2009 No. 89

Social Security
Statutory Maternity Pay; Statutory Sick Pay; Employment; Housing; Rates

The Social Security Benefits Up-rating Order (Northern Ireland) 2009

Approved by resolution of the Assembly on 8th June 2009

Made

Coming into operation in accordance with Article 1

This Order is made in exercise of the powers conferred by sections 132, 132A and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19921 and now vested in the Department for Social Development2.

The Secretary of State has made an Order3 under sections 150, 150A, 151 and 189(1), (4) and (5) of the Social Security Administration Act 19924.

Accordingly, the Department for Social Development makes the following Order:

PART IINTRODUCTION

Citation, commencement and effect1

1

This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 2009 and, subject to paragraph (2), shall come into operation for the purposes of—

a

this Article and Articles 2 and 6 on 1st April 2009;

b

Article 3—

i

in so far as it relates to any increase to which Article 6(10)(b) applies, on 1st April 2009, and

ii

for all other purposes, on 6th April 2009;

c

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 2009 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;

d

Article 10 on 5th April 2009, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act5 for which purpose it shall come into operation on 6th April 2009;

e

Article 11 on 5th April 2009;

f

Articles 4, 5, 7, 9, 12 and 13 on 6th April 2009;

g

Articles 14, 15 and 26 on 9th April 2009;

h

Articles 16 to 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 6th April 2009 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

i

Articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 6th April 2009, and in relation to any other case, on 1st April 2009;

j

Articles 21 to 23, in so far as they relate to a particular beneficiary—

i

for the purposes of Article 21(c), in so far as it relates to an increase to which Article 6(10)(b) applies, on 1st April 2009, and

ii

for all other purposes, on the first day of the first benefit week to commence for that beneficiary, on or after 6th April 2009, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations;

k

Article 24, 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 6th April 2009 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the State Pension Credit Regulations; and

l

Article 25, 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 6th April 2009 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Employment and Support Allowance Regulations.

2

The changes made—

a

in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and

b

by Article 21(c), in so far as it is relevant for the purposes referred to in Article 6(10),

shall take effect for each case on the date specified in relation to that case in Article 6.

Interpretation2

1

In this Order—

  • “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19926;

  • “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 19937;

  • “the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 19968;

  • “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 20089;

  • “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 200610;

  • “the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations (Northern Ireland) 200611;

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 198712;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 199613;

  • “the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 200314.

2

Subject to paragraph (3), the Interpretation Act (Northern Ireland) 195415 shall apply to this Order as it applies to an Act of the Assembly.

3

For the purposes of this Order and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

PART IISOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act3

1

From and including the respective dates specified in Article 6—

a

the sums specified in paragraph (2) shall be increased; and

b

the sums specified in paragraph 3 (age related addition) of Part III of Schedule 4 to the Contributions and Benefits Act (rates of benefit, etc.) shall be reduced,

so that that Schedule, except paragraph 5 of Part III (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 sums specified for—

i

age related addition, and

ii

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 V16, 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 and qualifying young persons.

Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act4

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 5∙0 per cent.

3

In section 44(4) of the Contributions and Benefits Act17 (basic pension of Category A retirement pension)—

a

for “£81∙10” substitute “£86∙20”; and

b

for “£90∙70” substitute “£95∙25”.

4

It is 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 2008-09;

b

the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act18 (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 on becoming entitled to a Category A or Category B retirement pension; and

d

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 197519, Article 64 of the Social Security (Northern Ireland) Order 198620 or section 132 of the Administration Act,

shall in each case be increased by 5∙0 per cent.

5

The sums which are shared additional pensions under section 55A of the Contributions and Benefits Act21, and the sums which are increases in the rates of such pensions under paragraph 2 of Schedule 5A to that Act22, shall in each case be increased by 5∙0 per cent.

Rates or amounts of certain benefits under the Pension Schemes Act5

1

It is 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) and (3) of that Act) shall be increased by—

a

5∙0 per cent. where the increase under section 11(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years23; and

b

2∙0 per cent. 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 changed by this Order6

1

Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), specify the date on which the changes 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 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 6th April 2009.

3

In the case of a person over pensionable age—

a

whose entitlement to a Category A retirement pension is deferred; and

b

for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act24,

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 9th April 2009.

4

The increases in the sums mentioned in Articles 4(4)(d) and 5(2) shall take effect on 6th April 2009.

5

Any increases in the sums specified for—

a

the rate of—

i

Category C and Category D retirement pension,

ii

attendance allowance, and

iii

carer’s allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday); and

b

any increases in—

i

Category C retirement pension and carer’s allowance referred to in sub-paragraph (a)(i) and (iii), and

ii

maternity allowance, widowed mother’s allowance and widowed parent’s allowance,

in respect of dependants,

shall in all cases take effect on 6th April 2009.

6

Any increases in the sums specified for—

a

the rate of—

i

carer’s allowance in a case where the Department 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 allowance in respect of children and qualifying young persons,

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 sub-paragraph (a)(i), (iii) and (iv) in respect of dependants, and

ii

disablement pension,

shall in all cases take effect on 8th April 2009.

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 Act25, 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 6th April 2009.

8

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 in all cases on 9th April 2009.

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 8th April 2009.

10

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 6th April 2009;

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 2009,

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 compensation7

In paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act26 (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for “£50∙55” substitute “£53∙10”.

Earnings limits8

In section 80(4) of the Contributions and Benefits Act27 (earnings limits in respect of child dependency increases)—

a

in paragraph (a) for “£185” substitute “£195”; and

b

in paragraph (b) for “£185” and “£25” substitute “£195” and “£26” respectively.

Statutory sick pay9

In section 153(1) of the Contributions and Benefits Act28 (rate of payment) for “£75∙40” substitute “£79∙15”.

Statutory maternity pay10

In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 198729 (prescribed rate of statutory maternity pay) for “£117∙18” substitute “£123∙06”.

Statutory paternity pay and statutory adoption pay11

In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 200230

a

in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£117∙18” substitute “£123∙06”; and

b

in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£117∙18” substitute “£123∙06”.

Graduated retirement benefit12

1

In section 35(1) of the National Insurance Act (Northern Ireland) 196631 (graduated retirement benefit)—

a

the sum of 10∙98 pence shall be increased by 5∙0 per cent.; and

b

the reference in that provision to that sum shall have effect as a reference to 11∙53 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) 197832 (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 5∙0 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 (Northern Ireland) 200533 (increases of graduated retirement benefit and lump sums) shall be increased by 5∙0 per cent.

4

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 5∙0 per cent.

Disability living allowance13

In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199234 (rate of benefit)—

a

in paragraph (1)(a) for “£67∙00” substitute “£70∙35”;

b

in paragraph (1)(b) for “£44∙85” substitute “£47∙10”;

c

in paragraph (1)(c) for “£17∙75” substitute “£18∙65”;

d

in paragraph (2)(a) for “£46∙75” substitute “£49∙10”; and

e

in paragraph (2)(b) for “£17∙75” substitute “£18∙65”.

Age addition to long-term incapacity benefit14

In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 199435 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

a

in sub-paragraph (a) for “£17∙75” substitute “£15∙65”; and

b

in sub-paragraph (b) for “£8∙90” substitute “£6∙55”.

Transitional invalidity allowance in long-term incapacity benefit cases15

1

Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 199536 (rate of long-term incapacity benefit in transitional cases)—

a

in sub-paragraph (a) for “£17∙75” substitute “£18∙65”;

b

in sub-paragraph (b) for “£11∙40” substitute “£12∙00”; and

c

in sub-paragraph (c) for “£5∙70” substitute “£6∙00”.

2

In the case of a claimant entitled to long-term incapacity benefit, the sums specified in regulation 18(2)(a), (b) and (c) shall be reduced to “£15∙65”, “£9∙10” and “£5∙35” respectively.

PART IIIINCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support16

1

The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations37 shall be the sums set out in this Article and Schedules 2 to 4 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Income Support Regulations bearing that number.

2

In—

a

regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and

b

paragraphs 13A(2)(a) and 14(2)(a) of Part III of Schedule 238,

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 as set out in Schedule 2 to this Order.

4

In paragraph 3(1) of Part II of Schedule 239 (applicable amounts: family premium) for “£16∙75”, in both places where it occurs, substitute “£17∙30”.

5

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

6

In paragraph 18 of Schedule 340 (housing costs: non-dependant deductions)—

a

in sub-paragraph (1) the sums of £47∙75 and £7∙40 remain the same;

b

in sub-paragraph (2)(a) for “£116∙00” substitute “£120∙00”;

c

in sub-paragraph (2)(b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same;

d

in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

e

in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

f

in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

7

The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 4 to this Order are the sums set out in column (2) of that Schedule.

Income support transitional protection17

Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 198741 shall be increased by 6∙3 per cent.

Relevant sum for income support18

In section 125(7) of the Contributions and Benefits Act42 (trade disputes) for “£32∙50” substitute “£34∙50”.

Housing benefit19

1

The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in this Article and Schedules 5 and 6 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit Regulations bearing that number.

2

In regulation 24(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300∙00 remain the same.

3

In regulation 72 (non-dependant deductions)—

a

in paragraph (1) the sums of £47∙75, £6∙95, £7∙40 and £2∙30 remain the same; and

b

in paragraph (2)43

i

in sub-paragraph (a) for “£116∙00” substitute “£120∙00”,

ii

in sub-paragraph (b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same,

iii

in sub-paragraph (c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same,

iv

in sub-paragraph (d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same,

v

in sub-paragraph (e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same,

vi

in sub-paragraph (f) for “£172∙00” substitute “£178∙00”,

vii

in sub-paragraph (g) for “£172∙00” and “£296∙00” substitute “£178∙00” and “£306∙00” respectively and the sum of £4∙60 remains the same, and

viii

in sub-paragraph (h) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £5∙80 remains the same.

4

In Schedule 1 (ineligible service charges)—

a

in paragraph 244 for “£21∙60”, “£21∙60”, “£10∙90”, “£14∙35”, “£14∙35”, “£7∙20” and “£2∙65” substitute “£22∙95”, “£22∙95”, “£11∙60”, “£15∙25”, “£15∙25”, “£7∙65” and “£2∙80” respectively; and

b

in paragraph 6(2) for “£15∙45”, “£1∙80”, “£1∙25” and “£1∙80” substitute “£21∙55”, “£2∙50”, “£1∙75” and “£2∙50” respectively.

5

The sums specified in Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 5 to this Order.

6

In paragraph 3 of Part II of Schedule 445 (applicable amounts: family premium)—

a

in sub-paragraph (1)(a) the sum of £22∙20 remains the same;

b

in sub-paragraph (1)(b) for “£16∙75” substitute “£17∙30”; and

c

in sub-paragraph (2) the sum of £10∙50 remains the same.

7

The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums) shall be as set out in Schedule 6 to this Order.

8

In Part VI of Schedule 446 (amount of components)—

a

in paragraph 25 for “£24∙00” substitute “£25∙50”; and

b

in paragraph 26 for “£29∙00” substitute “£30∙85”.

9

In paragraph 17(1) and (3)(c) of Schedule 547 (sums to be disregarded in the calculation of earnings) for “£16∙05” substitute “£16∙85”.

10

In paragraph 58 of Schedule 648 (sums to be disregarded in the calculation of income other than earnings) for “£16∙05” substitute “£16∙85”.

Housing benefit for certain persons over the qualifying age for state pension credit20

1

The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this Article and Schedules 7 and 8 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit (SPC) Regulations bearing that number.

2

In regulation 28(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300∙00 remain the same.

3

In regulation 53 (non-dependant deductions)—

a

in paragraph (1) the sums of £47∙75, £6∙95, £7∙40 and £2∙30 remain the same; and

b

in paragraph (2)49

i

in sub-paragraph (a) for “£116∙00” substitute “£120∙00”,

ii

in sub-paragraph (b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same,

iii

in sub-paragraph (c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same,

iv

in sub-paragraph (d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same,

v

in sub-paragraph (e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same,

vi

in sub-paragraph (f) for “£172∙00” substitute “£178∙00”,

vii

in sub-paragraph (g) for “£172∙00” and “£296∙00” substitute “£178∙00” and “£306∙00” respectively and the sum of £4∙60 remains the same, and

viii

in sub-paragraph (h) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £5∙80 remains the same.

4

In Schedule 1 (ineligible service charges)—

a

in paragraph 250 for “`£21∙60”, “£21∙60”, “£10∙90”, “£14∙35”, “£14∙35”, “£7∙20” and “£2∙65” substitute “£22∙95”, “£22∙95”, “£11∙60”, “£15∙25”, “£15∙25”, “£7∙65” and “£2∙80” respectively; and

b

in paragraph 6(2) for “£15∙45”, “£1∙80”, “£1∙25” and “£1∙80” substitute “£21∙55”, “£2∙50”, “£1∙75” and “£2∙50” respectively.

5

The sums specified in Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.

6

In paragraph 3 of Part II of Schedule 451 (applicable amounts: family premium)—

a

in sub-paragraph (1) for “£16∙75” substitute “£17∙30”; and

b

in sub-paragraph (2) the sum of £10∙50 remains the same.

7

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

8

In paragraph 9(1) and (3)(c) of Schedule 552 (sums disregarded from claimant’s earnings) for “£16∙05” substitute “£16∙85”.

9

In paragraph 22 of Schedule 653 (amounts to be disregarded in the calculation of income other than earnings) for “£16∙05” substitute “£16∙85”.

PART IVJOBSEEKER’S ALLOWANCE

Age-related amounts of contribution-based jobseeker’s allowance21

In regulation 79(1) of the Jobseeker’s Allowance Regulations54 (weekly amounts of contribution-based jobseeker’s allowance)—

a

in sub-paragraph (a) for “£47∙95” substitute “£50∙95”;

b

in sub-paragraph (b) for “£47∙95” substitute “£50∙95”; and

c

in sub-paragraph (c) for “£60∙50” substitute “£64∙30”.

Applicable amounts for jobseeker’s allowance22

1

The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations55 shall be the sums set out in this Article and Schedules 9 to 12 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Jobseeker’s Allowance Regulations bearing that number.

2

In—

a

regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and

b

paragraphs 15A(2)(a) and 16(2)(a) of Part III of Schedule 156,

the sum specified is in each case £3,000.

3

The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.

4

In paragraph 4(1) of Part II of Schedule 157 (applicable amounts: family premium) for “£16∙75”, in both places where it occurs, substitute “£17∙30”.

5

The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 10 to this Order.

6

The sums specified in Part IVB of Schedule 158 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 11 to this Order.

7

In paragraph 17 of Schedule 259 (housing costs: non-dependant deductions)—

a

in sub-paragraph (1) the sums of £47∙75 and £7∙40 remain the same;

b

in sub-paragraph (2)(a) for “£116∙00” substitute “£120∙00”;

c

in sub-paragraph (2)(b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same;

d

in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

e

in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

f

in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

8

The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 12 to this Order are the sums set out in column (2) of that Schedule.

Prescribed sum for jobseeker’s allowance23

In regulation 170 of the Jobseeker’s Allowance Regulations60 (trade disputes: prescribed sum) for “£32∙50” substitute “£34∙50”.

PART VSTATE PENSION CREDIT

State pension credit24

1

The sums specified in the State Pension Credit Regulations shall be the sums set out in this Article and Schedule 13 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the State Pension Credit Regulations bearing that number.

2

In regulation 661 (amount of the guarantee credit)—

a

in paragraph (1)(a) for “£189∙35” substitute “£198∙45”;

b

in paragraph (1)(b) for “£124∙05” substitute “£130∙00”;

c

in paragraph (5)(a) for “£50∙35” substitute “£52∙85”;

d

in paragraph (5)(b) for “£100∙70” substitute “£105∙70”; and

e

in paragraph (8) for “£27∙75” substitute “£29∙50”.

3

In regulation 762 (savings credit)—

a

in paragraph (1)(a), (b) and (c) “60 per cent.”, “60 per cent.” and “40 per cent.” respectively remain the same; and

b

in paragraph (2) for “£91∙20” and “£145∙80” substitute “£96∙00” and “£153∙40” respectively.

4

In paragraph 14 of Schedule 2 (housing costs: persons residing with the claimant)—

a

in sub-paragraph (1)63 the sums of £47∙75 and £7∙40 remain the same;

b

in sub-paragraph (2)(a)64 for “£116∙00” substitute “£120∙00”;

c

in sub-paragraph (2)(b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same;

d

in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

e

in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

f

in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

5

In paragraph 1 of Schedule 365 (special groups: polygamous marriages)—

a

in sub-paragraph (5), which substitutes regulation 6(1), for “£189∙35” and “£65∙30” substitute “£198∙45” and “£68∙45” respectively; and

b

in sub-paragraph (7), which substitutes regulation 7(2), for “£145∙80” substitute “£153∙40”.

6

The sums specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 13 to this Order are the sums set out in column (2) of that Schedule.

PART VIEMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for employment and support allowance25

1

The sums relevant to the calculation of an applicable amount as specified in the Employment and Support Allowance Regulations shall be the sums set out in this Article and Schedules 14 to 16 to this Order; and for this purpose a reference in this Article to a numbered Schedule is a reference to the Schedule to the Employment and Support Allowance Regulations bearing that number.

2

The sums specified in Part 1 of Schedule 4 (prescribed amounts) shall be as set out in Schedule 14 to this Order.

3

The sums specified in Part 3 of Schedule 4 (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 15 to this Order.

4

In Part 4 of Schedule 4 (the components)—

a

in paragraph 12 for “£24∙00” substitute “£25∙50”; and

b

in paragraph 13 for “£29∙00” substitute “£30∙85”.

5

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

a

in sub-paragraph (1) the sums of £47∙75 and £7∙40 remain the same;

b

in sub-paragraph (2)(a) for “£116∙00” substitute “£120∙00”;

c

in sub-paragraph (2)(b) for “£116∙00” and “£172∙00”substitute “£120∙00” and “£178∙00” respectively and the sum of £17.00 remains the same;

d

in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

e

in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

f

in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

6

The sums specified in any provision of the Employment and Support Allowance Regulations set out in column (1) of Schedule 16 to this Order are the sums set out in column (2) of that Schedule.

PART VIIREVOCATION

Revocation26

The Social Security Benefits Up-rating Order (Northern Ireland) 200866 is revoked.

Sealed with the Official Seal of the Department for Social Development on 10th March 2009

(L.S.)John O’NeillA senior officer of the Department for Social Development

SCHEDULE 1Provisions of Schedule 4 to the Contributions and Benefits Act as amended by this Order

Article 3(1)

PART ICONTRIBUTORY PERIODICAL BENEFITS

Description of benefit

Weekly rate

2.67

Short-term incapacity benefit.

(a) lower rate

£67∙75

(b) higher rate

£80∙15.

2A.

Long-term incapacity benefit.

£89∙80.

5.68

Category B retirement pension where section 48A(3) applies.

£57∙05.

PART II69BEREAVEMENT PAYMENT

Bereavement payment.

£2,000∙00

PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefit

Weekly rate

1.

Attendance allowance.

(a) higher rate

£70∙35

(b) lower rate

£47∙10

(the appropriate rate being determined in accordance with section 65(3)).

2.

Severe disablement allowance.

£57∙45.

3.

Age related addition.

(a) higher rate

£15∙65

(b) middle rate

£9∙10

(c) lower rate

£5∙35

(the appropriate rate being determined in accordance with section 69(1)).

4.70

Carer’s allowance.

£53∙10.

6.

Category C retirement pension.

(a) lower rate

£34∙15

(b) higher rate

£57∙05

(the appropriate rate being determined in accordance with section 78(5)).

7.

Category D retirement pension.

The higher rate for Category C retirement pensions under paragraph 6 above.

8.

Age addition (to a pension of any category, and otherwise under section 79).

£0∙25.

PART IVINCREASES FOR DEPENDANTS

Benefit to which increase applies

Increase for qualifying child

Increase for adult dependant

(1)

(2)

(3)

£

£

1A.71

Short-term incapacity benefit—

a

where the beneficiary is under pensionable age;

11·35

41·35

b

where the beneficiary is over pensionable age.

11·35

51·10

2.

Long-term incapacity benefit.

11·35

53·10

3.

Maternity allowance.

41·35

4.

Widowed mother’s allowance.

11·35

4A.72

Widowed parent’s allowance.

11·35

5.

Category A or B retirement pension.

11·35

57·05

6.

Category C retirement pension.

11·35

34·15

8.

Severe disablement allowance.

11·35

31·90

9.

Carer’s allowance.

11·35

31·70

PART VRATE OF INDUSTRIAL INJURIES BENEFIT

Description of benefit, etc.

Rate

1

Disablement pension (weekly rates).

For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table, using—

  1. a

    column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a dependant;

  2. b

    column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled;

TABLE

Degree of disablement

Amount

(1)

(2)

(3)

Per cent.

£

£

100

143∙60

88∙05

90

129∙24

79∙25

80

114∙88

70∙44

70

100∙52

61∙64

60

86∙16

52∙83

50

71∙80

44∙03

40

57∙44

35∙22

30

43∙08

26∙42

20

28∙72

17∙61

2

Maximum increase of weekly disablement pension where constant attendance needed.

a

except in cases of exceptionally severe disablement £57·50

b

in any case of exceptionally severe disablement £115·00

3

Increase of weekly rate of disablement pension (exceptionally severe disablement).

£57·50

4

Maximum of aggregate of weekly benefit payable for successive accidents.

a

for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a dependant £143·60

b

for any period during which the beneficiary is not over the age of 18 and not so entitled £88·05

5

Unemployability supplement under paragraph 2 of Schedule 7.

£88·75

6

Increase under paragraph 3 of Schedule 7 of weekly rate of unemployability supplement.

a

if on the qualifying date the beneficiary was under the age of 35 or if that date fell before 5th July 1948 £18·65

b

if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979 £18·65

c

if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 £12·00

d

if heads (a), (b) and (c) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979 £12·00

e

in any other case £6·00

7

Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension.

£11·35

8

Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension.

£53·10

9

Maximum disablement gratuity under paragraph 9 of Schedule 7.

£9,540·00

10

Widow’s pension (weekly rates).

a

initial rate £57·65

b

higher permanent rate £95·25

c

lower permanent rate 30 per cent. of the first sum specified in section 44(4) (Category A basic retirement pension)

(the appropriate rate being determined in accordance with paragraph 16 of Schedule 7)

11

Widower’s pension (weekly rate).

£95·25

12

Weekly rate of allowance in respect of children and qualifying young persons under paragraph 18 of Schedule 7.

In respect of each child or qualifying young person £11·35.

SCHEDULE 2Part I of Schedule 2 to the Income Support Regulations as amended by this Order

Article 16(3)

PART IPERSONAL ALLOWANCES

1

The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(a) and 18(1)(a) and (b) (applicable amounts and polygamous marriages).

Column (1)

Column (2)

Person or Couple

Amount

1

Single claimant aged—

1

a

except where head (b) or (c) applies, less than 18;

a

£50·95;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£50·95;

c

less than 18 who satisfies the condition in paragraph 11(1)(a);

c

£50·95;

d

not less than 18 but less than 25;

d

£50·95;

e

not less than 25.

e

£64·30.

2

Lone parent aged—

2

a

except where head (b) or (c) applies, less than 18;

a

£50·95;

b

less than 18 who falls within any of the circumstances specified in paragraph 1A;

b

£50·95;

c

less than 18 who satisfies the condition in paragraph 11(1)(a);

c

£50·95;

d

not less than 18.

d

£64·30.

3

Couple—

3

a

where both members are aged less than 18 and—

i

at least one of them is treated as responsible for a child,

ii

had they not been members of a couple, each would have qualified for income support under regulation 4ZA,

iii

the claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), or

iv

there is in force in respect of the claimant’s partner a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship);

a

£76·90;

b

where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;

b

£50·95;

c

where both members are aged less than 18 and heads (a) and (b) do not apply;

c

£50·95;

d

where both members are aged not less than 18;

d

£100·95;

e

where one member is aged not less than 18 and the other member is a person under 18 who—

i

qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple,

ii

satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, or

iii

is the subject of a direction under Article 18 of the Jobseekers Order;

e

£100·95;

f

where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

i

would not qualify for income support under regulation 4ZA if he were not a member of a couple,

ii

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

iii

is not the subject of a direction under Article 18 of the Jobseekers Order;

f

£50·95;

g

where the claimant is aged not less than 25 and his partner is a person under 18 who—

i

would not qualify for income support under regulation 4ZA if he were not a member of a couple,

ii

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

iii

is not the subject of a direction under Article 18 of the Jobseekers Order.

g

£64·30.

2

1

76 The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

Column (1)

Column (2)

Child or young person

Amount

Person in respect of the period—

a

beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

a

£56·11;

b

beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.

b

£56·11;

SCHEDULE 3Part IV of Schedule 2 to the Income Support Regulations as amended by this Order

Article 16(5)

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Premium

Amount

15

2

Pensioner Premium for persons to whom paragraph 9 applies.

2

£97·50.

2A

Pensioner Premium for persons to whom paragraph 9A applies.

2A

£97·50.

3

Higher pensioner premium for persons to whom paragraph 10 applies.

3

£97·50.

4

Disability Premium—

4

a

where the claimant satisfies the condition in paragraph 11(1)(a);

a

£27·50;

b

where the claimant satisfies the condition in paragraph 11(1)(b).

b

£39·15.

5

Severe Disability Premium—

5

a

where the claimant satisfies the condition in paragraph 13(2)(a);

a

£52·85;

b

where the claimant satisfies the condition in paragraph 13(2)(b)—

b

i

if there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A),

i

£52·85;

ii

if no-one is in receipt of such an allowance.

ii

£105·70.

6

Disabled Child Premium.

6

£51·24 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

7

Carer Premium.

7

£29·50 in respect of each person who satisfies the condition specified in paragraph 14ZA.

8

Enhanced disability premium where the conditions in paragraph 13A are satisfied.

8

a

£20·65 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

b

£13·40 in respect of each person who is neither—

i

a child or young person, nor

ii

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

c

£19·30 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

SCHEDULE 4Applicable amounts specified in the Income Support Regulations

Article 16(7)

Column (1)

Column (2)

Provisions in Income Support Regulations

Specified Sum

Regulation 22A(1)82

Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.

Regulation 71(1)(a)(i)

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Regulation 71(1)(d)83

90 per cent. of the applicable amount.

Schedule 384, paragraph 6(1)(b)

Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).

Schedule 3, paragraph 6(1)(c)

Nil.

Schedule 3, paragraph 7(8)

100 per cent. of the eligible interest.

Schedule 3, paragraph 8(1)(b)

Nil.

Schedule 3, paragraph 10

The weekly amount of housing costs is the amount calculated by applying the formula—

A x B52math

Schedule 3, paragraph 11(5)85

£100,000.

Schedule 3, paragraph 11(7)(a)

The appropriate amount shall be a sum determined by applying the formula P x Q.

Schedule 3, paragraph 11(11)

The qualifying portion of a loan shall be determined by applying the formula—

R x STmath

Schedule 3, paragraph 12(2)86

The standard rate is to be 6∙08 per cent.

Schedule 7, paragraph 2A87

Nil.

Schedule 7, paragraph 7

Nil.

Schedule 7, paragraph 8(a)

Nil

Schedule 7, paragraph 1588

Nil.

SCHEDULE 5Part I of Schedule 4 to the Housing Benefit Regulations as amended by this Order

Article 19(5)

PART IPERSONAL ALLOWANCES

1

The amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 20(a) and 21(a) and (b)—

Column (1)

Column (2)

Person or Couple

Amount

1

Single claimant who—

1

a

is entitled to main phase employment and support allowance;

a

£64·30;

b

is aged not less than 25;

b

£64·30;

c

is aged less than 25.

b

£50·95;

2

Lone parent who—

2

a

is entitled to main phase employment and support allowance;

a

£64·30;

b

is aged not less than 18;

b

£64·30;

c

is aged less than 18.

c

£50·95.

3

Couple where—

3

a

the claimant is entitled to main phase employment and support allowance;

a

£100·95;

b

at least one member is aged not less than 18;

b

£100·95;

c

both members are aged less than 18.

c

£76·90.

2

1

The amount specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 20(b) and 21(c)—

Column (1)

Column (2)

Child or young person

Amount

Person in respect of the period—

a

beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

a

£56·11;

b

beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.

b

£56·11;

SCHEDULE 6Part IV of Schedule 4 to the Housing Benefit Regulations as amended by this Order

Article 19(7)

PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III

Premium

Amount

20

5

Disability Premium—

5

a

where the claimant satisfies the condition in paragraph 12(a);

a

£27·50;

b

where the claimant satisfies the condition in paragraph 12(b).

b

£39·15.

6

Severe Disability Premium—

6

a

where the claimant satisfies the condition in paragraph 14(2)(a);

a

£52·85;

b

where the claimant satisfies the condition in paragraph 14(2)(b)—

b

i

in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(5);

i

£52·85;

ii

in a case where there is no-one in receipt of such an allowance.

ii

£105·70.

7

Disabled Child Premium.

7

£51·24 in respect of each child or young person in respect of whom the condition specified in paragraph 16 is satisfied.

8

Carer Premium.

8

£29·50 in respect of each person who satisfies the condition specified in paragraph 17.

9

Enhanced Disability Premium where the conditions in paragraph 15 are satisfied.

9

a

£20·65 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied;

b

£13·40 in respect of each person who is neither—

i

a child or young person, nor

ii

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 15 are satisfied;

c

£19·30 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15 are satisfied in respect of a member of that couple or polygamous marriage.

SCHEDULE 7Part I of Schedule 4 to the Housing Benefit (SPC) Regulations as amended by this Order

Article 20(5)

PART IPERSONAL ALLOWANCES

1

The amount specified in column (2) in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 20—

Column (1)

Column (2)

Person, couple or polygamous marriage

Amount

1

Single claimant or lone parent aged—

1

a

under 65;

a

£130·00;

b

65 or over.

b

£150·40.

2

Couple—

2

a

both members aged under 65;

a

£198·45;

b

one member or both members aged 65 or over.

b

£225·50.

3

If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—

3

a

for the claimant and the other party to the marriage;

a

£198·45;

b

for each additional spouse who is a member of the same household as the claimant.

b

£68·45.

4

If the claimant is a member of a polygamous marriage and one or more members are aged 65 or over—

4

a

for the claimant and the other party to the marriage;

a

£225·50;

b

for each additional spouse who is a member of the same household as the claimant.

b

£75·10.

2

1

The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 20—

Column (1)

Column (2)

Child or young person

Amount

Person in respect of the period—

a

beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

a

£56·11;

b

beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.

b

£56·11;

SCHEDULE 8Part IV of Schedule 4 to the Housing Benefit (SPC) Regulations as amended by this Order

Article 20(7)

PART IVAMOUNTS OF PREMIUM SPECIFIED IN PART III

Premium

Amount

12

1

Severe Disability Premium—

1

a

where the claimant satisfies the condition in paragraph 6(2)(a);

a

£52·85;

b

where the claimant satisfies the condition in paragraph 6(2)(b)—

b

i

in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);

i

£52·85;

ii

in a case where there is no-one in receipt of such an allowance.

ii

£105·70.

2

Enhanced Disability Premium.

2

£20·65 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.

3

Disabled Child Premium.

3

£51·24 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.

4

Carer Premium.

4

£29·50 in respect of each person who satisfies the condition specified in paragraph 9.

SCHEDULE 9Part I of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

Article 22(3)

PART IPERSONAL ALLOWANCES

1

90 The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages).

Column (1)

Column (2)

Person or Couple

Amount

1

Single claimant aged—

1

a

except where head (b) or (c) applies, less than 18;

a

£50·95;

b

less than 18 who falls within regulation 57(2) and who—

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

b

£50·95;

c

less than 18 who satisfies the condition in paragraph 13(1)(a) of Part III;

c

£50·95;

d

not less than 18 but less than 25;

d

£50·95;

e

not less than 25.

e

£64·30.

2

Lone parent aged—

2

a

except where head (b) or (c) applies, less than 18;

a

£50·95;

b

less than 18 who falls within regulation 57(2) and who—

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

b

£50·95;

c

less than 18 who satisfies the condition in paragraph 13(1)(a) of Part III;

c

£50·95;

d

not less than 18.

d

£64·30.

3

Couple—

3

a

where both members are aged less than 18 and—

i

at least one of them is treated as responsible for a child;

ii

had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 applied;

iii

had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it;

iv

they are married or civil partners and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62;

iva

they are married or civil partners and each member of the couple is a person to whom regulation 59, 60 or 61 applies;

v

there is a direction under Article 18 of the Order in respect of each member;

vi

there is a direction under Article 18 of the Order in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies, or

vii

there is a direction under Article 18 of the Order in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

a

£76·90;

b

where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within regulation 57(2) and either—

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

b

£50·95;

c

where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple—

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order;

c

£50·95;

d

where both members are aged less than 18 and head (a), (b) or (c) of sub-paragraph (3) does not apply but one member of the couple is a person who satisfies the requirements of paragraph 13(1)(a);

d

£50·95;

e

where—

i

both members are aged not less than 18, or

ii

one member is aged not less than 18 and the other member is a person who is—

aa

under 18, and

bb

treated as being responsible for a child;

e

£100·95;

f

where one member is aged not less than 18 and the other member is a person under 18 who—

i

is a person to whom regulation 59, 60 or 61 applies, or

ii

is the subject of a direction under Article 18 of the Order, and

iii

satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

f

£100·95;

g

where one member is aged not less than 18 but less than 25 and the other member is a person under 18—

i

to whom none of regulations 59 to 61 applies, or

ii

who is not the subject of a direction under Article 18 of the Order, and

iii

does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;

g

£50·95;

h

where one member is aged not less than 25 and the other member is a person under 18—

i

to whom none of regulations 59 to 61 applies, or

ii

who is not the subject of a direction under Article 18 of the Order, and

iii

does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.

h

£64·30.

2

1

91 The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

Column (1)

Column (2)

Child or young person

Amount

Person in respect of the period—

a

beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

a

£56·11;

b

beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.

b

£56·11;

SCHEDULE 10Part IV of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

Article 22(5)

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Premium

Amount

20

2

Pensioner premium for persons aged over 60—

2

a

where the claimant satisfies the condition in paragraph 10(a);

a

£65·70;

b

where the claimant satisfies the condition in paragraph 10(b);

b

£97·50;

c

where the claimant satisfies the condition in paragraph 10(c).

c

£97·50;

3

Pensioner Premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.

3

£97·50;

4

Higher Pensioner Premium—

4

a

where the claimant satisfies the condition in paragraph 12(1)(a);

a

£97·50;

b

where the claimant satisfies the condition in paragraph 12(1)(b) or (c).

b

£97·50;

5

Disability Premium—

5

a

where the claimant satisfies the condition in paragraph 13(1)(a);

a

£27·50;

b

where the claimant satisfies the condition in paragraph 13(1)(b) or (c).

b

£39·15.

6

Severe disability premium—

6

a

where the claimant satisfies the condition in paragraph 15(1);

a

£52·85;

b

where the claimant satisfies the condition in paragraph 15(2)—

b

i

if there is someone in receipt of a carer’s allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);

i

£52·85;

ii

if no-one is in receipt of such an allowance.

ii

£105·70.

7

Disabled Child Premium.

7

£51·24 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.

8

Carer Premium.

8

£29·50 in respect of each person who satisfied the condition specified in paragraph 17.

9

Enhanced disability premium where the conditions in paragraph 15A are satisfied.

9

a

£20·65 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;

b

£13·40 in respect of each person who is neither—

i

a child or young person, nor

ii

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 15A are satisfied;

c

£19·30 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.

SCHEDULE 11Part IVB of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

Article 22(6)

PART IVB95WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

Premium

Amount

20M

1

Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.

1

£97·50.

2

Higher pensioner premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.

2

£97·50.

3

Disability premium where one member of a joint-claim couple satisfies the condition in paragraph 20G(1).

3

£39·15.

4

Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—

4

i

if there is someone in receipt of a carer’s allowance or if either member satisfies that condition only by virtue of paragraph 20I(4);

i

£52·85;

ii

if no-one is in receipt of such an allowance.

ii

£105·70.

5

Carer Premium.

5

£29·50 in respect of each person who satisfied the condition specified in paragraph 20J.

6

Enhanced disability premium where the conditions in paragraph 20IA are satisfied.

6

£19·30 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

SCHEDULE 12Applicable amounts specified in the Jobseeker’s Allowance Regulations

Article 22(8)

Column (1)

Column (2)

Provisions in Jobseeker’s Allowance Regulations

Specified Sum

Regulation 145(1)97

Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.

Regulation 146G(1)98

Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.

Regulation 148(1)(a)(i)99

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Regulation 148(1)(d)

90 per cent. of the amount applicable.

Regulation 148A(1)(a)(i)100

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Regulation 148A(1)(d)

90 per cent. of the amount applicable.

Schedule 2, paragraph 6(1)(b)

Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).

Schedule 2, paragraph 6(1)(c)

Nil.

Schedule 2, paragraph 7(1)(b)

Nil.

Schedule 2, paragraph 9101

The weekly amount of housing costs is the amount calculated by applying the formula—

A x B52math

Schedule 2, paragraph 10(4)102

£100,000.

Schedule 2, paragraph 10(6)(a)

The appropriate amount shall be a sum determined by applying the formula P x Q.

Schedule 2, paragraph 10(10)

The qualifying portion of a loan shall be determined by applying the formula—

R x STmath

Schedule 2, paragraph 11(2)103

The standard rate is to be 6∙08 per cent.

Schedule 4, paragraph 4

Nil.

Schedule 4, paragraph 14104

Nil.

Schedule 4A105, paragraph 3

Nil.

SCHEDULE 13Other amounts specified in the State Pension Credit Regulations

Article 24(6)

Column (1)

Column (2)

Provisions in State Pension Credit Regulations

Specified Sum

Regulation 6(3)(a)

Nil.

Regulation 6(3)(b)

Nil.

Regulation 7(3)

Nil.

Schedule 2, paragraph 7(1)

The weekly amount of housing costs shall be calculated by applying the formula—

A x B52math

Schedule 2, paragraph 8(2)106

£100,000.

Schedule 2, paragraph 8(4)(a)

The sum shall be determined by applying the formula P x Q.

Schedule 2, paragraph 8(8)

The qualifying portion of a loan shall be determined by applying the formula—

R x STmath

Schedule 2, paragraph 9(2)107

The standard rate is to be 6∙08 per cent.

Schedule 3, paragraph 2108

Nil.

SCHEDULE 14Part 1 of Schedule 4 to the Employment and Support Allowance Regulations as amended by this Order

Article 25(2)

PART 1PRESCRIBED AMOUNTS

1

109 The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages).

Column (1)

Column (2)

Person or Couple

Amount

1

Single claimant—

1

a

who satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act;

a

£64∙30;

b

aged not less than 25;

b

£64∙30;

c

aged less than 25.

c

£50∙95;

2

Lone parent—

2

a

who satisfies the conditions set out in section 4(4) or (5) of the Act;

a

£64∙30;

b

aged not less than 18;

b

£64∙30;

c

aged less than 18.

c

£50∙95;

3

Couple—

3

a

where both members are aged not less than 18;

a

£100∙95;

b

where one member is aged not less than 18 and the other member is a person under 18 who—

i

had they not been members of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it,

ii

had they not been members of a couple, would satisfy the requirements for entitlement to an income-related allowance,

iii

satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), or

iv

is the subject of a direction under Article 18 of that Order (persons under 18: severe hardship);

b

£100.95;

c

where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and—

i

at least one of them is treated as responsible for a child,

ii

had they not been members of a couple, each would have qualified for an income-related allowance,

iii

had they not been members of a couple the claimant’s partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it,

iv

the claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, or

v

there is in force in respect of the claimant’s partner a direction under Article 18 of that Order;

c

£100.95;

d

where both members are aged less than 18 and—

i

at least one of them is treated as responsible for a child,

ii

had they not been members of a couple, each would have qualified for an income-related allowance,

iii

had they not been members of a couple the claimant’s partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it,

iv

the claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, or

v

there is in force in respect of the claimant’s partner a direction under Article 18 of that Order;

d

£76∙90;

e

where the claimant is aged not less than 25 and the claimant’s partner is a person under 18 who—

i

would not qualify for an income-related allowance if the person were not a member of a couple,

ii

would not qualify for income support if the person were not a member of a couple,

iii

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

iv

is not the subject of a direction under Article 18 of that Order;

e

£64∙30;

f

where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant’s partner is a person under 18 who—

i

would not qualify for an income-related allowance if the person were not a member of a couple,

ii

would not qualify for income support if the person were not a member of a couple,

iii

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

iv

is not the subject of a direction under Article 18 of that Order;

f

£64∙30;

g

where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and head (c) does not apply;

g

£64∙30;

h

where the claimant is aged not less than 18 but less than 25 and the claimant’s partner is a person under 18 who—

i

would not qualify for an income-related allowance if the person were not a member of a couple,

ii

would not qualify for income support if the person were not a member of a couple,

iii

does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

iv

is not the subject of a direction under Article 18 of that Order;

h

£50∙95;

i

where both members are aged less than 18 and head (d) does not apply.

i

£50∙95.

SCHEDULE 15Part 3 of Schedule 4 to the Employment and Support Allowance Regulations as amended by this Order

Article 25(3)

PART 3WEEKLY AMOUNT OF PREMIUMS SPECIFIED IN PART 2

Premium

Amount

11

1

Pensioner premium for a person to whom paragraph 5 applies who—

1

a

is a single claimant and—

a

i

is entitled to the work-related activity component,

i

£40∙20;

ii

is entitled to the support component, or

ii

£34∙85;

iii

is not entitled to either of those components;

iii

£65∙70;

b

is a member of a couple and—

b

i

is entitled to the work-related activity component,

i

£72∙00;

ii

is entitled to the support component, or

ii

£66∙65;

iii

is not entitled to either of those components

iii

£97∙50.

2

Severe disability premium—

2

a

where the claimant satisfies the condition in paragraph 6(2)(a);

a

£52∙85;

b

where the claimant satisfies the condition in paragraph 6(2)(b)—

b

i

if there is someone in receipt of a carer’s allowance or if the person or any partner satisfies that condition only by virtue of paragraph 6(5),

i

£52∙85;

ii

if no-one is in receipt of such an allowance.

ii

£105∙70.

3

Carer Premium

3

£29∙50 in respect of each person who satisfies the condition specified in paragraph 8(1).

4

Enhanced disability premium where the condition in paragraph 7 is satisfied.

4

a

£13∙40 in respect of each person who is neither—

i

a child or young person, nor

ii

a member of a couple or a polygamous marriage,

in respect of whom the condition specified in paragraph 7 is satisfied;

b

£19∙30 where the claimant is a member of a couple or a polygamous marriage and the condition specified in paragraph 7 is satisfied in respect of a member of that couple or polygamous marriage.

SCHEDULE 16Applicable amounts specified in the Employment and Support Allowance Regulations

Article 25(6)

Column (1)

Column (2)

Provisions in Employment and Support Allowance Regulations

Specified Sum

Regulation 163(a)(i)

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Regulation 163(b)(i)

90 per cent. of the amount applicable in respect of the claimant and partner.

Regulation 163(c)(i)

90 per cent. of the amount applicable or, as the case may be, of the reduced amount.

Schedule 6, paragraph 8(1)(c)

Nil.

Schedule 6, paragraph 11

The weekly amount of housing costs is the amount calculated by applying the formula—

A x B52math

Schedule 6, paragraph 12(4)110

£100,000.

Schedule 6, paragraph 12(6)(a)

The appropriate amount shall be a sum determined by applying the formula P x Q.

Schedule 6, paragraph 12(10)

The qualifying portion of a loan shall be determined by applying the formula—

R x STmath

Schedule 6, paragraph 13(2)111

The standard rate is to be 6.08 per cent.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which corresponds to an Order (S.I. 2009/497) made by the Secretary of State for Work and Pensions under sections 150 and 150A of the Social Security Administration Act 1992, alters the rates and amounts of certain social security benefits and other sums.

Part II relates to social security benefits and pensions.

Article 3 and Schedule 1 alter the rates of benefits and increases of benefit (except those referred to in Article 3(1)(b) and (2)) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”).

Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.

Article 5 increases the sums payable as part of a Category A or Category B retirement pension under sections 11(1) and 13(2) of the Pension Schemes (Northern Ireland) Act 1993 (“the Pension Schemes Act”) on account of increases in guaranteed minimum pensions.

Article 6 specifies the dates from which the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased.

Article 7 increases the rate of certain workmen’s compensation in respect of employment before 5th July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the rate of statutory sick pay.

Article 10 specifies the rate of statutory maternity pay.

Article 11 specifies the rates of statutory paternity pay and statutory adoption pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the rates of disability living allowance.

Article 14 specifies the rates of age addition to long-term incapacity benefit which are reduced.

Article 15 increases the rates of transitional invalidity allowance excepting those referred to in Article 15(2) for claimants entitled to long-term incapacity benefit which are reduced.

Part III relates to income support and housing benefit.

Article 16 sets out the sums relevant to the applicable amount for the purposes of income support. Article 16(3) and Schedule 2 set out the personal allowances; Article 16(4) and (5) and Schedule 3 set out the premiums; Article 16(7) and Schedule 4 set out other miscellaneous amounts.

Article 17 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 18 increases the sum by which any income support of a person involved in a trade dispute is reduced.

Article 19 sets out the sums relevant to the applicable amount for the purposes of housing benefit. Article 19(5) and Schedule 5 set out the personal allowances and Article 19(6) and (7) and Schedule 6 set out the premiums.

Article 20 sets out the sums relevant to the applicable amount for the purposes of housing benefit for certain persons over the qualifying age for state pension credit. Article 20(5) and Schedule 7 set out the personal allowances and Article 20(6) and (7) and Schedule 8 set out the premiums.

Part IV relates to jobseeker’s allowance.

Article 21 increases the age-related amounts of contribution-based jobseeker’s allowance.

Article 22 sets out the sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 22(3) and Schedule 9 set out the personal allowances; Article 22(4) and (5) and Schedule 10 set out the premiums; Article 22(6) and Schedule 11 set out the amounts of premiums relevant to joint-claim couples; Article 22(8) and Schedule 12 set out other miscellaneous amounts.

Article 23 increases the sum by which any income-based jobseeker’s allowance of a person involved in a trade dispute is reduced.

Part V relates to state pension credit.

Article 24 and Schedule 13 specify sums relevant to state pension credit.

Part VI relates to employment and support allowance.

Article 25 sets out the sums relevant to the applicable amount for the purposes of employment and support allowance. Article 25(2) and Schedule 14 set out the prescribed amounts; Article 25(3) and Schedule 15 set out the premiums and Article 25(6) and Schedule 16 set out other miscellaneous amounts.

Part VII relates to a revocation.

Article 26 revokes the Social Security Benefits Up-rating Order (Northern Ireland) 2008.