The Social Security Benefits Up-rating Order (Northern Ireland) 1993

PART I INTRODUCTION

Citation and commencement

1.—(1) This order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 1993 and shall come into operation for the purposes of—

(a) Articles 1, 2 and 21 on 1st April 1993;

(b) Article 10 on 4th April 1993;

(c) Article 9 on 6th April 1993;

(d) Articles 3 to 8 and 11 to 13 on 12th April 1993;

(e) Articles 14, 15 and 20 on 13th April 1993;

(f) Articles 16, 17 and 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 12th April 1993, and for the purposes of this sub-paragraph and sub-paragraph (g) “benefit week” has the same meaning as in the Income Support Regulations;

(g) Article 19(e), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 12th April 1993;

(h) except in a case to which sub-paragraph (g) applies, Article 19 in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 1993, and in relation to any other case, on 1st April 1993.

(2) The increases made by this order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Order shall take effect for each case on the date specified in relation to that case in Article 6 of this order.

Interpretation

2.  In this order, unless the context otherwise requires—

“the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1);

“the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987(2);

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(3);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(4);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(5).

PART II SOCIAL SECURITY BENEFITS

Increase in rates or amounts of certain benefits under the 1992 Act

3.—(1) In this Article “Schedule 4” means Schedule 4 to the 1992 Act.

(2) The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in Article 6 below; and Schedule 4 shall accordingly have effect as set out in Schedule 1 to this order.

(3) The sums mentioned in paragraph (2) above are the sums specified in Parts I, III, IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rate of industrial injuries benefit, respectively), except the sum specified in the said Part III for age addition.

Increase in rates or amounts of certain pensions or allowances under the 1992 Act

4.—(1) The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in Article 6 below.

(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the 1992 Act (calculation of weekly rate of retirement allowance) shall be increased by 3·6 per cent. of their amount apart from this order.

(3) In section 44(4) of the 1992 Act (basic pension of Category A retirement pension)—

(a) for the sum of £51·95 there shall be substituted the sum of £53·80; and

(b) for the sum of £54·15 there shall be substituted the sum of £56·10.

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

(a) the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1992/1993;

(b) the increases in the rates of retirement pensions under Schedule 5 to the 1992 Act (increase of pension where pensioner’s entitlement deferred); and

(c) payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 120 of the 1975 Act(6) or Article 64 of the 1986 Order(7), corresponding to an order made by the Secretary of State under section 126A of the Social Security Act 1975(8) or section 63 of the Social Security Act 1986(9) respectively,

shall in each case be increased by 3·6 per cent. of their amount apart from this order.

Increase in rates or amounts of certain benefits under the Pensions Order

5.—(1) The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in Article 6 below.

(2) Sums which are payable by virtue of Article 37(6) of the Pensions Order(10) (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of Article 38(3) of that Order)(11), shall be increased by—

(a) 3·6 per cent. of their amount apart from this order where the increase under Article 37(6) is attributable to earnings factors for the tax year 1987/1988 and earlier tax years; and

(b) 0·6 per cent, of their amount apart from this order where the increase under Article 37(6) is attributable to earnings factors for the tax year 1988/1989 and subsequent tax years(12).

Dates on which sums specified for rates or amounts of benefit under the I992 Act or the Pensions Order are increased by this order

6.—(1) Paragraphs (2) to (8) of this Article, which are subject to the provisions of paragraph (9) below, specify the date on which the increases made by this order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Order shall take effect for each case.

(2) In relation to the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with sections 25(5), 31(6) or 33(4) of the 1992 Act, the increases in the sums mentioned in Articles 3, 4 and 11 of this order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 15th April 1993 and in relation to all other cases the increases in such sums shall take effect on 12th April 1993.

(3) The increases in the sums mentioned in Articles 4(4)(c) and 5(2) of this order shall take effect on 12th April 1993.

(4) The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance(13) attendance allowance, invalid care allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, and guardian’s allowance shall take effect in all cases on 12th April 1993.

(5) The increases in the sums specified for the rate of invalid care allowance (in a case where the Department has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the 1992 Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the 1992 Act, shall take effect in all cases on 14th April 1993.

(6) 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 50(2) of the 1992 Act, by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 12th April 1993; and where it does not fall to be so increased the sum so specified shall take effect on 15th April 1993.

(7) The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance together with, where appropriate, increases for dependants, shall take effect in all cases on 15th April 1993.

(8) The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the 1992 Act shall take effect on 14th April 1993.

(9) In the case of a person who is subject to the provisions of regulations made under section 71(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (adjustment of benefit for a person undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in Article 4(3)(b) of this order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.

Increase in rate of certain workmen’s compensation in respect of employment before 5th July 1948

7.  With effect from and including 14th April 1993 in paragraph 2(6)(c) of Schedule 8 to the 1992 Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for the sum of £32·55 there shall be substituted the sum of £33·70.

Earnings limits

8.  The sums specified in section 80(4) of the 1992 Act(14) (earnings limits in respect of child dependency increases) shall be increased from £115, £15 and £115 to £120, £16 and £120 respectively.

Statutory sick pay

9.  In section 153(1) of the 1992 Act (relationship between rates of statutory sick pay and employee’s normal weekly earnings) the sums specified in paragraph (a) are £52·50 and £190·00 respectively and the sum specified in paragraph (b) is £45·30.

Statutory maternity pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(15) (lower rate of statutory maternity pay) for the sum of £46·30 there shall be substituted the sum of £47·95.

Increase in rate of graduated retirement benefit and increments thereof

11.—(1) The sum of 7·09 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966(16) (graduated retirement benefit) shall be increased by 3·6 per cent.; and accordingly, from and including 12th April 1993 the reference in that provision to that sum shall have effect as a reference to 7·35 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 (Northern Ireland) 1978(17) (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 3·6 per cent. of their amount apart from this order.

Increase in rates of disability living allowance

12.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(18) (rate of benefit)—

(a) in paragraph (1)(a), for the sum of £43·35 there shall be substituted the sum of £44·90;

(b) in paragraph (1)(b), for the sum of £28·95 there shall be substituted the sum of £30·00;

(c) in paragraph (1)(c), for the sum of £11·55 there shall be substituted the sum of £11·95;

(d) in paragraph (2)(a), for the sum of £30·30 there shall be substituted the sum of £31·40;

(e) in paragraph (2)(b), for the sum of £11·55 there shall be substituted the sum of £11·95.

Sum specified for child benefit

13.  In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976(19) (weekly rates of child benefit)—

(a) in paragraph (1)(a), for the sum of £9·65 there shall be substituted the sum of £10·00;

(6) in paragraph (1)(b), for the sum of £7·80 there shall be substituted the sum of £8·10; and

(c) in paragraph (2), for the sum of £5·85 there shall be substituted the sum of £6·05.

PART III FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT AND H OUSING BENEFIT

Family credit

14.  In the Family Credit Regulations—

(a) in regulation 46(4) (determination of appropriate maximum family credit) the capital sum prescribed is £3,000;

(b) in regulation 46(4), (5) and (6) the amount specified for the credit in respect of a child or young person is nil;

(c) in regulation 47(1) (applicable amount) for the sum of £66·60 there shall be substituted the sum of £69·00; and

(d) in Schedule 4 (determination of maximum family credit) the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this order.

Disability working allowance

15.  In the Disability Working Allowance Regulations—

(a) in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000;

(b) in regulation 51(4), (5) and (6)) the amount specified for the allowance in respect of a child or young person is nil;

(c) in regulation 52 (applicable amount)—

(i) in paragraph (1)(a) for the sum of £39·95 there shall be substituted the sum of £41·40;

(ii) in paragraph (1)(b) for the sum of £66·60 there shall be substituted the sum of £69·00; and

(d) in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this order.

Applicable amounts for income support

16.—(1) As from 12th April 1993 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this Article and the Schedules thereto; and for this purpose references in this Article to numbered regulations or Schedules are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Income Support Regulations bearing those numbers.

(2) In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), and in paragraph 14(a) of Part III of Schedule 2 and paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.

(3) Except as provided for in paragraph (4) below, the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 4 to this order.

(4) In paragraph 2A of Part I of Schedule 2 the sum specified in sub-paragraph (1) is £45·00.

(5) In paragraph 3 of Part 11 of Schedule 2 (applicable amounts: family premium) for the sum of £9·30 there shall be substituted the sum of £9·65.

(6) The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 5 to this order.

(7) In paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions)—

(a) in head (a) for the sum of £18·00, there shall be substituted the sum of £21·00; and

(b) in head (b) the sum specified is £4·00.

(8) In paragraph 11(2) of Schedule 3 (housing costs: non-dependant deductions)—

(a) in head (a) for the sum of £65·00 there shall be substituted the sum of £70·00;

(b) in head (b) the sums specified shall be £70·00, £105·00, and £8·00 respectively; and

(c) in head (c) the sums specified shall be £105·00, £135·00 and £12·00 respectively.

(9) In paragraph 6(2) of Schedule 4, for the sum of £205·00 there shall be substituted the sum of £215·00.

(10) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and accordingly those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this order.

(11) Except as provided in paragraphs (2), (9) and (10) of this Article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this order.

(12) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and accordingly those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this order.

(13) Except as provided in paragraph (12) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this order.

(14) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this order are the sums set out in column (2) of that Schedule.

Income support transitional protection

17.  Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987(20) shall be increased by 3·6 per cent. of their amount apart from this order.

The relevant sum for income support

18.  In section 125(7) of the 1992 Act(21) (trade disputes: the relevant sum) the substituted sum is £23·50.

Housing benefit

19.  In the Housing Benefit Regulations, as from a date determined in accordance with Article 1—

(a) in regulations 16(b) and 17(c) and paragraph 14(a) of Schedule 2 (applicable amounts), in so far as they relate to rent, the sum specified in each regulation is £3,000;

(b) in regulation 63(1) (non-dependant deductions)—

(i) in sub-paragraph (a)(i) for the sum of £18·00, there shall be substituted the sum of £21·00; and

(ii) in sub-paragraph (b)(i) the sum specified is £4·00;

(c) in regulation 63(2) (non-dependant deductions)—

(i) in sub-paragraph (a) for the sum of £65·00 there shall be substituted the sum of £70·00;

(ii) in sub-paragraph (b) the sums specified shall be £70·00, £105·00 and £8·00 respectively; and

(iii) in sub-paragraph (c) the sums specified shall be £105·00, £135·00 and £12·00 respectively;

(d) in paragraph 1A of Part I of Schedule 1 (ineligible service charges) for the sums of £15·20, £15·20, £7·65, £10·10, £10·10, £5·05 and £1·85 there shall be substituted the sums of £15·75, £15·75, £7·95, £10·45, £10·45, £5·25 and £1·90 respectively; and

(e) in paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges) the sums specified are £8·60, £1·05, £0·70 and £1·05 respectively.

PART IV TRANSITIONAL PROVISIONS AND REVOCATIONS

Transitional provisions

20.  Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by Articles 14 and 15 of this order, where a period of entitlement to family credit or disability working allowance is running at 13th Apri1 1993, the rate at which it is payable shall be the weekly rate in force for the period prior to the 13th Apri1 1993 until the end of the period of entitlement.

Revocations

21.—(1) The whole of the Social Security Benefits Up-rating Order (Northern Ireland) 1991(22), in so far as not previously revoked, is hereby revoked.

(2) The whole of the Social Security Benefits Up-rating Order (Northern Ireland) 1992(23) is hereby revoked in relation to any particular case as from the date on which the rates or amounts of benefit specified in relation to that benefit in this order take effect in relation to that case.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

A. Devlin

Assistant Secretary

29th March 1993.