The Social Security Benefits Up-rating Order 2010

PART 1 INTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2010.

(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 2010;

(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 2010, 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(9)(b) applies, on 1st April 2010, and

(ii) for all other purposes, on 12th April 2010;

(d) articles 4, 5, 7, 12 and 13, on 12th April 2010;

(e) article 9, on 6th April 2010;

(f) article 10, on 4th April 2010, 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 12th April 2010;

(g) article 11, on 4th April 2010;

(h) articles 14 and 15, on 15th April 2010;

(i) 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 12th April 2010, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

(j) articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 2010, and in relation to any other case, on 1st April 2010;

(k) 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(9)(b) applies, on 1st April 2010, and

(ii) for all other purposes, on the first day of the first benefit week to commence for that beneficiary on or after 12th April 2010, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations;

(l) 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 12th April 2010, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations; and

(m) 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 12th April 2010, 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; and

(b) by article 23(c) in so far as it is relevant for the purposes referred to in article 6(9),

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).

(1)

Section 35A was inserted by section 53 of the 1999 Act. Subsection (1) was substituted by section 48 of the Employment Act 2002. The rate of maternity allowance is linked to the prescribed rate of statutory maternity pay set out in regulation 6 of S.I. 1986/1960.

(2)

1992 c. 4 (“the Contributions and Benefits Act”).

(3)

S.I. 1996/2745; the relevant amending instrument is S.I. 2002/842.

(4)

S.I. 2006/215; the relevant amending instruments are S.I. 2006/588 and 718, 2008/1042, 1082 and 2428 and 2009/497 and 2608.

(5)

S.I. 2006/216; the relevant amending instruments are S.I. 2006/718, 2008/1082 and 3157 and 2009/497.

(6)

S.I. 2008/794; the relevant amending instruments are S.I. 2008/2428 and 3195 and 2009/497, 2655 and 3228.

(7)

S.I. 2006/213; the relevant amending instruments are S.I. 2006/718, 2007/2868, 2008/1082 and 2428 and 2009/497 and 2608.

(8)

S.I. 2006/214; the relevant amending instruments are S.I. 2006/718, 2007/2869, 2008/3157 and 2009/497.

(9)

S.I. 1987/1967; the relevant amending instruments are S.I. 1990/1168 and 1776, 1995/516, 1613 and 2927, 1996/206, 1803, 2518 and 2545, 1998/766, 1999/2555, 3109 and 3178, 2000/2629, 2001/3651, 2002/2497 and 3019, 2003/455, 2004/2327 and 2825, 2005/3360, 2006/718, 2007/719, 2008/3195 and 2009/497 and 3228.

(10)

S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1803, 2518 and 2545, 1998/766, 1999/2555 and 2860, 2000/636, 1978 and 2629, 2001/518 and 3651, 2003/455 and 511, 2004/2327 and 2825, 2005/2877, 2006/718, 2007/719, 2008/698, 1554 and 3195 and 2009/497, 1488, 1575 and 3228.

(11)

1993 c. 48. Relevant amending instrument is S.I. 2005/2050.

(12)

S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3197, 2004/2327 and 2825, 2005/3360, 2006/588 and 2378, 2007/2618, 2008/3195 and 2009/497.