PART IIntroduction
Citation and commencement1.
(1)
This order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 1994 and shall come into operation for the purposes of—
(a)
Articles 1, 2 and 21 on 1st April 1994;
(b)
Article 10 on 3rd April 1994;
(c)
Article 9 on 6th April 1994;
(d)
Articles 3 to 6, 8 and 11 to 13 on 11th April 1994;
(e)
Articles 14, 15 and 20 on 12th April 1994;
(f)
Article 7 on 13th April 1994;
(g)
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 11th April 1994, and for the purposes of this sub-paragraph and sub-paragraph (h) below “benefit week” has the same meaning as in the Income Support Regulations;
(h)
Article 19(c)(ii), 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 11th April 1994; and
(i)
except in a case to which sub-paragraph (h) applies. Article 19 in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 1994, and in relation to any other case, on 1st April 1994.
(2)
The increases made by this order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case on the date specified in relation to that case in Article 6 of this order.
Interpretation2.
In this order, unless the context otherwise requires—
PART IISocial Security Benefits and Pensions
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act3.
(1)
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in Article 6 below so as to have effect as set out in Schedule 1 to this order.
(2)
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rate of industrial injuries benefit, respectively), except in Part III the sum specified for age addition.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act4.
(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 Contributions and Benefits Act (calculation of weekly rate of retirement allowance) shall be increased by 1.8 per cent. of their amount apart from this order.
(3)
In section 44(4) of the Contributions and Benefits Act (basic pension of Category A retirement pension)—
(a)
for “£53.80” there shall be substituted “£55.25”; and
(b)
for “£56.10” there shall be substituted “£57.60”.
(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 1993/1994;
(b)
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement deferred); and
(c)
shall in each case be increased by 1.8 per cent. of their amount apart from this order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act5.
(1)
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in Article 6 below.
(2)
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this order6.
(1)
Paragraphs (2) to (9) of this Article, which are subject to the provisions of paragraph (10) below, specify the date on which the increases made by this order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
(2)
Subject to paragraph (3) below, the increases in the sums specified in Articles 3, 4 and 11 of this order for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 11th April 1994.
(3)
In 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 section 25(5), 31(6) or 33(4) of the Contributions and Benefits 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 14th April 1994.
(4)
The increases in the sums mentioned in Articles 4(4)(c) and 5(2) of this order shall take effect on 11th April 1994.
(5)
(6)
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 Contributions and Benefits 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 Contributions and Benefits Act, shall in all cases take effect on 13th April 1994.
(7)
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 Contributions and Benefits 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 11th April 1994 and where it does not fall to be so increased the sum so specified shall take effect on 14th April 1994.
(8)
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 in all cases take effect on 14th April 1994.
(9)
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 13th April 1994.
(10)
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 persons 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 19487.
In paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for “£33.70” there shall be substituted “£34.50”.
Earnings limits8.
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £120 and the sums specified in paragraph (b) are £16 and £120 respectively.
Statutory sick pay9.
In section 153(1) of the Contributions and Benefits Act (rate of payment) the sums specified in paragraph (a) are £52.50 and £195.00 respectively and the sum specified in paragraph (b) is £46.95.
Statutory maternity pay10.
Increase in rate of graduated retirement benefit and increments thereof11.
(1)
(2)
Increase in rates of disability living allowance12.
(a)
in paragraph (1)(a) for “£44.90” there shall be substituted “£45.70”;
(b)
in paragraph (1)(b) for “£30.00” there shall be substituted “£30.55”;
(c)
in paragraph (1)(c) for “£11.95” there shall be substituted “£12.15”;
(d)
in paragraph (2)(a) for “£31.40” there shall be substituted “£31.95”; and
(e)
in paragraph (2)(b) for “£11.95” there shall be substituted “£12.15”.
Sums specified for child benefit13.
(a)
in paragraph (1)(a) for “£10.00” there shall be substituted “£10.20”;
(b)
in paragraph (1)(b) for “£8.10” there shall be substituted “£8.25”; and
(c)
in paragraph (2) for “£6.05” there shall be substituted “£6.15”.
PART IIIFamily Credit, Disability Working Allowance Income Support and Housing Benefit
Family credit14.
(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 “£69.00” there shall be substituted “£71.70”; and
(d)
in Schedule 4 (determination of maximum family credit) the sums prescribed shall be increased so as to have efect as set out in Schedule 2 to this order.
Disablility working allowance15.
(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(1) (applicable amount)—
(i)
in sub-paragraph (a) for“£41.40” there shall be substituted“43.00”, and
(ii)
in sub-paragraph (b) for“£69.00” there shall be substituted “£71.70”; 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 support16.
(1)
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in paragraphs (2) to (12) 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), 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)
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased and those paragraphs in that Part of Schedule 2 where such a sum is specified shall have effect as set out in Schedule 4 to this order.
(4)
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for “£9.65” there shall be substituted “£10.05”.
(5)
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be increased and that Part of Schedule 2 shall have effect as set out in Schedule 5 to this order.
(6)
In paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions)—
(a)
in head (a) for “£21.00” there shall be substituted “£25.00”; and
(b)
in head (b) for “£4.00” there shall be substituted “£5.00”.
(7)
In paragraph 11(2) of Schedule 3—
(a)
in head (a) for “£70.00” there shall be substituted “£72.00”;
(b)
in head (b) for “£70.00”, “£105.00” and “£8.00” there shall be substituted “£72.00”, “£108.00” and “£9.00” respectively; and
(c)
in head (c) for “£105.00”, “£135.00” and “£12.00” there shall be substituted “£108.00”, “£139.00” and “£13.00” respectively.
(8)
In paragraph 6(2) of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) for “£215.00” there shall be substituted “£224.00” and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 shall be increased and those paragraphs in that Schedule where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this order.
(9)
Except as provided in paragraphs (2) and (8) of this Article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this order.
(10)
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 those paragraphs in that Schedule where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this order.
(11)
Except as provided in paragraph (10) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this order.
(12)
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 protection17.
The relevant sum for income support18.
In section 125(7) of the Contributions and Benefits Act (trade disputes) for “£23.50” there shall be substituted “£24.50”.
Housing benefit19.
(a)
in regulations 16(b) and 17(c) and in paragraph 14(a) of Schedule 2, in so far as they relate to rent, the sum specified in each case is £3,000;
(b)
in regulation 63 (non-dependant deductions)—
(i)
in paragraph (1)(a)(i) for “£21.00” there shall be substituted “£25.00”,
(ii)
in paragraph (1)(b)(i) for “£4.00” there shall be substituted “£5.00”,
(iii)
in paragraph (2)(a) for “£70.00” there shall be substituted “£72.00”,
(iv)
in paragraph (2)(b) for “£70.00”, “£105.00” and “£8.00” there shall be substituted “£72.00”, “£108.00” and “£9.00” respectively, and
(v)
in paragraph (2)(c) for “£105.00”, “£135.00” and “£12.00” there shall be substituted “£108.00”, “£139.00” and “£13.00” respectively; and
(c)
in Schedule 1 (ineligible service charges)—
(i)
in paragraph 1A for “£15.75”, “£15.75”, “£7.95”, “£10.45”, “£10.45”, “£5.25”, and“£1.90” there shall be substituted “£16.30”, “£16.30”, “£8.25”, “£10.80”, “£10.80”, “£5.45” and “£1.95” respectively, and
(ii)
in paragraph 5(2) the sums specified are £8.60, £1.05, £0.70 and £1.05 respectively.
PART IVTransitional Provisions and Revocation
Transitional Provisions20.
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 12th April 1994, the rate at which it is payable shall be the weekly rate in force for the period prior to 12th April 1994 until the end of the period of entitlement.
Revocation21.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on