The Social Security Benefits Up-rating Order 2023

PART 1 E+W+S INTRODUCTION

Citation, extent, commencement and effect E+W+S

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2023.

(2) This Order extends to England and Wales and Scotland, save for the following provisions which extend to England and Wales only—

(a) paragraphs (3) and (5) in so far as they provide for the coming into force dates for the provisions mentioned in sub-paragraphs (b) to (f) of this paragraph;

(b) article 3, in so far as it either states or increases the sums specified in—

(i) Part III of Schedule 4 to the Contributions and Benefits Act for attendance allowance, severe disablement allowance, age related addition and carer’s allowance;

(ii) Part IV of Schedule 4 to that Act for the increase for a qualifying child payable with severe disablement allowance and with carer’s allowance and for the increase for an adult dependant payable with severe disablement allowance;

(iii) Part V of Schedule 4 to that Act;

(c) article 7, in so far as it specifies the taking into effect dates for the provision made in article 3 as to the sums specified in the provisions referred to in sub-paragraph (b) of this paragraph;

(d) article 8, in so far as it states the earnings limits in respect of child dependency increases payable with severe disablement allowance;

(e) article 15; and

(f) article 16.

(3) Subject to paragraphs (4) and (5), this Order shall come into force for the purposes of—

(a) this article and articles 2 and 7, on 1st April 2023;

(b) article 3—

(i) in so far as it relates to any increase to which article 7(9)(b) applies, on 1st April 2023; and

(ii) for all other purposes, on 10th April 2023;

(c) articles 4, 5, 6, 12, 13, 14, 15, 16, 19 and 20, on 10th April 2023;

(d) 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 2023, 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;

(e) article 9, on 6th April 2023;

(f) article 10, on 2nd April 2023, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1)(1) of the Contributions and Benefits Act (appropriate weekly rate of maternity allowance under section 35), for which purpose it shall come into force on 10th April 2023;

(g) article 11, on 2nd April 2023;

(h) articles 17 and 18, on 13th April 2023;

(i) articles 21, 22 and 23, 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 10th April 2023, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

(j) articles 24 and 25, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 3rd April 2023, and in relation to any other case, on 1st April 2023;

(k) articles 26, 27 and 28, 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 10th April 2023, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the JSA Regulations 1996;

(l) article 29, 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 10th April 2023, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the JSA Regulations 2013;

(m) article 30, 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 10th April 2023, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations;

(n) article 31, 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 10th April 2023, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the ESA Regulations 2008;

(o) article 32, 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 10th April 2023, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the ESA Regulations 2013;

(p) article 33, in so far as it relates to a particular beneficiary, on the first day of the first assessment period to commence for that beneficiary on or after 10th April 2023(2), and for the purpose of this sub-paragraph “assessment period” has the same meaning as in section 7(2) of the Welfare Reform Act 2012(3); and

(q) article 34, on 9th May 2023.

(4) In so far as articles 3, 4, 5, 6, 10, 12, 13, 14, 17, 18, 19, 29 and 32 relate to a beneficiary in favour of whom an award of universal credit is in force, those articles shall come into force for the purposes of determining the beneficiary’s unearned income in relation to that award on the same day as article 33 comes into force for that beneficiary.

(5) The changes made in the sums specified for rates or amounts of benefit in—

(a) articles 3, 4, 5, 6, 12, 13 and 14; and

(b) article 26(b), in so far as that sum is 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,

shall take effect for each case on the date specified in relation to that case in article 7.

Commencement Information

I1 Art. 1 in force at 1.4.2023, see art. 1(3)(a)

Interpretation E+W+S

2.  In this Order—

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996(4);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(5);

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

“the ESA Regulations 2013” means the Employment and Support Allowance Regulations 2013(7);

“the ESA and UC Regulations 2017” means the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017(8);

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006(9);

“the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(10);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(11);

“the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations 1996(12);

“the JSA Regulations 2013” means the Jobseeker’s Allowance Regulations 2013(13);

“the Pensions Act” means the Pensions Act 2014(14);

“the Pension Schemes Act” means the Pension Schemes Act 1993(15);

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002(16); and

“the Universal Credit Regulations” means the Universal Credit Regulations 2013(17).

Commencement Information

I2 Art. 2 in force at 1.4.2023, see art. 1(3)(a)

PART 2 E+W+S SOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act E+W+S

3.—(1) The sums specified in paragraph (2) shall be increased 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 sum specified for 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 and death benefit allowance in respect of children and qualifying young persons(18).

Commencement Information

I3 Art. 3 in force at 1.4.2023 for specified purposes (subject to art. 1(4)), see art. 1(3)(b)(i)(4)

I4 Art. 3 in force at 10.4.2023 in so far as not already in force (subject to art. 1(4)), see art. 1(3)(b)(ii)(4)

Increase in rates or amounts of certain pensions and allowances under the Contributions and Benefits Act E+W+S

4.—(1) 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 10.1 per cent.

(2) In section 44(4) of the Contributions and Benefits Act(19) (basic pension in a Category A retirement pension)—

(a) for “£113.45” substitute “£124.90”; and

(b) for “£141.85” substitute “£156.20”.

(3) It is directed(20) 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 2022-2023;

(b) increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(21) (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(22) 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) sums payable to a pensioner as part of their Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975(23), section 63 of the Social Security Act 1986(24) or section 150 of the Social Security Administration Act 1992 by virtue of subsection (1)(e),

shall in each case be increased by 10.1 per cent.

(4) The sums which, under—

(a) section 55A and 55AA of the Contributions and Benefits Act(25), are shared additional pensions; and

(b) paragraph 2 of Schedule 5A to the Contributions and Benefits Act(26), are increases in the rates of such pensions,

shall in each case be increased by 10.1 per cent.

Commencement Information

I5 Art. 4 in force at 10.4.2023 (subject to art. 1(4)), see art. 1(3)(c)(4)

Increase in rates or amount of certain benefits under the Pension Schemes Act E+W+S

5.  It is directed(27) that the sums which are payable by virtue of section 15(1) of the Pension Schemes Act (increase of guaranteed minimum where commencement of guaranteed minimum pension postponed) 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)(28) and (3) of that Act) shall be increased by—

(a) 10.1 per cent where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years(29); and

(b) 7.1 per cent where the increase under section 15(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.

Commencement Information

I6 Art. 5 in force at 10.4.2023 (subject to art. 1(4)), see art. 1(3)(c)(4)

Increase in rates or amounts of certain pensions under Part 1 of the Pensions Act E+W+S

6.—(1) In regulation 1A of the State Pension Regulations 2015(30) (full rate of state pension) for “£185.15” substitute “£203.85”.

(2) It is directed(31) that the sums which are increases under section 17 of the Pensions Act in the rates of state pensions under Part 1 of that Act shall be increased by 10.1 per cent.

(3) The amounts which, under—

(a) section 9 of the Pensions Act, are survivor’s pensions based on inheritance of deferred old state pension;

(b) paragraph 4(3) of Schedule 2 to the Pensions Act, are the amounts of state pensions under Part 1 of the Pensions Act at the transitional rate which exceed the full rate;

(c) paragraphs 5(3) and 6 of Schedule 4 to the Pensions Act, are the amounts of survivor’s pensions which either alone or in combination with one or more other pensions under Part 1 of that Act exceed the full rate; and

(d) paragraphs 5(3) and 6 of Schedule 9 to the Pensions Act, are the amounts of shared state pensions under Part 1 of the Pensions Act which either alone or in combination with one or more other pensions under Part 1 of that Act exceed the full rate,

shall in each case be increased by 10.1 per cent.

(4) For the purpose of this article, “old state pension” has the same meaning as in section 22 of the Pensions Act.

Commencement Information

I7 Art. 6 in force at 10.4.2023 (subject to art. 1(4)), see art. 1(3)(c)(4)

Dates on which sums specified for rates or amounts of benefits in articles 3, 4, 5, 6, 12, 13 and 14 are changed by this Order E+W+S

7.—(1) Paragraph (7), which is subject to the provisions of paragraph (9), and paragraphs (2) to (6), (8), (10) and (11) specify the date on which the changes made by this Order in the sums specified for rates or amounts of benefit in articles 3, 4, 5, 6, 12, 13 and 14 shall take effect for each case.

(2) Any increases in the sums mentioned in articles 3, 4, 12 and 13 for Category A, Category B, Category C and Category D retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 10th April 2023.

(3) The increases in the sums mentioned in article 5 shall take effect on 10th April 2023.

(4) Any increases in the sums specified for the rate of—

(a) attendance allowance, and

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

shall take effect on 10th April 2023.

(5) 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

(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 paragraphs (i), (ii) and (iv) of sub-paragraph (a) in respect of dependants; and

(ii) disablement pension,

shall take effect on 12th April 2023.

(6) 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(32) by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which the person was previously entitled, any increase in such sum shall take effect on 10th April 2023.

(7) 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 on 13th April 2023.

(8) 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 12th April 2023.

(9) Any increase in the sum specified in article 26(b) of this Order, in so far as that sum is 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(33), 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 10th April 2023; and

(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 2023,

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

(10) Any increases in the sums mentioned in article 6 for state pension under Part 1 of the Pensions Act shall take effect on 10th April 2023.

(11) The increase in the sum mentioned in article 14 shall take effect on 10th April 2023.

Commencement Information

I8 Art. 7 in force at 1.4.2023, see art. 1(3)(a)

Earnings Limits E+W+S

8.  In section 80(4) of the Contributions and Benefits Act(34) (earnings limits in respect of child dependency increases)—

(a) for “£255.00”, in both places where it occurs, substitute “£280.00”; and

(b) for “£34.00” substitute “£37.00”.

Commencement Information

I9 Art. 8 comes into force in accordance with art. 1(3)(d)

Statutory Sick Pay E+W+S

9.  In section 157(1) of the Contributions and Benefits Act(35) (rate of payment of statutory sick pay) for “£99.35” substitute “£109.40”.

Commencement Information

I10 Art. 9 in force at 6.4.2023, see art. 1(3)(e)

Statutory Maternity Pay E+W+S

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(36) (prescribed rate of statutory maternity pay) for “£156.66” substitute “£172.48”.

Commencement Information

I11 Art. 10 in force at 2.4.2023 for specified purposes (subject to art. 1(4)), see art. 1(3)(f)(4)

I12 Art. 10 in force at 10.4.2023 in so far as not already in force (subject to art. 1(4)), see art. 1(3)(f)(4)

Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay E+W+S

11.—(1) In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002(37)—

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£156.66” substitute “£172.48”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£156.66” substitute “£172.48”.

(2) In regulation 40(1)(a) of the Statutory Shared Parental Pay (General) Regulations 2014(38) (weekly rate of payment of statutory shared parental pay) for “£156.66” substitute “£172.48”.

(3) In regulation 20(1)(a) of the Statutory Parental Bereavement Pay (General) Regulations 2020(39) (weekly rate of payment) for “£156.66” substitute “£172.48”.

Commencement Information

I13 Art. 11 in force at 2.4.2023, see art. 1(3)(g)

Increase in rate of graduated retirement benefit E+W+S

12.—(1) In section 36(1) of the National Insurance Act 1965(40) (graduated retirement benefit)—

(a) the sum of “14.92” pence shall be increased by 10.1 per cent; and

(b) the reference to that sum shall have effect as a reference to “16.43” 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(41) (increases for deferred retirement) shall be increased by 10.1 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(42) (increases of graduated retirement benefit and lump sums) shall be increased by 10.1 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 10.1 per cent.

Commencement Information

I14 Art. 12 in force at 10.4.2023 (subject to art. 1(4)), see art. 1(3)(c)(4)

Increase in amount of Category C retirement pension under the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 E+W+S

13.  In regulation 11(3) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(43) (Category C retirement pension for widows of men over pensionable age on 5th July 1948) for “£85.00” substitute “£93.60”.

Commencement Information

I15 Art. 13 in force at 10.4.2023 (subject to art. 1(4)), see art. 1(3)(c)(4)

Maximum additional pension E+W+S

14.  In regulation 3A of the Social Security (Maximum Additional Pension) Regulations 2010(44) (prescribed maximum additional pension for survivors who become entitled on or after 6th April 2016) for “£185.90” substitute “£204.68”.

Commencement Information

I16 Art. 14 in force at 10.4.2023 (subject to art. 1(4)), see art. 1(3)(c)(4)

Increase in rates of Disability Living Allowance E+W+S

15.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(45) (rate of benefit)—

(a) in paragraph (1)(a) for “£92.40” substitute “£101.75”;

(b) in paragraph (1)(b) for “£61.85” substitute “£68.10”;

(c) in paragraph (1)(c) for “£24.45” substitute “£26.90”;

(d) in paragraph (2)(a) for “£64.50” substitute “£71.00”; and

(e) in paragraph (2)(b) for “£24.45” substitute “£26.90”.

Commencement Information

I17 Art. 15 in force at 10.4.2023, see art. 1(3)(c)

Increase in rates of Personal Independence Payment E+W+S

16.  In regulation 24 of the Social Security (Personal Independence Payment) Regulations 2013(46) (rate of personal independence payment)—

(a) in paragraph (1)(a) for “£61.85” substitute “£68.10”;

(b) in paragraph (1)(b) for “£92.40” substitute “£101.75”;

(c) in paragraph (2)(a) for “£24.45” substitute “£26.90”; and

(d) in paragraph (2)(b) for “£64.50” substitute “£71.00”.

Commencement Information

I18 Art. 16 in force at 10.4.2023, see art. 1(3)(c)

Rates of age addition E+W+S

17.—(1) Subject to paragraph (2), in regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994(47) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a) in sub-paragraph (a) for “£24.15” substitute “£26.60”; and

(b) in sub-paragraph (b) for “£12.10” substitute “£13.30”.

(2) In the case of a claimant entitled to long-term incapacity benefit who was subject to regulation 2(3) of the Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008(48) the sums specified in regulation 10(2)(a) and (b) of the Social Security (Incapacity Benefit) Regulations 1994 shall be increased to “£13.80” and “£7.65” respectively.

Commencement Information

I19 Art. 17 in force at 13.4.2023 (subject to art. 1(4)), see art. 1(3)(h)(4)

Rates of transitional invalidity allowance E+W+S

18.—(1) Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(49) (rate of long-term incapacity benefit in transitional cases)—

(a) in sub-paragraph (a) for “£24.15” substitute “£26.60”;

(b) in sub-paragraph (b) for “£15.50” substitute “£17.10”; and

(c) in sub-paragraph (c) for “£7.75” substitute “£8.55”.

(2) In the case of a claimant entitled to long-term incapacity benefit who was subject to regulation 2(3) of the Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008 the sums specified in regulation 18(2)(a), (b) and (c) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 shall be increased to “£13.80”, “£7.65” and “£7.65” respectively.

Commencement Information

I20 Art. 18 in force at 13.4.2023 (subject to art. 1(4)), see art. 1(3)(h)(4)

Rates of bereavement benefits E+W+S

19.  In the Rate of Bereavement Benefits Regulations 2010(50)—

(a) in regulation 2 (rate of widowed mother’s allowance and widow’s pension) for “£126.35” substitute “£139.10”; and

(b) in regulation 3 (rate of widowed parent’s allowance) for “£126.35” substitute “£139.10”.

Commencement Information

I21 Art. 19 in force at 10.4.2023 (subject to art. 1(4)), see art. 1(3)(c)(4)

Rates of bereavement support payment E+W+S

20.  In regulation 3 of the Bereavement Support Payment Regulations 2017(51) (rate of bereavement support payment)—

(a) in paragraph (1) “£350” remains unchanged;

(b) in paragraph (2) “£3,500” remains unchanged;

(c) in paragraph (4) “£100” remains unchanged; and

(d) in paragraph (5) “£2,500” remains unchanged.

Commencement Information

I22 Art. 20 in force at 10.4.2023, see art. 1(3)(c)

PART 3 E+W+S INCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for Income Support E+W+S

21.—(1) Unless stated otherwise, any reference in this article to a numbered regulation or Schedule is a reference to the regulation of, or the Schedule to, the Income Support Regulations bearing that number.

(2) In—

(a) regulations 17(1)(b)(52), 18(1)(c) and 21(1)(53); and

(b) paragraphs 13A(2)(a)(54) and 14(2)(a)(55) of Part III of Schedule 2,

the sum specified is in each case £3,000 (which remains unchanged).

(3) In Part I of Schedule 2 (applicable amounts: personal allowances)—

(a) the sums specified in paragraph 1(56) shall be as set out in Schedule 2 to this Order; and

(b) in paragraph 2(1)(57), in sub-paragraphs (a) and (b) of column (2) of the table for “£70.80” substitute “£77.78”.

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

(a) in sub-paragraph (1)(a) for “£17.85” substitute “£18.53”; and

(b) in sub-paragraph (1)(b) for “£17.85” substitute “£18.53”.

(5) The sums specified in Part IV of Schedule 2(59) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3(60) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£106.05” substitute “£116.75”;

(b) in sub-paragraph (1)(b) for “£16.45” substitute “£18.10”;

(c) in sub-paragraph (2)(a) for “£154.00” substitute “£162.00”;

(d) in sub-paragraph (2)(b)—

(i) for “£37.80” substitute “£41.60”;

(ii) for “£154.00” substitute “£162.00”; and

(iii) for “£224.00” substitute “£236.00”;

(e) in sub-paragraph (2)(c)—

(i) for “£51.85” substitute “£57.10”;

(ii) for “£224.00” substitute “£236.00”; and

(iii) for “£292.00” substitute “£308.00”;

(f) in sub-paragraph (2)(d)—

(i) for “£84.85” substitute “£93.40”;

(ii) for “£292.00” substitute “£308.00”; and

(iii) for “£389.00” substitute “£410.00”; and

(g) in sub-paragraph (2)(e)—

(i) for “£96.60” substitute “£106.35”;

(ii) for “£389.00” substitute “£410.00”; and

(iii) for “£484.00” substitute “£511.00”.

Commencement Information

I23 Art. 21 comes into force in accordance with art. 1(3)(i)

Income Support Transitional Protection E+W+S

22.  It is directed(61) that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(62) (special transitional addition) shall be increased by 10.1 per cent.

Commencement Information

I24 Art. 22 comes into force in accordance with art. 1(3)(i)

The relevant sum for Income Support E+W+S

23.  In section 126(7) of the Contributions and Benefits Act(63) (trade disputes: the relevant sum) for “£42.50” substitute “£47.00”.

Commencement Information

I25 Art. 23 comes into force in accordance with art. 1(3)(i)

Housing Benefit E+W+S

24.—(1) Unless stated otherwise, any reference in this article to a numbered regulation or Schedule is a reference to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.

(2) 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” remains unchanged.

(3) In regulation 74(64) (non-dependant deductions)—

(a) in paragraph (1)(a) for “£106.05” substitute “£116.75”;

(b) in paragraph (1)(b) for “£16.45” substitute “£18.10”;

(c) in paragraph (2)(a) for “£154.00” substitute “£162.00”;

(d) in paragraph (2)(b)—

(i) for “£37.80” substitute “£41.60”;

(ii) for “£154.00” substitute “£162.00”; and

(iii) for “£224.00” substitute “£236.00”;

(e) in paragraph (2)(c)—

(i) for “£51.85” substitute “£57.10”;

(ii) for “£224.00” substitute “£236.00”; and

(iii) for “£292.00” substitute “£308.00”;

(f) in paragraph (2)(d)—

(i) for “£84.85” substitute “£93.40”;

(ii) for “£292.00” substitute “£308.00”; and

(iii) for “£389.00” substitute “£410.00”; and

(g) in paragraph (2)(e)—

(i) for “£96.60” substitute “£106.35”;

(ii) for “£389.00” substitute “£410.00”; and

(iii) for “£484.00” substitute “£511.00”.

(4) In paragraph 2 of Part 1 of Schedule 1(65) (ineligible service charges), for “£30.10”, “£30.10”, “£15.25”, “£20.05”, “£20.05”, “£10.05” and “£3.70” substitute “£33.15”, “£33.15”, “£16.80”, “£22.10”, “£22.10”, “£11.05” and “£4.05” respectively.

(5) In paragraph 6 of Part 2 of Schedule 1(66) (payments in respect of fuel charges)—

(a) in sub-paragraph (2)(a) “£35.25” remains unchanged;

(b) in sub-paragraph (2)(b) and (d) “£4.10” remains unchanged; and

(c) in sub-paragraph (2)(c) “£2.85” remains unchanged.

(6) In Part 1 of Schedule 3 (applicable amounts: personal allowances)—

(a) the sums specified in paragraph 1(67) shall be as set out in Schedule 4 to this Order; and

(b) in paragraph 2(1)(68), in sub-paragraphs (a) and (b) of column (2) of the table for “£70.80” substitute “£77.78”.

(7) In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium) as it has effect in a case falling within regulation 4 of the Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations 2015(69)—

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

(b) in sub-paragraph (1)(b) for “£17.85” substitute “£18.53”.

(8) The sums specified in Part 4 of Schedule 3 (applicable amounts: premiums) shall be as set out in Schedule 5 to this Order.

(9) In Part 6 of Schedule 3(70) (amount of component)—

(a) in paragraph 25, as it has effect in cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017(71), for “£30.60” substitute “£33.70”; and

(b) in paragraph 26(72) for “£40.60” substitute “£44.70”.

(10) In paragraph 17(1)(73) and (3)(c) of Schedule 4 (sums to be disregarded in the calculation of earnings) “£17.10” remains unchanged.

(11) In paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) “£17.10” remains unchanged.

Commencement Information

I26 Art. 24 in force at 1.4.2023 for specified purposes, see art. 1(3)(j)

I27 Art. 24 in force at 3.4.2023 in so far as not already in force, see art. 1(3)(j)

Housing Benefit for certain persons over the qualifying age for State Pension Credit E+W+S

25.—(1) Unless stated otherwise, any reference in this article to a numbered regulation or Schedule is a reference to the regulation of, or the Schedule to, the Housing Benefit (SPC) Regulations bearing that number.

(2) 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.

(3) In regulation 55(74) (non-dependant deductions)—

(a) in paragraph (1)(a) for “£106.05” substitute “£116.75”;

(b) in paragraph (1)(b) for “£16.45” substitute “£18.10”;

(c) in paragraph (2)(a) for “£154.00” substitute “£162.00”;

(d) in paragraph (2)(b)—

(i) for “£37.80” substitute “£41.60”;

(ii) for “£154.00” substitute “£162.00”; and

(iii) for “£224.00” substitute “£236.00”;

(e) in paragraph (2)(c)—

(i) for “£51.85” substitute “£57.10”;

(ii) for “£224.00” substitute “£236.00”; and

(iii) for “£292.00” substitute “£308.00”;

(f) in paragraph (2)(d)—

(i) for “£84.85” substitute “£93.40”;

(ii) for “£292.00” substitute “£308.00”; and

(iii) for “£389.00” substitute “£410.00”; and

(g) in paragraph (2)(e)—

(i) for “£96.60” substitute “£106.35”;

(ii) for “£389.00” substitute “£410.00”; and

(iii) for “£484.00” substitute “£511.00”.

(4) In paragraph 2 of Part 1 of Schedule 1(75) (ineligible service charges), for “£30.10”, “£30.10”, “£15.25”, “£20.05”, “£20.05”, “£10.05” and “£3.70” substitute “£33.15”, “£33.15”, “£16.80”, “£22.10”, “£22.10”, “£11.05” and “£4.05” respectively.

(5) In paragraph 6 of Part 2 of Schedule 1(76) (payments in respect of fuel charges)—

(a) in sub-paragraph (2)(a) “£35.25” remains unchanged;

(b) in sub-paragraph (2)(b) and (d) “£4.10” remains unchanged; and

(c) in sub-paragraph (2)(c) “£2.85” remains unchanged.

(6) In Part 1 of Schedule 3 (applicable amounts: personal allowances)—

(a) the sums specified in paragraph 1(77) shall be as set out in Schedule 6 to this Order; and

(b) in paragraph 2(1)(78), in sub-paragraphs (a) and (b) of column (2) of the table for “£70.80” substitute “£77.78”.

(7) In paragraph 3(1) of Part 2 of Schedule 3 (applicable amounts: family premium) as it has effect in a case falling within regulation 4 of the Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations 2015 for “£17.85” substitute “£18.53”.

(8) 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 7 to this Order.

(9) In paragraph 9(1) and (3)(c) of Schedule 4 (sums disregarded from claimant’s earnings) “£17.10” remains unchanged.

(10) In paragraph 21 of Schedule 5(79) (amounts to be disregarded in the calculation of income other than earnings) “£17.10” remains unchanged.

Commencement Information

I28 Art. 25 in force at 1.4.2023 for specified purposes, see art. 1(3)(j)

I29 Art. 25 in force at 3.4.2023 in so far as not already in force, see art. 1(3)(j)

PART 4 E+W+S JOBSEEKER’S ALLOWANCE

Increase in age-related amounts of contribution-based Jobseeker’s Allowance E+W+S

26.  In regulation 79(1) of the JSA Regulations 1996(80) (weekly amounts of contribution-based jobseeker’s allowance)—

(a) in sub-paragraph (a) for “£61.05” substitute “£67.20”; and

(b) in sub-paragraph (c) for “£77.00” substitute “£84.80”.

Commencement Information

I30 Art. 26 comes into force in accordance with art. 1(3)(k)

Applicable amounts for Jobseeker’s Allowance E+W+S

27.—(1) Unless stated otherwise, any reference in this article to a numbered regulation or Schedule is a reference to the regulation of, or the Schedule to, the JSA Regulations 1996 bearing that number.

(2) In—

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

(b) paragraphs 15A(2)(a)(82) and 16(2)(a)(83) of Part III of Schedule 1,

the sum specified is in each case £3,000 (which remains unchanged).

(3) In Part 1 of Schedule 1 (applicable amounts: personal allowances)—

(a) the sums specified in paragraph 1(84) shall be as set out in Schedule 8 to this Order; and

(b) in paragraph 2(1)(85) in sub-paragraphs (a) and (b) of column (2) of the table for “£70.80” substitute “£77.78”.

(4) In paragraph 4 of Part II of Schedule 1(86) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) for “£17.85” substitute “£18.53”; and

(b) in sub-paragraph (1)(b) for “£17.85” substitute “£18.53”.

(5) The sums specified in Part IV of Schedule 1(87) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 9 to this Order.

(6) The sums specified in Part IVB of Schedule 1(88) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 10 to this Order.

(7) In paragraph 17 of Schedule 2(89) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£106.05” substitute “£116.75”;

(b) in sub-paragraph (1)(b) for “£16.45” substitute “£18.10”;

(c) in sub-paragraph (2)(a) for “£154.00” substitute “£162.00”;

(d) in sub-paragraph (2)(b)—

(i) for “£37.80” substitute “£41.60”;

(ii) for “£154.00” substitute “£162.00”; and

(iii) for “£224.00” substitute “£236.00”;

(e) in sub-paragraph (2)(c)—

(i) for “£51.85” substitute “£57.10”;

(ii) for “£224.00” substitute “£236.00”; and

(iii) for “£292.00” substitute “£308.00”;

(f) in sub-paragraph (2)(d)—

(i) for “£84.85” substitute “£93.40”;

(ii) for “£292.00” substitute “£308.00”; and

(iii) for “£389.00” substitute “£410.00”; and

(g) in sub-paragraph (2)(e)—

(i) for “£96.60” substitute “£106.35”;

(ii) for “£389.00” substitute “£410.00”; and

(iii) for “£484.00” substitute “£511.00”.

Commencement Information

I31 Art. 27 comes into force in accordance with art. 1(3)(k)

The prescribed sum for the JSA Regulations 1996 E+W+S

28.  In regulation 172 of the JSA Regulations 1996(90) (trade disputes: prescribed sum) for “£42.50” substitute “£47.00”.

Commencement Information

I32 Art. 28 comes into force in accordance with art. 1(3)(k)

Amounts for the JSA Regulations 2013 E+W+S

29.  In regulation 49 of the JSA Regulations 2013(91) (weekly amounts of jobseeker’s allowance)—

(a) in paragraph (1)(a) for “£61.05” substitute “£67.20”; and

(b) in paragraph (1)(b) for “£77.00” substitute “£84.80”.

Commencement Information

I33 Art. 29 in force at 10.4.2023 coming into force in accordanc with art. 1(3)(l) (subject to art. 1(4))), see art. 1(3)(l)

PART 5 E+W+S STATE PENSION CREDIT

State Pension Credit E+W+S

30.—(1) Any reference in this article to a numbered regulation or Schedule is a reference to the regulation of, or the Schedule to, the State Pension Credit Regulations bearing that number.

(2) In regulation 6(92) (amount of the guarantee credit)—

(a) in paragraph (1)(a) for “£278.70” substitute “£306.85”;

(b) in paragraph (1)(b) for “£182.60” substitute “£201.05”;

(c) in paragraph (5)(a) for “£69.40” substitute “£76.40”;

(d) in paragraph (5)(b) for “£138.80” substitute “£152.80”; and

(e) in paragraph (8) for “£38.85” substitute “£42.75”.

(3) In regulation 7(2)(93) (savings credit) for “£158.47” and “£251.70” substitute “£174.49” and “£277.12” respectively.

(4) In paragraph 14 of Schedule II(94) (persons residing with the claimant)—

(a) in sub-paragraph (1)(a) for “£106.05” substitute “£116.75”;

(b) in sub-paragraph (1)(b) for “£16.45” substitute “£18.10”;

(c) in sub-paragraph (2)(a) for “£154.00” substitute “£162.00”;

(d) in sub-paragraph (2)(b)—

(i) for “£37.80” substitute “£41.60”;

(ii) for “£154.00” substitute “£162.00”; and

(iii) for “£224.00” substitute “£236.00”;

(e) in sub-paragraph (2)(c)—

(i) for “£51.85” substitute “£57.10”;

(ii) for “£224.00” substitute “£236.00”; and

(iii) for “£292.00” substitute “£308.00”;

(f) in sub-paragraph (2)(d)—

(i) for “£84.85” substitute “£93.40”;

(ii) for “£292.00” substitute “£308.00”; and

(iii) for “£389.00” substitute “£410.00”; and

(g) in sub-paragraph (2)(e)—

(i) for “£96.60” substitute “£106.35”;

(ii) for “£389.00” substitute “£410.00”; and

(iii) for “£484.00” substitute “£511.00”.

(5) In paragraph 9 of Schedule IIA(95) (additional amount applicable for claimants responsible for a child or qualifying young person)—

(a) in sub-paragraph (1)(a) for “£56.35” substitute “£61.88”; and

(b) in sub-paragraph (1)(b)—

(i) for “£30.58” substitute “£33.67”; and

(ii) for “£95.48” substitute “£104.86”.

(6) In paragraph 10 of Schedule IIA for “£66.85” substitute “£72.31”.

(7) In paragraph 1 of Schedule III(96) (polygamous marriages)—

(a) in sub-paragraph (5), in the substituted paragraph (1) of regulation 6, for “£278.70” and “£96.10” substitute “£306.85” and “£105.80” respectively; and

(b) in sub-paragraph (7), in the substituted paragraph (2) of regulation 7, for “£251.70” substitute “£277.12”.

Commencement Information

I34 Art. 30 comes into force in accordance with art. 1(3)(m)

PART 6 E+W+S EMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for the ESA Regulations 2008 E+W+S

31.—(1) Unless stated otherwise, any reference in this article to a Schedule is a reference to the Schedule to the ESA Regulations 2008 bearing that number.

(2) The sums specified in Part 1 of Schedule 4(97) (prescribed amounts) shall be as set out in paragraph 1 of Schedule 11 to this Order except in cases referred to in paragraph (3).

(3) In cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017, the sums specified in paragraph 1 of Schedule 4 to the ESA Regulations 2008 shall be as set out in paragraph 2 of Schedule 11 to this Order.

(4) The sums specified in Part 3 of Schedule 4(98) (weekly amount of premiums specified in Part 2) shall be as set out in paragraph 1 of Schedule 12 to this Order.

(5) In cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017, the sums specified in paragraph 11(1) of Schedule 4 to the ESA Regulations 2008 shall be as set out in paragraph 2 of Schedule 12 to this Order.

(6) In Part 4 of Schedule 4 (the component)—

(a) in cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017, in paragraph 12 for “£30.60” substitute “£33.70”; and

(b) in paragraph 13(99) for “£40.60” substitute “£44.70”.

(7) In paragraph 19 of Schedule 6(100) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£106.05” substitute “£116.75”;

(b) in sub-paragraph (1)(b) for “£16.45” substitute “£18.10”;

(c) in sub-paragraph (2)(a) for “£154.00” substitute “£162.00”;

(d) in sub-paragraph (2)(b)—

(i) for “£37.80” substitute “£41.60”;

(ii) for “£154.00” substitute “£162.00”; and

(iii) for “£224.00” substitute “£236.00”;

(e) in sub-paragraph (2)(c)—

(i) for “£51.85” substitute “£57.10”;

(ii) for “£224.00” substitute “£236.00”; and

(iii) for “£292.00” substitute “£308.00”;

(f) in sub-paragraph (2)(d)—

(i) for “£84.85” substitute “£93.40”;

(ii) for “£292.00” substitute “£308.00”; and

(iii) for “£389.00” substitute “£410.00”; and

(g) in sub-paragraph (2)(e)—

(i) for “£96.60” substitute “£106.35”;

(ii) for “£389.00” substitute “£410.00”; and

(iii) for “£484.00” substitute “£511.00”.

Commencement Information

I35 Art. 31 comes into force in accordance with art. 1(3)(n)

Prescribed amount for the ESA Regulations 2013 E+W+S

32.—(1) In regulation 62 of the ESA Regulations 2013 (prescribed amounts)—

(a) in paragraph (1)(a) and (b)(i)(101) for “£77.00” substitute “£84.80”;

(b) in paragraph (1)(b)(ii)(102) for “£61.05” substitute “£67.20”; and

(c) in paragraph (2)(103) for “£40.60” substitute “£44.70”.

(2) In regulation 62(2) of the ESA Regulations 2013, as it has effect in cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017(104)—

(a) in sub-paragraph (a) for “£30.60” substitute “£33.70”; and

(b) in sub-paragraph (b) for “£40.60” substitute “£44.70”.

(3) In regulation 62 of the ESA Regulations 2013 as modified by paragraph 12 of Schedule 2 to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010(105) as that paragraph is modified by paragraph 21(10) of Schedule 4 to the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013(106)—

(a) in paragraph (1)(a)(i) and (ii)(aa) for “£77.00” substitute “£84.80”; and

(b) in paragraph (1)(a)(ii)(bb) for “£61.05” substitute “£67.20”.

Commencement Information

I36 Art. 32 in force at 10.4.2023 coming into force in accordance with art. 1(3)(o) (subject to art. 1(4)), see art. 1(3)(o)

PART 7 E+W+S UNIVERSAL CREDIT

Universal Credit E+W+S

33.—(1) In the table in regulation 22 of the Universal Credit Regulations(107) (deduction of income and work allowance)—

(a) for “£573”, in each place where it occurs, substitute “£631”; and

(b) for “£344”, in each place where it occurs, substitute “£379”.

(2) The amounts specified in the table in regulation 36 of the Universal Credit Regulations(108) (table showing amounts of elements) shall be as set out in Schedule 13 to this Order.

(3) In paragraph 14(1) of Schedule 4 to the Universal Credit Regulations(109) (amount of housing cost contributions) for “£77.87” substitute “£85.73”.

Commencement Information

I37 Art. 33 comes into force in accordance with art. 1(3)(p)

Prospective

PART 8 E+W+S REVOCATION

Revocation E+W+S

34.  The Social Security Benefits Up-rating Order 2022(110) is revoked.

Commencement Information

I38 Art. 34 in force at 9.5.2023, see art. 1(3)(q)

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

Guy Opperman

Minister of State

Department for Work and Pensions

14th March 2023

We consent,

Amanda Solloway

Steve Double

Two of the Lords Commissioners of His Majesty’s Treasury

13th March 2023