The Social Security Benefits Up-rating Order 2009

PART 1 INTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2009.

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

(a) this article and articles 2, 6, 21, 22 and 28 on 1st April 2009;

(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 2009, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations;

(c) article 3—

(i) in so far as it relates to any increase to which article 6(10)(b) applies, on 1st April 2009; and

(ii) for all other purposes, on 6th April 2009;

(d) articles 4, 5, 7, 9, 12 and 13, on 6th April 2009;

(e) article 10, on 5th April 2009, 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 6th April 2009;

(f) article 11, on 5th April 2009;

(g) articles 14 and 15, on 9th April 2009;

(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 6th April 2009, 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 6th April 2009, and in relation to any other case, on 1st April 2009;

(j) articles 23 to 25, in so far as they relate to a particular beneficiary—

(i) for the purposes of article 23(c), in so far as it relates to an increase to which article 6(10)(b) applies, on 1st April 2009; and

(ii) for all other purposes, on the first day of the first benefit week to commence for that beneficiary, on or after 6th April 2009, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations;

(k) article 26, 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 6th April 2009, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations; and

(l) article 27, 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 6th April 2009, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Employment and Support Allowance Regulations.

(3) The changes 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(10),

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 Regulations 2006(4);

“the Council Tax Benefit (SPC) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006(5);

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008(6);

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006(7);

“the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006(8);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(9);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(10);

“the Pension Schemes Act” means the Pension Schemes Act 1993(11); and

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002(12).

PART 2 SOCIAL SECURITY BENEFITS AND PENSIONS

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

3.—(1) From and including the respective dates specified in article 6—

(a) the sums specified in paragraph (2) shall be increased; and

(b) the sums specified in paragraph 3 of Part III of Schedule 4 to the Contributions and Benefits Act (age related addition) shall be reduced(13),

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 III, the sums specified for age related addition and age addition to a pension of any category and otherwise under section 79 of that Act;

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

(c) Part V, 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 and qualifying young persons(14).

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 5.0 per cent.

(3) In section 44(4) of the Contributions and Benefits Act(15) (basic pension in a Category A retirement pension)—

(a) for “£81.10” substitute “£86.20”; and

(b) for “£90.70” substitute “£95.25”.

(4) It is directed(16) that the sums which are—

(a) additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2008-2009;

(b) increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(17) (pension increase or lump sum where entitlement to retirement pension is deferred);

(c) lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule(18) on becoming entitled to a Category A or Category B retirement pension (entitlement to lump sum where pensioner’s deceased spouse or civil partner has deferred entitlement); and

(d) payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975(19), section 63 of the Social Security Act 1986(20) or section 150(1)(e) of the Administration Act,

shall in each case be increased by 5.0 per cent.

(5) The sums which, under—

(a) section 55A of the Contributions and Benefits Act(21), are shared additional pensions; and

(b) paragraph 2 of Schedule 5A to the Contributions and Benefits Act(22), are increases in the rates of such pensions,

shall in each case be increased by 5.0 per cent.

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

5.—(1) It is directed(23) 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) 5.0 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years(24); and

(b) 2.0 per cent. 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 changed by this Order

6.—(1) Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), specify the date on which the changes 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 6th April 2009.

(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(25),

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 9th April 2009.

(4) The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 6th April 2009.

(5) Any increases in the sums specified for—

(a) the rate of—

(i) Category C and Category D retirement pension,

(ii) attendance allowance, and

(iii) 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 (iii), and

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

in respect of dependants,

shall in all cases take effect on 6th April 2009.

(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 qualifying young persons(26),

(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 8th April 2009.

(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(27) 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 6th April 2009.

(8) The changes 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 9th April 2009.

(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 8th April 2009.

(10) 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(28), 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 6th April 2009;

(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 2009,

and for the purpose 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 compensation and industrial diseases benefits in respect of employment before 5th July 1948

7.  From and including—

(a) 8th April 2009, for “£50.55” 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) 9th April 2009, 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 “£53.10”.

Earnings Limits

8.  In section 80(4) of the Contributions and Benefits Act(29) (earnings limits in respect of child dependency increases)—

(a) for “£185.00”, in both places where it occurs, substitute “£195.00”; and

(b) for “£25.00” substitute “£26.00”.

Statutory Sick Pay

9.  In section 157(1) of the Contributions and Benefits Act(30) (rate of payment of statutory sick pay) for “£75.40” substitute “£79.15”.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(31) (prescribed rate of statutory maternity pay) for “£117.18” substitute “£123.06”.

Statutory Paternity Pay and Statutory Adoption Pay

11.  In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002(32)—

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£117.18” substitute “£123.06”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£117.18” substitute “£123.06”.

Increase in rate of graduated retirement benefit

12.—(1) In section 36(1) of the National Insurance Act 1965(33) (graduated retirement benefit)—

(a) the sum of 10.98 pence shall be increased by 5.0 per cent.; and

(b) from and including 6th April 2009 the reference in that provision to that sum shall have effect as a reference to 11.53 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(34) (increases for deferred retirement) shall be increased by 5.0 per cent.

(3) The sums which are lump sums to which surviving spouses or civil partners will become entitled under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005(35) (increases of graduated retirement benefit and lump sums) shall be increased by 5.0 per cent.

(4) 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 5.0 per cent.

Increase in rates of Disability Living Allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(36) (rate of benefit)—

(a) in paragraph (1)(a) for “£67.00” substitute “£70.35”;

(b) in paragraph (1)(b) for “£44.85” substitute “£47.10”;

(c) in paragraph (1)(c) for “£17.75” substitute “£18.65”;

(d) in paragraph (2)(a) for “£46.75” substitute “£49.10”; and

(e) in paragraph (2)(b) for “£17.75” substitute “£18.65”.

Rates of age addition to long-term incapacity benefit

14.  In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994(37) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a) in sub-paragraph (a) for “£17.75” substitute “£15.65”; and

(b) in sub-paragraph (b) for “£8.90” substitute “£6.55”.

Rates of transitional invalidity allowance

15.—(1) Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(38) (rate of long-term incapacity benefit in transitional cases)—

(a) in sub-paragraph (a) for “£17.75” substitute “£18.65”;

(b) in sub-paragraph (b) for “£11.40” substitute “£12.00”; and

(c) in sub-paragraph (c) for “£5.70” substitute “£6.00”.

(2) In the case of a claimant entitled to long-term incapacity benefit, the sums specified in regulation 18(2)(a), (b) and (c)(39) shall be reduced to “£15.65”, “£9.10” and “£5.35” respectively.

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 this article and Schedules 2 to 4 to this Order; and unless stated otherwise any reference in this article to a numbered Schedule is a reference to 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)(40) and 14(2)(a)(41) 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(42) (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(43) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) for “£16.75” substitute “£17.30”; and

(b) in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”.

(5) The sums specified in Part IV of Schedule 2(44) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3(45) (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 “£116.00” substitute “£120.00”;

(d) in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;

(e) in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;

(f) in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and

(g) in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.

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

Income Support Transitional Protection

17.  It is directed(46) that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(47) (special transitional addition) shall be increased by 6.3 per cent.

The Relevant Sum for Income Support

18.  In section 126(7) of the Contributions and Benefits Act(48) (trade disputes: the relevant sum) for “£32.50” substitute “£34.50”.

Housing Benefit

19.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in this article and Schedules 5 and 6 to this Order; and unless otherwise stated, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit Regulations bearing that number.

(2) In paragraph (4) the reference to regulation 74 means regulation 74 of the Housing Benefit Regulations as in force immediately before 1st April 2009 and regulation 74 as substituted by regulation 14 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007(49).

(3) In regulation 27(3) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) “£175.00” remains unchanged; and

(b) in sub-paragraph (b) “£300.00” remains unchanged.

(4) In regulation 74 (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 “£116.00” substitute “£120.00”;

(d) in paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;

(e) in paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;

(f) in paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and

(g) in paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.

(5) In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£21.60”, “£21.60”, “£10.90”, “£14.35”, “£14.35”, “£7.20” and “£2.65” substitute “£22.95”, “£22.95”, “£11.60”, “£15.25”, “£15.25”, “£7.65” and “£2.80” respectively.

(6) In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges)—

(a) in sub-paragraph (2)(a) for “£15.45” substitute “£21.55”;

(b) in sub-paragraph (2)(b) and (d) for “£1.80” substitute “£2.50”; and

(c) in sub-paragraph (2)(c) for “£1.25” substitute “£1.75”.

(7) The sums specified in Part 1 of Schedule 3(50) (applicable amounts: personal allowances) shall be as set out in Schedule 5 to this Order.

(8) In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium)—

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

(b) in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”; and

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

(9) The sums specified in Part 4 of Schedule 3 (applicable amounts: premiums) shall be as set out in Schedule 6 to this Order.

(10) In Part 6 of Schedule 3(51) (amount of components)—

(a) in paragraph 25 for “£24.00” substitute “£25.50”; and

(b) in paragraph 26 for “£29.00” substitute “£30.85”.

(11) In paragraph 17(1) and (3)(c) of Schedule 4 (sums to be disregarded in the calculation of earnings) for “£16.05” substitute “£16.85”.

(12) In paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.

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

20.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 7 and 8 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit (SPC) Regulations bearing that number.

(2) In paragraph (4) the reference to regulation 55 means regulation 55 of the Housing Benefit (SPC) Regulations as in force immediately before 1st April 2009 and regulation 55 as substituted by regulation 14 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007(52).

(3) In regulation 30(3) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) “£175.00” remains unchanged; and

(b) in sub-paragraph (b) “£300.00” remains unchanged.

(4) In regulation 55 (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 “£116.00” substitute “£120.00”;

(d) in paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;

(e) in paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;

(f) in paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and

(g) in paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.

(5) In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£21.60”, “£21.60”, “£10.90”, “£14.35”, “£14.35”, “£7.20” and “£2.65” substitute “£22.95”, “£22.95”, “£11.60”, “£15.25”, “£15.25”, “£7.65” and “£2.80” respectively.

(6) In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges)—

(a) in sub-paragraph (2)(a) for “£15.45” substitute “£21.55”;

(b) in sub-paragraph (2)(b) and (d) for “£1.80” substitute “£2.50”; and

(c) in sub-paragraph (2)(c) for “£1.25” substitute “£1.75”.

(7) The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.

(8) In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium)—

(a) in sub-paragraph (1) for “£16.75” substitute “£17.30”; and

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

(9) The sums specified in Part 4 of Schedule 3 (applicable amounts: amounts of premiums specified in Part 3) shall be as set out in Schedule 8 to this Order.

(10) In paragraph 9(1) and (3)(c) of Schedule 4 (sums disregarded from claimant’s earnings) for “£16.05” substitute “£16.85”.

(11) In paragraph 21 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.

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 this article and Schedules 9 and 10 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit Regulations bearing that number.

(2) In regulation 17(3) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) “£175.00” remains unchanged; and

(b) in sub-paragraph (b) “£300.00” remains unchanged.

(3) In regulation 58 (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 “£172.00” substitute “£178.00”;

(d) in paragraph (2)(b) for “£172.00” and “£296.00” substitute “£178.00” and “£306.00” respectively and “£4.60” remains unchanged; and

(e) in paragraph (2)(c) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£5.80” remains unchanged.

(4) The sums specified in Part 1 of Schedule 1(53) (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.

(5) In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium)—

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

(b) in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”; and

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

(6) The sums specified in Part 4 of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.

(7) In Part 6 of Schedule 1(54) (amount of components)—

(a) in paragraph 25 for “£24.00” substitute “£25.50”; and

(b) in paragraph 26 for “£29.00” substitute “£30.85”.

(8) In the Table in paragraph 1 of Schedule 2(55) (amount of alternative maximum council tax benefit)—

(a) in sub-paragraph (2)(b)(i) for “£169.00” substitute “£175.00”; and

(b) in sub-paragraph (2)(b)(ii) for “£169.00” and “£220.00” substitute “£175.00” and “£228.00” respectively.

(9) In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£16.05” substitute “£16.85”.

(10) In paragraph 56 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.

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

22.—(1) The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 11 and 12 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit (SPC) Regulations bearing that number.

(2) In regulation 20(3) (calculation of income on a weekly basis)—

(a) in sub-paragraph (a) “£175.00” remains unchanged; and

(b) in sub-paragraph (b) “£300.00” remains unchanged.

(3) In regulation 42 (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 “£172.00” substitute “£178.00”;

(d) in paragraph (2)(b) for “£172.00” and “£296.00” substitute “£178.00” and “£306.00” respectively and “£4.60” remains unchanged; and

(e) in paragraph (2)(c) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£5.80” remains unchanged.

(4) The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.

(5) In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium)—

(a) in sub-paragraph (1) for “£16.75” substitute “£17.30”; and

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

(6) The sums specified in Part 4 of Schedule 1 (amounts of premiums specified in Part 3) shall be as set out in Schedule 12 to this Order.

(7) In paragraph 9(1) and (3)(c) of Schedule 2 (sums disregarded from claimant’s earnings) for “£16.05” substitute “£16.85”.

(8) In paragraph 21 of Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) for “£16.05” substitute “£16.85”.

(9) In the Table in paragraph 1 of Schedule 6(56) (amount of alternative maximum council tax benefit)—

(a) in sub-paragraph (2)(b)(i) for “£169.00” substitute “£175.00”; and

(b) in sub-paragraph (2)(b)(ii) for “£169.00” and “£220.00” substitute “£175.00” and “£228.00” respectively.

PART 4 JOBSEEKER’S ALLOWANCE

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

23.  In regulation 79(1) of the Jobseeker’s Allowance Regulations(57) (weekly amounts of contribution-based jobseeker’s allowance)—

(a) in sub-paragraph (a) for “£47.95” substitute “£50.95”;

(b) in sub-paragraph (b) for “£47.95” substitute “£50.95”; and

(c) in sub-paragraph (c) for “£60.50” substitute “£64.30”.

Applicable amounts for Jobseeker’s Allowance

24.—(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 this article and Schedules 13 to 16 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the 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) and (d)(i); and

(b) paragraphs 15A(2)(a)(58) and 16(2)(a)(59) 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(60) (applicable amounts: personal allowances) shall be as set out in Schedule 13 to this Order.

(4) In paragraph 4 of Part II of Schedule 1(61) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) for “£16.75” substitute “£17.30”; and

(b) in sub-paragraph (1)(b) for “£16.75” substitute “£17.30”.

(5) The sums specified in Part IV of Schedule 1(62) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.

(6) The sums specified in Part IVB of Schedule 1(63) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 15 to this Order.

(7) In paragraph 17 of Schedule 2(64) (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 “£116.00” substitute “£120.00”;

(d) in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;

(e) in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;

(f) in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and

(g) in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.

(8) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 16 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 Jobseeker’s Allowance Regulations(65) (trade disputes: prescribed sum) for “£32.50” substitute “£34.50”.

PART 5 STATE PENSION CREDIT

State Pension Credit

26.—(1) The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in this article and Schedule 17 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the State Pension Credit Regulations bearing that number.

(2) In regulation 6(66) (amount of the guarantee credit)—

(a) in paragraph (1)(a) for “£189.35” substitute “£198.45”;

(b) in paragraph (1)(b) for “£124.05” substitute “£130.00”;

(c) in paragraph (5)(a) for “£50.35” substitute “£52.85”;

(d) in paragraph (5)(b) for “£100.70” substitute “£105.70”; and

(e) in paragraph (8) for “£27.75” substitute “£29.50”.

(3) In regulation 7(67) (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 “£91.20” and “£145.80” substitute “£96.00” and “£153.40” respectively.

(4) In paragraph 14 of Schedule II(68) (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 “£116.00” substitute “£120.00”;

(d) in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;

(e) in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;

(f) in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and

(g) in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.

(5) In paragraph 1 of Schedule III(69) (polygamous marriages)—

(a) in sub-paragraph (5) for “£189.35” and “£65.30” substitute “£198.45” and “£68.45” respectively; and

(b) in sub-paragraph (7) for “£145.80” substitute “£153.40”.

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

PART 6 EMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for Employment and Support Allowance

27.—(1) The sums relevant to the calculation of an applicable amount as specified in the Employment and Support Allowance Regulations shall be the sums set out in this article and Schedules 18 to 20 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Employment and Support Allowance Regulations bearing that number.

(2) The sums specified in Part 1 of Schedule 4 (prescribed amounts) shall be as set out in Schedule 18 to this Order.

(3) The sums specified in Part 3 of Schedule 4 (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 19 to this Order.

(4) In Part 4 of Schedule 4 (the components)—

(a) in paragraph 12 for “£24.00” substitute “£25.50”; and

(b) in paragraph 13 for “£29.00” substitute “£30.85”.

(5) In paragraph 19 of Schedule 6 (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 “£116.00” substitute “£120.00”;

(d) in sub-paragraph (2)(b) for “£116.00” and “£172.00” substitute “£120.00” and “£178.00” respectively and “£17.00” remains unchanged;

(e) in sub-paragraph (2)(c) for “£172.00” and “£223.00” substitute “£178.00” and “£231.00” respectively and “£23.35” remains unchanged;

(f) in sub-paragraph (2)(d) for “£223.00” and “£296.00” substitute “£231.00” and “£306.00” respectively and “£38.20” remains unchanged; and

(g) in sub-paragraph (2)(e) for “£296.00” and “£369.00” substitute “£306.00” and “£382.00” respectively and “£43.50” remains unchanged.

(6) The sums specified in any provision of the Employment and Support Allowance Regulations set out in column (1) of Schedule 20 to this Order are the sums set out in column (2) of that Schedule.

PART 7 REVOCATION

Revocation

28.  The Social Security Benefits Up-rating Order 2008(70) is revoked.

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

Rosie Winterton

Minister of State,

Department for Work and Pensions

4th March 2009

We consent,

Bob Blizzard

Frank Roy

Two of the Lords Commissioners of Her Majesty’s Treasury

5th March 2009