The Social Security Benefits Up-rating Order (Northern Ireland) 2005

PART II SOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act

3.—(1) The sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6 so that Schedule 4 to the Contributions and Benefits Act (rates of benefit, etc.), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1.

(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 I, the sum specified for child’s special allowance;

(b) Part III, the sum specified for –

(i) guardian’s allowance, and

(ii) age addition to a pension of any category, and otherwise under section 79 of that Act;

(c) Part IV, the sums specified in column (2) (increase for qualifying child); and

(d) Part V, the sums specified for the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children.

Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

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

(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 a beneficiary’s retirement allowance) shall be increased by 3·1 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(1) (basic pension of Category A retirement pension) –

(a) for “£71·15” there shall be substituted “£73·35”; and

(b) for “£79·60” there shall be substituted “£82·05”.

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

(a) the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2004-05 shall be increased by 3·1 per cent. of their amount apart from this Order;

(b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(2) (increase of pension where entitlement is deferred) shall be increased by 3·1 per cent. of their amount apart from this Order; 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 Social Security (Northern Ireland) Act 1975(3), Article 64 of the Social Security (Northern Ireland) Order 1986(4) or section 132 of the Administration Act shall be increased by 3·1 per cent. of their amount apart from this Order.

(5) The sums which are shared additional pensions under section 55A of the Contributions and Benefits Act(5), and the sums which are increases in the rates of such pensions under section 55C of that Act, shall in each case be increased by 3·1 per cent. of their amount apart from this Order.

Rates or amounts of certain benefits under the Pension Schemes Act

5.—(1) It is hereby directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6.

(2) Sums which are payable by virtue of section 11(1) of the Pension Schemes Act (increase of guaranteed minimum where commencement of guaranteed minimum pension is postponed) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 13(2) of that Act) shall be increased by –

(a) 3·1 per cent. of their amount apart from this Order where the increase under section 11(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years(6); and

(b) 0·1 per cent. of their amount apart from this Order where the increase under section 11(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.

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 Order

6.—(1) Paragraphs (2) to (9), which are subject to the provisions of paragraphs (10) and (11), 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), any increases in the sums specified in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 11th April 2005.

(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 short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act(7), any increases in the sums mentioned in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 14th April 2005.

(4) The increases in the sums mentioned in Articles 4(4)(c) and 5(2) shall take effect on 11th April 2005.

(5) Any increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance and widowed parent’s allowance, Category C and Category D retirement pension, child’s special allowance(8), attendance allowance and carer’s allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday) together with, in each case where appropriate, increases for dependants, shall in all cases take effect on 11th April 2005.

(6) Any increases in the sums specified for the rate of carer’s 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 that Act, shall in all cases take effect on 13th April 2005.

(7) 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(9), by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 11th April 2005.

(8) The increases 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 in all cases on 14th April 2005.

(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 2005.

(10) In the case of a person who is subject to the provisions of regulations made under section 71(1)(b) of the Administration Act(10) (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) 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.

(11) Any increases in the sums specified in Articles 3 and 21(c), in so far as those sums are 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 –

(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 11th April 2005;

(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 2005,

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

Workmen’s compensation

7.  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 “£44·35” there shall be substituted “£47·70”.

Earnings limits

8.  In section 80(4) of the Contributions and Benefits Act(11) (earnings limits in respect of child dependency increases) –

(a) in paragraph (a) for “£165” there shall be substituted “£170”; and

(b) in paragraph (b) for “£165” and “£21” there shall be substituted “£170” and “£22” respectively.

Statutory sick pay

9.  In section 153(1) of the Contributions and Benefits Act (rate of payment) for “£66·15” there shall be substituted “£68·20”.

Statutory maternity pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(12) (prescribed rate of statutory maternity pay) for “£102·80” there shall be substituted “£106·00”.

Statutory paternity pay and statutory adoption pay

11.  In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 2002(13) –

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£102·80” there shall be substituted “£106·00”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£102·80” there shall be substituted “£106·00”.

Graduated retirement benefit

12.—(1) The sum of 9·63 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966(14) (graduated retirement benefit) shall be increased by 3·1 per cent. and accordingly the reference in that provision to that sum shall have effect as a reference to 9·93 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(15) (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 3·1 per cent. of their amount apart from this Order.

(3) The sums which are the additions under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (special provision as to graduated retirement benefit for widows and widowers) shall be increased by 3·1 per cent. of their amount apart from this Order.

Disability living allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(16) (rate of benefit) –

(a) in paragraph (1)(a) for “£58·80” there shall be substituted “£60·60”;

(b) in paragraph (1)(b) for “£39·35” there shall be substituted “£40·55”;

(c) in paragraph (1)(c) for “£15·55” there shall be substituted “£16·05”;

(d) in paragraph (2)(a) for “£41·05” there shall be substituted “£42·30”; and

(e) in paragraph (2)(b) for “£15·55” there shall be substituted “£16·05”.

Age addition to long-term incapacity benefit

14.  In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(17) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) –

(a) in sub-paragraph (a) for “£15·55” there shall be substituted “£16·05”; and

(b) in sub-paragraph (b) for “£7·80” there shall be substituted “£8·05”.

Transitional invalidity allowance in long-term incapacity benefit cases

15.  In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(18) (rate of long-term incapacity benefit in transitional cases) –

(a) in sub-paragraph (a) for “£15·55” there shall be substituted “£16·05”;

(b) in sub-paragraph (b) for “£10·00” there shall be substituted “£10·30”; and

(c) in sub-paragraph (c) for “£5·00” there shall be substituted “£5·15”.

(1)

Section 44(4) was substituted by Article 64 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

(2)

Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993, paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), paragraph 18(12) to (18) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and section 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

(3)

1975 c. 15; section 120 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

(4)

S.I. 1986/1888 (N.I. 18); Article 64 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

(5)

Sections 55A and 55C were inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; section 55A was amended by section 37(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(6)

See section 132(4) of the Social Security Administration (Northern Ireland) Act 1992 as amended by paragraph 41(c) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993; see also the Guaranteed Minimum Pensions Increase Order (Northern Ireland) 2005 (S.R. 2005 No. 81)

(7)

Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraph 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and paragraph 21 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(8)

Child’s special allowance was abolished except for existing beneficiaries as from 6th April 1987; see section 56(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

(9)

Section 47(1) was amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; see also regulation 23 of S.R. 1995 No. 35; section 48C was inserted by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and amended by paragraph 6 of Schedule 8 and paragraph 11 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and sections 33(12) and 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(10)

Section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

(11)

Section 80 was repealed by Schedule 6 to the Tax Credits Act 2002 (c. 21); see also Article 2 of S.R. 2003 No. 212 which saves the repealed provision in certain circumstances

(12)

S.R. 1987 No. 30; regulation 6 was substituted by regulation 2(3) of S.R. 2002 No. 354

(13)

S.R. 2002 No. 380; relevant amending rules are S.R. 2004 Nos. 82 and 111

(14)

1966 c. 6 (N.I.); sections 35 and 36 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 2 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 (S.R. 1978 No. 105)

(15)

S.R. 1978 No. 105; relevant amending regulations are S.R. 1989 No. 373

(16)

S.R. 1992 No. 32; relevant amending rules are S.R. 1993 No. 340 and S.R. 2004 No. 82

(17)

S.R. 1994 No. 461; relevant amending rule is S.R. 2004 No. 82

(18)

S.R. 1995 No. 35; relevant amending rule is S.R. 2004 No. 82