The Social Security Benefits Up-rating Order 2023

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

Yn ddilys o 10/04/2023

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)(1), 18(1)(c) and 21(1)(2); and

(b) paragraphs 13A(2)(a)(3) and 14(2)(a)(4) 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(5) shall be as set out in Schedule 2 to this Order; and

(b) in paragraph 2(1)(6), 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(7) (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(8) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3(9) (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

I1 Art. 21 comes into force in accordance with art. 1(3)(i)

Yn ddilys o 10/04/2023

Income Support Transitional Protection E+W+S

22.  It is directed(10) that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(11) (special transitional addition) shall be increased by 10.1 per cent.

Commencement Information

I2 Art. 22 comes into force in accordance with art. 1(3)(i)

Yn ddilys o 10/04/2023

The relevant sum for Income Support E+W+S

23.  In section 126(7) of the Contributions and Benefits Act(12) (trade disputes: the relevant sum) for “£42.50” substitute “£47.00”.

Commencement Information

I3 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(13) (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(14) (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(15) (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(16) shall be as set out in Schedule 4 to this Order; and

(b) in paragraph 2(1)(17), 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(18)—

(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(19) (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(20), for “£30.60” substitute “£33.70”; and

(b) in paragraph 26(21) for “£40.60” substitute “£44.70”.

(10) In paragraph 17(1)(22) 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

I4 Art. 24 in force at 1.4.2023 for specified purposes, see art. 1(3)(j)

I5 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(23) (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(24) (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(25) (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(26) shall be as set out in Schedule 6 to this Order; and

(b) in paragraph 2(1)(27), 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(28) (amounts to be disregarded in the calculation of income other than earnings) “£17.10” remains unchanged.

Commencement Information

I6 Art. 25 in force at 1.4.2023 for specified purposes, see art. 1(3)(j)

I7 Art. 25 in force at 3.4.2023 in so far as not already in force, see art. 1(3)(j)

(1)

Regulations 17(1)(b) and 18(1)(c) were omitted by S.I. 2003/455. Regulation 7 of that S.I. (as amended by S.I. 2005/2294) makes transitional arrangements in connection with the introduction of tax credits.

(2)

Relevant amending instruments are S.I. 1994/527, 1996/206 and 2431, 2000/636, 2001/3767 and 2003/455.

(3)

Paragraph 13A was inserted by S.I. 2000/2629 and amended by S.I. 2002/3019, 2003/455, 2007/719 and 2011/674 and 2425.

(4)

Relevant amending instruments are S.I. 2007/719 and 2011/674.

(5)

Relevant amending instruments are S.I. 1990/1168, 1996/206, 2007/719, 2010/641 and 2022/292.

(6)

Relevant amending instruments are S.I. 1996/2545, 1999/2555, 2003/455, 2006/718 and 2022/292.

(7)

Relevant amending instruments are S.I. 1996/1803, 1998/766, 2003/455, 2014/516 and 2022/292.

(8)

Relevant amending instruments are S.I. 1990/1776, 1996/1803, 2000/2629, 2002/2497 and 3019, 2007/719, 2015/457 and 2022/292.

(9)

Schedule 3 was substituted by S.I. 1995/1613. Relevant amending instruments are S.I. 1995/2927, 1996/2518, 1999/3178, 2004/2327 and 2022/292.

(10)

See section 151(6) of the Administration Act.

(11)

S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626, 1991/1600 and 2022/292.

(12)

See section 126(8) of the Contributions and Benefits Act. Relevant amending instrument is S.I. 2022/292.

(13)

Regulation 74 was substituted by S.I. 2007/2868. Relevant amending instrument is S.I. 2022/292.

(14)

Relevant amending instrument is S.I. 2022/292.

(15)

Relevant amending instrument is S.I. 2022/292.

(16)

Relevant amending instruments are S.I. 2015/30, 2017/376 and 2022/292.

(17)

Relevant amending instruments are S.I. 2006/718 and 2022/292.

(18)

S.I. 2015/1857. Part 2 of Schedule 3 was omitted by regulation 2 of that S.I. subject to transitional arrangements in regulation 4.

(19)

Part 6 was inserted by S.I. 2008/1082 (as amended by S.I. 2008/2428) and amended by S.I. 2017/204.

(20)

S.I. 2017/204. Paragraph 25 was revoked by paragraph 6 of Schedule 1 to that S.I. but the revocation does not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to that S.I. apply. Relevant amending instrument is S.I. 2022/292.

(21)

Relevant amending instrument is S.I. 2022/292.

(22)

Relevant amending instruments are S.I. 2009/2608 and 2010/793.

(23)

Regulation 55 was substituted by S.I. 2007/2869. Relevant amending instrument is S.I. 2022/292.

(24)

Relevant amending instrument is S.I. 2022/292.

(25)

Relevant amending instrument is S.I. 2022/292.

(26)

Relevant amending instruments are S.I. 2017/1187, 2021/162 and 188 and 2022/292.

(27)

Relevant amending instruments are S.I. 2006/718 and 2022/292.

(28)

Relevant amending instruments are S.I. 2008/3157 and 2010/793.