The Social Security Benefits Up-rating Order 2017 (revoked) No. 260

Statutory Instruments

2017 No. 260

Social Security

Terms And Conditions Of Employment

F1 The Social Security Benefits Up-rating Order 2017

Made

2nd March 2017

Coming into force in accordance with article 1

The Secretary of State for Work and Pensions has made a review as required by sections 150(1)(1) and 151A(1)(2) of the Social Security Administration Act 1992 and it appeared to the Secretary of State that the general level of prices was greater at the end of the period under review than it was at the beginning of the period.

The Secretary of State for Work and Pensions has also made a review as required by section 150A(1) of that Act(3) and it appeared to the Secretary of State that the general level of earnings was greater at the end of the period under review than it was at the beginning of the period.

A draft of this Order was laid before Parliament in accordance with sections 150(2), 150A(2) and 190(1)(a) of that Act, and approved by a resolution of each House.

The Treasury(4) has consented to the making of this Order.

Accordingly, the Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 150(5), 150A, 151(6), 151A and 189(1), (4) and (5)(7) of the Social Security Administration Act 1992, makes the following Order.

Textual Amendments

F1 Instrument revoked (in parts) (except art. 29(a)) (8.5.2018) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), art. 30

PART 8 REVOCATIONS

Revocations

29.  The following are revoked—

(a) the Social Security Benefits Up-rating Order 2015(8) save for articles 16, 17(10)(a) and 20; and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Caroline Nokes

Parliamentary Under-Secretary of State,

Department for Work and Pensions

We consent,

Andrew Griffiths

Stephen Barclay

Two of the Lords Commissioners of Her Majesty’s Treasury

Article 3(1)

F1 SCHEDULE 1 PROVISIONS OF SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 20(3)

SCHEDULE 2 PARAGRAPH 2 OF PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS

PART I PERSONAL ALLOWANCES

2.—(1)(9) 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) Child or Young Person			(2) 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)	£66.90;
	(b)	beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	(b)	£66.90.

Article 20(5)

SCHEDULE 3 PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

(1) Premium				(2) Amount
15.—(2)(10) Pensioner premium for persons to whom paragraph 9 applies.				(2)		£128.40.
(2A) Pensioner premium for persons to whom paragraph 9A applies.				(2A)		£128.40.
(3) Higher pensioner premium for persons to whom paragraph 10 applies.				(3)		£128.40.
(4)(11) Disability Premium—				(4)
	(a)	where the claimant satisfies the condition in paragraph 11(1)(a);			(a)	£32.55;
	(b)	where the claimant satisfies the condition in paragraph 11(1)(b).			(b)	£46.40.
(5) Severe Disability Premium—				(5)
	(a)	where the claimant satisfies the condition in paragraph 13(2)(a);			(a)	£62.45;
	(b)	where the claimant satisfies the condition in paragraph 13(2)(b)—			(b)
		(i)	if there is someone in receipt of a carer’s allowance(12) or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);			(i)	£62.45;
		(ii)	if no-one is in receipt of such an allowance.			(ii)	£124.90.
(6) Disabled Child Premium.				(6) £60.90 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.
(7)(13) Carer Premium.				(7) £34.95 in respect of each person who satisfied the condition specified in paragraph 14ZA.
(8)(14) Enhanced disability premium where the conditions in paragraph 13A are satisfied.				(8)
					(a)	£24.78 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
					(b)	£15.90 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)	£22.85 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 20(7)

SCHEDULE 4 APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

(1) Provision in Income Support Regulations	(2) Specified Sum
Regulation 22A(1)(15)	Applicable amount to be reduced by a sum equivalent to 20 per cent of the specified amount.
Schedule 3(16), paragraph 5(3)	The relevant fraction shall be obtained in accordance with the formula—
Schedule 3, paragraph 6(1)(b)(17)	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)(18)	100 per cent. of eligible interest.
Schedule 3, paragraph 8(1)(b)	Nil.
Schedule 3, paragraph 10(19)	The weekly amount of housing costs is the amount calculated by applying the formula—
Schedule 3, paragraph 11(5)(20)	£100,000.
Schedule 3, paragraph 11(7)(a)	A sum determined by applying the formula— P x Q.
Schedule 3, paragraph 11(11)(21)	The qualifying portion of a loan shall be determined by applying the formula—
Schedule 3, paragraph 12(2)(22)	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule 7, paragraph 2A(23)	Nil.
Schedule 7, paragraph 7	Nil.
Schedule 7, paragraph 8(a)	Nil.
Schedule 7, paragraph 17(24)	Nil.

Article 22(7)

SCHEDULE 5 PARAGRAPH 2 OF PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

2.—(1) (25) 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 22(b) and 23(c)—

Column (1) Child or Young Person			Column (2) 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)	£66.90;
	(b)	beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	(b)	£66.90.

Article 22(9)

SCHEDULE 6 PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

Premium				Amount
20.—(5) Disability Premium—				(5)
	(a)	where the claimant satisfies the condition in paragraph 12(a);			(a)	£32.55;
	(b)	where the claimant satisfies the condition in paragraph 12(b).			(b)	£46.40.
(6)(26) Severe Disability Premium—				(6)
(a)		where the claimant satisfies the condition in paragraph 14(2)(a);			(a)	£62.45;
(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 or who has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013 if he or any partner satisfies that condition only by virtue of paragraph 14(5);		(b)	(i)	£62.45;
		(ii)	in a case where there is no-one in receipt of such an allowance or such an award of universal credit.		(b)	(ii)	£124.90.
(7) Disabled Child Premium.				(7) £60.90 in respect of each child or young person in respect of whom the condition specified in paragraph 16 of Part 3 of this Schedule is satisfied.
(8) Carer Premium.				(8) £34.95 in respect of each person who satisfies the condition specified in paragraph 17.
(9) Enhanced disability premium.				(9)
					(a)	£24.78 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied;
					(b)	£15.90 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 15 are satisfied;
					(c)	£22.85 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15 are satisfied in respect of a member of that couple or polygamous marriage.

Article 23(6)

SCHEDULE 7 PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

30.  (27)The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 22—

Column (1) Person, couple or polygamous marriage		Column (2) Amount
(1) Single claimant or lone parent—		(1)
(a)	aged under 65;	(a)	£159.35;
(b)	aged 65 or over.	(b)	£172.55.
(2) Couple—		(2)
(a)	both members aged under 65;	(a)	£243.25;
(b)	one member or both members aged 65 or over.	(b)	£258.15.
(3) If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—		(3)
(a)	for the claimant and the other party to the marriage;	(a)	£243.25;
(b)	for each additional spouse who is a member of the same household as the claimant.	(b)	£83.90.
(4) If the claimant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over—		(4)
(a)	for the claimant and the other party to the marriage;	(a)	£258.15;
(b)	for each additional spouse who is a member of the same household as the claimant.	(b)	£85.60.

31.—(1) (28) 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 regulation 22—

Column (1) Child or Young Person		Column (2) 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)	£66.90;
(b)	beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	(b)	£66.90.

Article 23(8)

SCHEDULE 8 PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

Premium			Amount
12.—(1)(29) Severe disability premium—			(1)
(a)	where the claimant satisfies the condition in paragraph 6(2)(a);		(a)	£62.45;
(b)	where the claimant satisfies the condition in paragraph 6(2)(b)—
(i)		in a case where there is someone in receipt of a carer’s allowance or who has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013 or if he or any partner satisfies that condition only by virtue of paragraph 6(7);	(b)	(i)	£62.45;
(ii)		in a case where there is no-one in receipt of such an allowance or such an award of universal credit.	(b)	(ii)	£124.90.
(2) Enhanced disability premium.			(2) £24.78 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.
(3) Disabled child premium.			(3) £60.90 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.
(4) Carer premium.			(4) £34.95 in respect of each person who satisfies the condition specified in paragraph 9.

Article 24(3)

SCHEDULE 9 PARAGRAPH 2 OF PART 1 OF SCHEDULE 1 TO THE JOBSEEKER’S ALLOWANCE REGULATIONS

PART 1 Personal Allowances

2.—(1) (30) 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) Child or Young Person		(2) 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)	£66.90;
(b)	beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	(b)	£66.90.

Article 24(5)

SCHEDULE 10 PART IV OF SCHEDULE 1 TO THE JOBSEEKER’S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IV Weekly amounts of premiums specified in Part III

Premium			Amount
20.—(2)(31) Pensioner premium for persons who have attained the qualifying age for state pension credit—			(2)
(a)	where the claimant satisfies the condition in paragraph 10(a);		(a)		£86.25;
(b)	where the claimant satisfies the condition in paragraph 10(b);		(b)		£128.40;
(c)	where the claimant satisfies the condition in paragraph 10(c).		(c)		£128.40.
(3) Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.			(3) £128.40.
(4) Higher Pensioner Premium—			(4)
(a)	where the claimant satisfies the condition in paragraph 12(1)(a);		(a)		£86.25;
(b)	where the claimant satisfies the condition in paragraph 12(1)(b) or (c).		(b)		£128.40.
(5)(32) Disability Premium—			(5)
(a)	where the claimant satisfies the condition in paragraph 13(1)(a);		(a)		£32.55;
(b)	where the claimant satisfies the condition in paragraph 13(1)(b) or (c).		(b)		£46.40.
(6) Severe Disability Premium—			(6)
(a)	where the claimant satisfies the condition in paragraph 15(1);		(a)		£62.45;
(b)	where the claimant satisfies the condition in paragraph 15(2)—		(b)
(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);	(i)				£62.45;
(ii)		if no-one is in receipt of such an allowance.	(ii)				£124.90.
(7) Disabled Child Premium.			(7) £60.90 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
(8) Carer Premium.			(8) £34.95 in respect of each person who satisfied the condition specified in paragraph 17.
(9)(33) Enhanced disability premium where the conditions in paragraph 15A are satisfied.			(9)
			(a)	£24.78 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;
			(b)	£15.90 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)	£22.85 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 24(6)

SCHEDULE 11 PART IVB OF SCHEDULE 1 TO THE JOBSEEKER’S ALLOWANCE REGULATIONS(34) AS AMENDED BY THIS ORDER

PART IVB Weekly amounts of premiums specified in Part IVA

Premium		Amount
20M.—(1)(35) Pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit and the condition in paragraph 20E is satisfied.		(1) £128.40.
(2)(36) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.		(2) £128.40.
(3)(37) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G(1).		(3) £46.40.
(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—		(4)
(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)(38);	(i)		£62.45;
(ii)	if no-one is in receipt of such an allowance.	(ii)		£124.90.
(5) Carer Premium.		(5) £34.95 in respect of each person who satisfied the condition specified in paragraph 20J.
(6)(39) Enhanced disability premium where the conditions in paragraph 20IA are satisfied.		(6) £22.85 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

Article 24(8)

SCHEDULE 12 APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER’S ALLOWANCE REGULATIONS

(1) Provision in Jobseeker’s Allowance Regulations	(2) Specified Sum
Regulation 145(1)(40)	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)(41)	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.
Schedule 2, paragraph 5(3)	The relevant fraction shall be obtained in accordance with the formula—
Schedule 2, paragraph 6(1)(b)(42)	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(43)	The weekly amount of housing costs is the amount calculated by applying the formula—
Schedule 2, paragraph 10(4)(44)	£100,000.
Schedule 2, paragraph 10(6)(a)	The appropriate amount shall be a sum determined by applying the formula—
Schedule 2, paragraph 10(10)	The qualifying portion of a loan shall be determined by applying the formula—
Schedule 2, paragraph 11(2)(45)	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule 5, paragraph 4	Nil.
Schedule 5, paragraph 14(46)	Nil.
Schedule 5A, paragraph 3(47)	Nil.

Article 25(6)

SCHEDULE 13 OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

(1) Provision in State Pension Credit Regulations	(2) Specified Amount
Regulation 6(3)(a)	Nil.
Regulation 6(3)(b)	Nil.
Regulation 7(3)	Nil.
Schedule II, paragraph 6(3)	The relevant fraction shall be obtained in accordance with the formula—
Schedule II, paragraph 7(1)	The weekly amount of housing costs shall be calculated by applying the formula—
Schedule II, paragraph 8(2)(48)	£100,000.
Schedule II, paragraph 8(4)(a)	The sum shall be determined by applying the formula—
Schedule II, paragraph 8(8)(49)	The qualifying portion of a loan shall be determined by applying the formula—
Schedule II, paragraph 9(2)(50)	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule III, paragraph 2(2)(b)(51)	Nil.

Article 26(2)

SCHEDULE 14 PART 3 OF SCHEDULE 4 TO THE ESA REGULATIONS 2008 AS AMENDED BY THIS ORDER

PART 3 Weekly amount of premiums specified in Part 2

Premium			Amount
11.—(1)(52) Pensioner premium for a person to whom paragraph 5 applies who—			(1)
(a)	is a single claimant and—		(a)
(i)		is entitled to the work-related activity component;	(i)				£57.20;
(ii)		is entitled to the support component; or	(ii)				£49.70;
(iii)		is not entitled to either of those components;	(iii)				£86.25;
(b)	is a member of a couple and—		(b)
(i)		is entitled to the work-related activity component;	(i)				£99.35;
(ii)		is entitled to the support component; or	(ii)				£91.85;
(iii)		is not entitled to either of those components.	(iii)				£128.40.
(2) Severe disability premium—			(2)
(a)	where the claimant satisfies the condition in paragraph 6(2)(a);		(a)		£62.45;
(b)	where the claimant satisfies the condition in paragraph 6(2)(b)—		(b)
(i)		if there is someone in receipt of a carer’s allowance or if the person or any partner satisfies that condition only by virtue of paragraph 6(5);	(i)					£62.45;
(ii)		if no-one is in receipt of such an allowance.	(ii)					£124.90.
(3)(53) Carer Premium.			(3) £34.95 in respect of each person who satisfies the condition specified in paragraph 8(1).
(4)(54) Enhanced disability premium where the conditions in paragraph 7 are satisfied.			(4)
			(a)	£15.90 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 7 are satisfied;
			(b)	£22.85 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 7 are satisfied in respect of a member of that couple or polygamous marriage.

Article 26(5)

SCHEDULE 15 APPLICABLE AMOUNTS SPECIFIED IN THE ESA REGULATIONS 2008

(1) Provision in ESA Regulations 2008	(2) Specified Sum
Schedule 6, paragraph 7(3)	The relevant fraction shall be obtained in accordance with the formula—
Schedule 6, paragraph 8(1)(b)(55)	Half the amount which will fall to be met by applying the provisions of sub-paragraph (a).
Schedule 6, paragraph 8(1)(c)	Nil.
Schedule 6, paragraph 9(1)(b)	Nil.
Schedule 6, paragraph 11	The weekly amount of housing costs is the amount calculated by applying the formula—
Schedule 6, paragraph 12(4)(56)	£100,000.
Schedule 6, paragraph 12(6)(a)	The appropriate amount shall be a sum determined by applying the formula—
Schedule 6, paragraph 12(10)	The qualifying portion of a loan shall be determined by applying the formula—
Schedule 6, paragraph 12(12)(b)	£150,000
Schedule 6, paragraph 12(12)(c)	£125,000
Schedule 6, paragraph 13(2)(57)	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).

Article 28(2)

SCHEDULE 16 AMOUNTS OF CERTAIN ELEMENTS SPECIFIED IN THE TABLE IN REGULATION 36 OF THE UNIVERSAL CREDIT REGULATIONS AS AMENDED BY THIS ORDER

Element		Amount for each assessment period
Child element—
	first child or qualifying young person	£277.08
	second and each subsequent child or qualifying young person	£231.67
Additional amount for disabled child or qualifying young person—
	higher rate	£372.30
LCW and LCWRA elements—
	limited capability for work and work-related activity	£318.76
Carer element		£151.89
Childcare costs element—
	maximum amount for one child	£646.35
	maximum amount for two or more children	£1,108.04

Article 28(4)

SCHEDULE 17 OTHER AMOUNTS SPECIFIED IN THE UNIVERSAL CREDIT REGULATIONS

(1) Provision in Universal Credit Regulations	(2) Specified Amount
Regulation 34A(2) Step 2(58)	Apply the formula—
Schedule 4, paragraph 24(4)(59)	The allocated amount is to be found by applying the formula—
Schedule 4, paragraph 33	The amount of the renter’s housing costs element is to be calculated by reference to the formula—
Schedule 4, paragraph 35(4)(60)	Amount S is to be found by applying the formula—
Schedule 4, paragraph 36(2)	The amount of the deduction is to be determined by the formula—
Schedule 4, paragraph 36(3)	The relevant percentage is 14% in the case of one excess bedroom.
Schedule 4, paragraph 36(4)	The relevant percentage is 25% in the case of two or more excess bedrooms.
Schedule 5, paragraph 10(2) Step 3	£200,000
Schedule 5, paragraph 10(2) Step 4	Apply the formula—
Schedule 5, paragraph 11(2) Step 2	£200,000
Schedule 5, paragraph 11(2) Step 3	Apply the formula—
Schedule 5, paragraph 12(1)	The standard rate is the average mortgage rate published by the Bank of England which has effect for the purposes of paragraph 12 of Schedule 3 to the Income Support (General) Regulations 1987. It is to be varied each time that sub-paragraph (3) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (5).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made as a consequence of a review under section 150 and 151A of the Social Security Administration Act 1992 (c.5) (“the Administration Act”) and includes details of the sums mentioned in those sections.

The Order is also made as a consequence of a review under section 150A of the Administration Act and includes details of the sums mentioned in that section.

Part 2 of the Order relates to social security benefits, pensions and allowances.

Article 3 and Schedule 1 increase 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 (c.4) (“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 by virtue of sections 15(1) and 17(2) and (3) of the Pension Schemes Act 1993 (c.48) on account of increases in guaranteed minimum pensions.

Article 6 increases the rates and amounts relating to the state pension under Part 1 of the Pensions Act 2014 (c.19) including the full rate, amounts exceeding the full rate, the rate of increments and inherited increments.

Article 7 specifies the dates from which the sums specified for rates or amounts of benefits in articles 3, 4, 5, 6, 12, 13 and 14 are altered.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the weekly rate of statutory sick pay.

Article 10 increases the weekly rate of statutory maternity pay.

Article 11 increases the weekly rates of statutory paternity pay, statutory adoption pay and statutory shared parental pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the amount of a Category C retirement pension.

Article 14 increases the prescribed maximum additional pension for the purposes of section 52(3) of the Contributions and Benefits Act.

Article 15 increases the rate of disability living allowance.

Article 16 increases the rate of personal independence payment.

Article 17 increases the weekly rates of age addition and the rates referred to in article 17(2) for claimants entitled to long-term incapacity benefit.

Article 18 increases the weekly rates of transitional invalidity allowance and the rates referred to in article 18(2) for claimants entitled to long-term incapacity benefit.

Article 19 increases the rates of widowed mother’s allowance, widow’s pension, widowed parent’s allowance and bereavement allowance.

Part 3 of the Order relates to income support and housing benefit.

Article 20 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 20(3) and Schedule 2 set out certain personal allowances; article 20(4) and (5) and Schedule 3 set out the premiums and article 20(7) and Schedule 4 set out other miscellaneous amounts.

Article 21 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 22 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit and the appropriate maximum housing benefit. Article 22(7) and Schedule 5 set out certain personal allowances and article 22(9) and Schedule 6 set out the premiums.

Article 23 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit for certain persons over the qualifying age for state pension credit. Article 23(6) and Schedule 7 set out the personal allowances and article 23(7) and (8) and Schedule 8 set out the premiums.

Part 4 of the Order relates to jobseeker’s allowance.

Article 24 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 24(3) and Schedule 9 set out certain personal allowances; article 24(4) and (5) and Schedule 10 set out the premiums; article 24(6) and Schedule 11 set out the premiums for joint-claim couples and article 24(8) and Schedule 12 set out other miscellaneous amounts.

Part 5 of the Order relates to state pension credit.

Article 25 and Schedule 13 specify the amounts relevant to state pension credit.

Part 6 of the Order relates to employment and support allowance.

Article 26 states the amount of sums relevant to the applicable amount for the purposes of employment and support allowance under the Employment and Support Allowance Regulations 2008. Article 26(2) and Schedule 14 set out the premiums; article 26(3) increases the support component, and article 26(5) and Schedule 15 set out other miscellaneous amounts.

Article 27 increases the support component for employment and support allowance under the Employment and Support Allowance Regulations 2013.

Part 7 of the Order relates to universal credit.

Article 28 and Schedules 16 and 17 specify the amounts relevant to universal credit.

Article 29 of the Order provides for the revocation of the Social Security Benefits Up-rating Order 2015 (S.I. 2015/457) save for articles 16 and 20 which respectively state the sum by which any income support or jobseeker’s allowance of a person involved in a trade dispute is reduced and 17(10)(a) which states the amount of the work-related activity component of housing benefit. That amount is frozen under section 11 of, and paragraph 1 of Schedule 1 to, the Welfare Reform and Work Act 2016 (c.7). Article 29 also provides for the revocation of the Social Security Benefits Up-rating Order 2016 (S.I. 2016/230).

In accordance with sections 150(8), 150A(5) and (9) and 151A(6) and (7) of the Administration Act, a copy of the report of the Government Actuary 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.

An Impact Assessment has not been published for this instrument as it has no new impact on business or civil society organisations.

(1)

1992 c. 5 (“the Administration Act”). 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) (“the 2002 Act”), paragraph 35 of Schedule 3, and Schedule 6, to the Tax Credits Act 2002 (c. 21) (“the Tax Credits Act”), paragraph 14 of Schedule 7 to the Employment Act 2002 (c. 22), paragraph 21 of Schedule 11 to the Pensions Act 2004 (c. 35), section 6(1) to (4) of, and paragraph 21 of Schedule 1 to, the Pensions Act 2007 (c. 22), paragraph 10(21) of Schedule 3 to the Welfare Reform Act 2007 (c. 5), section 2(1) of the Pensions Act 2011 (c. 19), paragraph 22 of Schedule 2, and paragraph 17 of Schedule 9, to the Welfare Reform Act 2012 (c. 5) (“the 2012 Act”), sections 23 and 24 of, and paragraphs 18 and 70 of Schedule 12 and 56 of Schedule 13 to, the Pensions Act 2014 (c. 19) (“the 2014 Act”), paragraph 8 of the Schedule to S.I. 2005/2053, article 2 of S.I. 2006/2839 and by regulation 7 of S.I. 2014/2888. See also section 4(8) of the 1994 Act and regulation 18(3) of S.I. 1995/310.

(2)

Section 151A was inserted by section 23 of, and paragraph 21 of Schedule 12 to, the 2014 Act and amended by S.I. 2015/1754.

(3)

Section 150A was inserted by section 5(1) of the Pensions Act 2007 and amended by section 23 of, and paragraphs 8, 19 and 82 of Schedule 12 to, the 2014 Act and regulation 7 of S.I. 2014/2888.

(4)

See section 189(8) of the Administration Act.

(5)

The functions of the Secretary of State under section 150, so far as relating to child benefit and guardian’s allowance, were transferred to the Commissioners of Inland Revenue by section 50(1) of the Tax Credits Act. The functions of those Commissioners were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50 of that Act provides that in so far as appropriate in consequence of section 5 a reference to the Commissioners of Inland Revenue (in whatever terms) is to be read as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

(6)

Section 151 was amended by paragraph 29 of Schedule 8 to the 1993 Act, section 130(2) of the Pensions Act 1995, paragraph 22 of Schedule 11 to the Pensions Act 2004, section 2(3) of the Pensions Act 2011 and section 23 of, and paragraph 20 of Schedule 12 to, the 2014 Act.

(7)

Section 189(1) was amended by paragraph 109 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14) (“the 1998 Act”), paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act.

(8)

S.I. 2015/457.

(9)

Relevant amending instruments are S.I. 1996/2545, 1999/2555, 2003/455, 2006/718 and 2015/457.

(10)

Sub-paragraphs (2), (2A) and (3) were substituted by S.I. 2002/3019. Relevant amending instrument is S.I. 2016/242.

(11)

Relevant amending instrument is S.I. 2007/719 and 2015/457.

(12)

Relevant amending instrument is S.I. 2002/2497 and 2015/457.

(13)

Sub-paragraph (7) was added by S.I. 1990/1776 and 2015/457.

(14)

Sub-paragraph (8) was added by S.I. 2000/2629 and amended by S.I. 2003/455 and 2015/457.

(15)

Regulation 22A was inserted by S.I. 1996/206 and paragraph (1) was amended by S.I. 1999/2422 and 3109, 2001/3767 and 2007/2618.

(16)

Schedule 3 was substituted by S.I. 1995/1613.

(17)

Paragraph 6 was revoked by S.I. 2015/1647 but is saved by regulation 8 of that instrument.

(18)

Paragraph 7 was revoked by S.I. 2015/1647 but is saved by regulation 8 of that instrument.

(19)

Paragraph 10 was substituted by S.I. 2001/3651 and amended by S.I. 2004/2825.

(20)

See S.I. 2008/3195 which modifies paragraph 11(5) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

(21)

Paragraph 11(11) was inserted by S.I. 1995/2927.

(22)

Relevant amending instruments are S.I. 2004/2825, 2010/1811 and 2014/591.

(23)

Paragraph 2A was substituted by S.I. 2005/3360.

(24)

Relevant amending instrument is S.I. 2000/636.

(25)

Relevant amending instruments are S.I. 2006/718 and 2015/457.

(26)

Relevant amending instrument is S.I. 2015/1754.

(27)

Relevant amending instrument is S.I. 2016/242.

(28)

Relevant amending instruments are S.I. 2006/718 and 2015/457.

(29)

Relevant amending instrument is S.I. 2015/1754.

(30)

Relevant amending instruments are S.I. 1996/2545, 1999/2555, 2006/718 and 2015/457.

(31)

Relevant amending instruments are S.I. 2009/1488 and 2016/242.

(32)

Relevant amending instrument is S.I. 2007/719 and 2015/457.

(33)

Sub-paragraph (9) was added by S.I. 2000/2629 and amended by S.I. 2003/455 and 2015/457.

(34)

Part IVB was inserted by S.I. 2000/1978.

(35)

Relevant amending instruments are S.I. 2009/1488 and 2016/242.

(36)

Relevant amending instruments are S.I. 2007/719 and 2016/242.

(37)

Relevant amending instrument is S.I. 2007/719 and 2015/457.

(38)

Relevant amending instruments are S.I. 2001/518, 2003/511 and 2015/457.

(39)

Sub-paragraph (6) was added by S.I. 2000/2629 and amended by S.I. 2015/457.

(40)

Relevant amending instrument is S.I. 1996/1516.

(41)

Regulation 146G was inserted by S.I. 2000/1978.

(42)

Paragraph 6 was revoked by S.I. 2015/1647 but is saved by regulation 8 of that instrument.

(43)

Paragraph 9 was substituted by S.I. 2001/3651 and amended by S.I. 2004/2825.

(44)

See S.I. 2008/3195 which modifies paragraph 10(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

(45)

Relevant amending instruments are S.I. 2004/2825, 2007/3183, 2008/3195, 2010/1811 and 2014/591.

(46)

Relevant amending instrument is S.I. 2000/636.

(47)

Schedule 5A was inserted by S.I. 2000/1978.

(48)

See S.I. 2008/3195 which modifies paragraph 8(2) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

(49)

Relevant amending instrument is S.I. 2007/2618.

(50)

Paragraph 9 was substituted by S.I. 2004/2825 and amended by S.I. 2007/3183, 2008/3195, 2010/1811 and 2014/591.

(51)

Paragraph 2 was substituted by S.I. 2005/3360 and sub-paragraph (2) was amended by S.I. 2006/588.

(52)

Relevant amending instrument is S.I. 2016/242.

(53)

Relevant amending instrument is S.I. 2008/2428 and 2015/457.

(54)

Relevant amending instrument is S.I. 2008/2428 and 2015/457.

(55)

Paragraph 8 was revoked by S.I. 2015/1647 but is saved by regulation 8 of that instrument.

(56)

See S.I. 2008/3195 which modifies paragraph 12(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

(57)

Relevant amending instruments are S.I. 2008/3195, 2010/1811 and 2014/591.

(58)

Regulation 34A was inserted by S.I. 2014/2887.

(59)

Relevant amending instrument is S.I. 2013/1508.

(60)

Relevant amending instrument is S.I. 2013/1508.