(10) In paragraph 16(1) and (3)(c) of Schedule 3(72) (sums to be disregarded in the calculation of earnings) for “£12.32” substitute “£14.50” in each case.

(11) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 20(b)(73) for “£9.80” substitute “£10.55”; and

(b) in paragraph 57(74) for “£12.32” substitute “£14.50”.

Council Tax Benefit for certain persons over the qualifying age for State Pension Credit

22.—(1) This article applies to persons to whom regulation 12 of the 2003 Regulations applies and references in this article to the Council Tax Benefit Regulations are to the Council Tax Benefit Regulations as modified by the 2003 Regulations in their application to those persons.

(2) 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 12 and 13 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 the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.

(3) In regulation 8(3)(a)(75) (applicable amounts) “20 per cent.” remains unchanged.

(4) In regulation 18(3)(76) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) for “£135.00” substitute “£175.00”; and

(b) in sub-paragraph (b) for “£200” substitute “£300”.

(5) The sums specified in Part I of Schedule 1A (applicable amounts: personal allowances) shall be as set out in Schedule 12 to this Order.

(6) In paragraph 3 of Part II of Schedule 1A(77) (applicable amounts: family premium)—

(a) in sub-paragraph (1) for “£15.95” substitute “£16.10”; and

(b) in sub-paragraph (2) “£10.50” remains unchanged.

(7) The sums specified in Part IV of Schedule 1A (amounts of premiums specified in Part III) shall be as set out in Schedule 13 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 3A(78) (sums disregarded from claimant’s earnings) for “£12.32” substitute “£14.50” in each case.

(9) In paragraph 21 of Schedule 4A(79) (amounts to be disregarded in the calculation of income other than earnings) for “£12.32” substitute “£14.50”.

PART 4 JOBSEEKER'S ALLOWANCE

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

23.  In regulation 79(1) of the Income Support Regulations(80) (weekly amounts of contribution-based jobseeker’s allowance)—

(a) in sub-paragraph (a) for “£33.50” substitute “£33.85”;

(b) in sub-paragraph (b) for “£44.05” substitute “£44.50”; and

(c) in sub-paragraph (c) for “£55.65” substitute “£56.20”.

Applicable amounts for Jobseeker’s Allowance

24.—(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 14 to 19 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 the regulation of, or the Schedule to, the Income Support Regulations bearing that number.

(2) In—

(a) regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(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(81).

(3) The sums specified in Part I of Schedule 1(82) (applicable amounts: personal allowances) shall be as set out in Schedule 14 to this Order.

(4) In paragraph 4 of Part II of Schedule 1(83) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) for “£15.95” substitute “£16.10”; and

(b) in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”.

(5) The sums specified in Part IV of Schedule 1(84) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 15 to this Order.

(6) The sums specified in Part IVB of Schedule 1(85) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 16 to this Order.

(7) In paragraph 17 of Schedule 2(86) (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 “£97.00” substitute “£101.00”;

(d) in sub-paragraph (2)(b)—

(i) for “£97.00” substitute “£101.00”;

(ii) for “£144.00” substitute “£150.00”;

(iii) “£17.00” remains unchanged;

(e) in sub-paragraph (2)(c)—

(i) for “£144.00” substitute “£150.00”;

(ii) for “£186.00” substitute “£194.00”;

(iii) “£23.35” remains unchanged;

(f) in sub-paragraph (2)(d)—

(i) for “£186.00” substitute “£194.00”;

(ii) for “£247.00” substitute “£258.00”;

(iii) “£38.20” remains unchanged; and

(g) in sub-paragraph (2)(e)—

(i) for “£247.00” substitute “£258.00”;

(ii) for “£308.00” substitute “£322.00”;

(iii) “£43.50” remains unchanged.

(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5(87) (applicable amounts in special cases)—

(a) which are amended by this Order shall be as set out in Part I of Schedule 17 to this Order; and

(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(88) (applicable amounts of joint-claim couples in special cases)—

(a) which are amended by this Order shall be as set out in Part I of Schedule 18 to this Order; and

(b) which are not increased by this Order are the sums set out in Part II of that Schedule.

(10) In paragraph 20(b) of Schedule 7(89) (sums to be disregarded in the calculation of income other than earnings), for “£9.80” substitute “£10.55”.

(11) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 19 to this Order are the sums set out in column (2) of that Schedule.

The Prescribed Sum for Jobseeker’s Allowance

25.  In regulation 172 of the Income Support Regulations(90) (trade disputes: prescribed sum) for “£30.00” substitute “£30.50”.

PART 5 STATE PENSION CREDIT

State Pension Credit

26.—(1) The amounts specified in the State Pension Credit Regulations shall be the amounts set out in the following provisions of this article and Schedule 20 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 the regulation of, or the Schedule to, the State Pension Credit Regulations bearing that number.

(2) In regulation 6(91) (amount of the guarantee credit)—

(a) in paragraph (1)(a) for “£160.95” substitute “£167.05”;

(b) in paragraph (1)(b) for “£105.45” substitute “£109.45”;

(c) in paragraph (5)(a) for “£44.15” substitute “£45.50”;

(d) in paragraph (5)(b) for “£88.30” substitute “£91.00”; and

(e) in paragraph (8) for “£25.55” substitute “£25.80”.

(3) In regulation 7(92) (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) for “£79.60” and “£127.25” substitute “£82.05” and “£131.20” respectively.

(4) In paragraph 14 of Schedule II(93) (persons residing with the claimant)—

(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 “£97.00” substitute “£101.00”;

(d) in sub-paragraph (2)(b) for “£97.00” and “£144.00” substitute “£101.00” and “£150.00” respectively and “£17.00” remains unchanged;

(e) in sub-paragraph (2)(c) for “£144.00” and “£186.00” substitute “£150.00” and “£194.00” respectively and “£23.35” remains unchanged;

(f) in sub-paragraph (2)(d) for “£186.00” and “£247.00” substitute “£194.00” and “£258.00” respectively and “£38.20” remains unchanged; and

(g) in sub-paragraph (2)(e) for “£247.00” and “£308.00” substitute “£258.00” and “£322.00” respectively and “£43.50” remains unchanged.

(5) In Schedule III—

(a) in paragraph 1(94) (polygamous marriages)—

(i) in sub-paragraph (5) for “£160.95” and “£55.50” substitute “£167.05” and “£57.60” respectively;

(ii) in sub-paragraph (7) for “£127.25” substitute “£131.20”; and

(b) in paragraph 2(2)(a)(95) (further provisions in the case of patients) “20 per cent.” remains unchanged.

(6) The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 20 to this Order are the amounts set out in column (2) of that Schedule.

PART 6 REVOCATION

Revocation

27.  The Social Security Benefits Up-rating Order 2004(96) is hereby revoked.

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks

Minister of State,

Department for Work and Pensions

8th March 2005

We consent,

Nick Ainger

Gillian Merron

Two of the Lords Commissioners of Her Majesty’s Treasury

8th March 2005