PART 2SOCIAL 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(a) and (b) (age related addition – higher and middle rates) 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 and V of Schedule 4 to the Contributions and Benefits Act except, in—
a
Part III, the sums specified for—
i
age related addition (higher and middle rates), and
ii
age addition to a pension of any category, and otherwise under section 79 of that Act; and
b
Part V16, the sums specified for the increases under paragraph 3 of Schedule 7 to the Contributions and Benefits Act of the weekly rate of unemployability supplement, 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) and (3) 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 1∙5 per cent.
3
In section 44(4) of the Contributions and Benefits Act17 (basic pension of Category A retirement pension)—
a
for “£86∙20” substitute “£87∙75”; and
b
for “£95∙25” substitute “£97∙65”.
4
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 2009-10;
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 Schedule19 on becoming entitled to a Category A or Category B retirement pension; and
shall in each case remain the same.
Rates or amounts of certain benefits under the Pension Schemes Act5
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 Act24) remain the same.
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act are changed by this Order6
1
Paragraphs (2) to (8), which are subject to the provisions of paragraph (9), 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 shall take effect for each case.
2
Subject to paragraph (3), any increases in the sums mentioned in Articles 3 and 4 for Category A and Category B retirement pension shall take effect on 12th April 2010.
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 Act25,
any increases in the sums mentioned in Articles 3 and 4 for Category A and Category B retirement pensions shall take effect on 15th April 2010.
4
Any increases in the sums specified for the rates of—
a
Category C and Category D retirement pensions;
b
attendance allowance; and
c
carer’s allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday),
shall in all cases take effect on 12th April 2010.
5
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 14th April 2010.
6
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 Act26, by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which they were previously entitled, any increase in such sum shall take effect on 12th April 2010.
7
The changes in the sums specified for the rate of incapacity benefit and severe disablement allowance shall take effect in all cases on 15th April 2010.
8
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 14th April 2010.
9
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 12th April 2010;
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 2010,
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
From and including 14th April 2010 for “£53∙10” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act27 (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) substitute “£53∙90”.
Earnings limits8
In section 80(4) of the Contributions and Benefits Act28 (earnings limits in respect of child dependency increases)—
a
in paragraph (a) for “£195” substitute “£200”; and
b
in paragraph (b) for “£195” substitute “£200” and the sum of £26 remains the same.
Statutory sick pay9
In section 153(1) of the Contributions and Benefits Act29 (rate of payment) the sum of £79∙15 remains the same.
Statutory maternity pay10
In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 198730 (prescribed rate of statutory maternity pay) for “£123∙06” substitute “£124∙88”.
Statutory paternity pay and statutory adoption pay11
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 200231—
a
in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£123∙06” substitute “£124∙88”; and
b
in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£123∙06” substitute “£124∙88”.
Graduated retirement benefit12
1
In section 35(1) of the National Insurance Act (Northern Ireland) 196632 (graduated retirement benefit) the sum of 11∙53 pence remains the same.
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) 197833 (increases for deferred entitlement to a Category A or Category B retirement pension) remain the same.
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) 200534 (increases of graduated retirement benefit and lump sums) remain the same.
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) remain the same.
Disability living allowance13
In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199235 (rate of benefit)—
a
in paragraph (1)(a) for “£70∙35” substitute “£71∙40”;
b
in paragraph (1)(b) for “£47∙10” substitute “£47∙80”;
c
in paragraph (1)(c) for “£18∙65” substitute “£18∙95”;
d
in paragraph (2)(a) for “£49∙10” substitute “£49∙85”; and
e
in paragraph (2)(b) for “£18∙65” substitute “£18∙95”.
Age addition to long-term incapacity benefit14
1
Subject to paragraph (2), in regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 199436 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—
a
in sub-paragraph (a) for “£15∙65” substitute “£18∙65”; and
b
in sub-paragraph (b) for “£6∙55” substitute “£9∙35”.
2
In the case of a claimant entitled to long-term incapacity benefit, the sums specified in regulation 9(2)(a) and (b) shall be reduced to “£15∙00” and “£5∙80” respectively.
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) 199537 (rate of long-term incapacity benefit in transitional cases)—
a
in sub-paragraph (a) the sum of £18∙65 remains the same;
b
in sub-paragraph (b) the sum of £12∙00 remains the same; and
c
in sub-paragraph (c) the sum of £6∙00 remains the same.
2
In the case of a claimant entitled to long-term incapacity benefit—
a
the sums specified in regulation 18(2)(a) and (b) shall be reduced to “£15∙00” and “£8∙40” respectively; and
b
the sum specified in regulation 18(2)(c) shall be increased to “£5∙45”.