The Social Security (2022 Benefits Up-rating) Order (Northern Ireland) 2023

PART 3 INCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support

20.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations (1) shall be the sums set out in this Article and Schedules 2 and 3 to this Order; and unless stated otherwise, 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) and 21(1) (2); and

(b) paragraphs 13A(2)(a) and 14(2)(a) of Part III of Schedule 2 (3),

the sum specified is in each case £3,000 (which remains the same).

(3) In Part I of Schedule 2 (applicable amounts: personal allowances)—

(a) the sums specified in paragraph 1 shall be as set out in Schedule 2 to this Order; and

(b) in paragraph 2(1) (4), in sub-paragraphs (a) and (b) of column (2) of the table for “£68.60” substitute “£70.80”.

(4) In paragraph 3(1) of Part II of Schedule 2 (5) (applicable amounts: family premium) for the sum of “£17.65”, in both places, substitute “£17.85”.

(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 11(5) of Schedule 3 (6) (general provisions applying to housing costs) as it has effect in a case falling within regulation 20 of the Loans for Mortgage Interest Regulations (7) the sum of £100,000 remains the same.

(7) In paragraph 18 of Schedule 3 (8) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) for “£102.85” and “£15.95” substitute “£106.05” and “£16.45” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£149.00” substitute “£154.00”,

(ii) in head (b) for “£149.00”, “£217.00” and “£36.65” substitute “£154.00”, “£224.00” and “£37.80” respectively,

(iii) in head (c) for “£217.00”, “£283.00” and “£50.30” substitute “£224.00”, “£292.00” and “£51.85” respectively,

(iv) in head (d) for “£283.00”, “£377.00” and “£82.30” substitute “£292.00”, “£389.00” and “£84.85” respectively, and

(v) in head (e) for“£377.00”, “£469.00” and “£93.70” substitute “£389.00”, “£484.00” and “£96.60” respectively.

Income support transitional protection

21.  The sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987 (9) shall be increased by 3.1 per cent.

Relevant sum for income support

22.  In section 125(7) of the Contributions and Benefits Act (trade disputes) for “£41.00” substitute “£42.50”.

Housing benefit

23.—(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 4 and 5 to this Order; and unless stated otherwise, 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 remain the same.

(3) In regulation 72 (10) (non-dependant deductions)—

(a) in paragraph (1) for “£102.85” and “£15.95” substitute “£106.05” and “£16.45” respectively; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£149.00” substitute “£154.00”,

(ii) in sub-paragraph (b) for “£149.00”, “£217.00” and “£36.65” substitute “£154.00”, “£224.00” and “£37.80” respectively,

(iii) in sub-paragraph (c) for “£217.00”, “£283.00” and “£50.30” substitute “£224.00”, “£292.00” and “£51.85” respectively,

(iv) in sub-paragraph (d) for “£283.00”, “£377.00” and “£82.30” substitute “£292.00”, “£389.00” and “£84.85” respectively, and

(v) in sub-paragraph (e) for “£377.00”, “£469.00” and “£93.70” substitute “£389.00”, “£484.00” and “£96.60” respectively.

(4) In Schedule 1 (11) (ineligible service charges)—

(a) in paragraph 2 for “£29.20”, “£29.20”, “£14.80”, “£19.45”, “£19.45”, “£9.75” and “£3.60” substitute “£30.10”, “£30.10”, “£15.25”, “£20.05”, “£20.05”, “£10.05” and “£3.70” respectively; and

(b) in paragraph 6(2) for “£34.30”, “£4.00”, “£2.75” and “£4.00” substitute “£35.25”, “£4.10”, “£2.85” and “£4.10” respectively.

(5) In Part I of Schedule 4 (applicable amounts: personal allowances)—

(a) the sums specified in paragraph 1 shall be as set out in Schedule 4 to this Order; and

(b) in paragraph 2(1), in sub-paragraphs (a) and (b) of column (2) of the table for “£68.60” substitute “£70.80”.

(6) In paragraph 3(1) of Part II of Schedule 4 (12) (applicable amounts: family premium) as it has effect in a case falling within regulation 5 (transitional provision) of the Housing Benefit (Abolition of the Family Premium and date of claim) Regulations—

(a) in sub-paragraph (a) the sum of £22.20 remains the same; and

(b) in sub-paragraph (b), for “£17.65” substitute “£17.85”.

(7) The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums) shall be as set out in Schedule 5 to this Order.

(8) In Part VI of Schedule 4 (13) (amount of component)—

(a) in paragraph 25, as it has effect in cases falling within paragraphs 2 to 7 of Schedule 2 to the Employment and Support Allowance Regulations 2017, for “£29.70” substitute “£30.60”; and

(b) in paragraph 26, for “£39.40” substitute “£40.60”.

(9) In paragraph 17(1) and (3)(c) of Schedule 5 (14) (sums to be disregarded in the calculation of earnings) the sum of £17.10 remains the same.

(10) In paragraph 58 of Schedule 6 (15) (sums to be disregarded in the calculation of income other than earnings)the sum of £17.10 remains the same.

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

24.—(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 6 and 7 to this Order; and unless stated otherwise, 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 remain the same.

(3) In regulation 53 (16) (non-dependant deductions)—

(a) in paragraph (1) for “£102.85” and “£15.95” substitute “£106.05” and “£16.45” respectively; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£149.00” substitute “£154.00”,

(ii) in sub-paragraph (b) for “£149.00”, “£217.00” and “£36.65” substitute “£154.00”, “£224.00” and “£37.80” respectively,

(iii) in sub-paragraph (c) for “£217.00”, “£283.00” and “£50.30” substitute “£224.00”, “£292.00” and “£51.85” respectively,

(iv) in sub-paragraph (d) for “£283.00”, “£377.00” and “£82.30” substitute “£292.00”, “£389.00” and “£84.85” respectively, and

(v) in sub-paragraph (e) for “£377.00”, “£469.00” and “£93.70” substitute “£389.00”, “£484.00” and “£96.60” respectively.

(4) In Schedule 1 (17) (ineligible service charges)—

(a) in paragraph 2 for “£29.20”, “£29.20”, “£14.80”, “£19.45”, “£19.45”, “£9.75” and “£3.60” substitute “£30.10”, “£30.10”, “£15.25”, “£20.05”, “£20.05”, “£10.05” and “£3.70” respectively; and

(b) in paragraph 6(2) for “£34.30”, “£4.00”, “£2.75” and “£4.00” substitute “£35.25”, “£4.10”, “£2.85” and “£4.10” respectively.

(5) In Part I of Schedule 4 (18) (applicable amounts: personal allowances)—

(a) the sums specified in paragraph 1 shall be as set out in Schedule 6 to this Order; and

(b) in paragraph 2(1), in sub-paragraphs (a) and (b) of column (2) of the table for “£68.60” substitute “£70.80”.

(6) In paragraph 3(1) of Part II of Schedule 4 (19) (applicable amounts: family premium) as it has effect in a case falling within regulation 5 (transitional provision) of the Housing Benefit (Abolition of Family Premium and date of claim) Regulations for “£17.65” substitute “£17.85”.

(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 7 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 5 (20) (sums disregarded from claimant’s earnings) the sum of £17.10 remains the same.

(9) In paragraph 22 of Schedule 6 (21) (amounts to be disregarded in the calculation of income other than earnings) the sum of £17.10 remains the same.

(1)

See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit

(2)

Regulation 17(1)(b) was amended by regulation 4(7) of S.R. 1993 No. 373, regulation 18(1)(c) was amended by regulation 4(8) of S.R. 1993 No. 373 and regulation 21(1) was amended by regulation 4(3) of S.R. 1994 No. 77, regulation 12 of S.R. 1996 No. 199, regulation 2(2) of S.R. 1996 No. 449 and paragraph 6(a) of the Schedule to S.R. 2002 No. 132;see also regulation 4 of S.R. 2017 No. 79 and Article 20(2)(a) of S.R. 2022 No. 231

(3)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367 and sub-paragraph (2) was substituted by regulation 2(7)(f) of S.R. 2007 No. 154 and paragraph 14 was substituted by regulation 2(7)(g) of S.R. 2007 No. 154 and sub-paragraph (2) was amended by regulation 3(6)(b) of S.R. 2011 No. 135, Article 14(5)(e)(ii) of S.I. 2013/3021,regulation 11(5)(d)(ii) of S.R. 2016 No. 228 and paragraph 5(4)(b) of Schedule 2 to S.I. 2021/786;see also regulation 4 of S.R. 2017 No. 79 and Article 20(2)(b) of S.R. 2022 No. 231

(4)

Paragraph 2(1) was amended by regulation 2(2), 2(3) and 2(7)(a) of S.R. 1996 No. 476, regulation 2(1) of S.R. 1999 No. 382 and regulation 2(8) of S.R. 2006 No. 128

(5)

Paragraph 3 was amendedby regulation 18 of S.R. 1988 No. 318, regulation 5(4)(a) of S.R. 1996 No. 288, regulation 8 of S.R. 1998 No. 112 and Article 20(4) of S.R. 2022 No. 231;see also regulation 4 of S.R. 2017 No. 79

(6)

See S.R. 2008 No. 503 which modifies paragraph 11(5) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons

(7)

Regulation 20 was substituted by regulation 2(14) of S.R. 2018 No. 37

(8)

Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18(1) and (2) was amended by regulation 2(3)(j)(i) and (ii) of S.R. 1995 No. 434, regulation 3 of S.R. 1997 No. 3, Article 7(2) of S.R. 1999 No. 472 (C. 36), regulation 4(b)(i) of S.R. 2004 No. 394, Article 9(6) of S.R. 2017 No. 187 and Article 20(7) of S.R. 2022 No. 231

(9)

S.R. 1987 No. 460; regulation 15 was amended by regulation 10 of S.R. 1988 No. 132, regulation 2(3) of S.R. 1988 No. 153, regulation 4 of S.R. 1989 No. 371, regulation 3 of S.R. 1991 No. 341 and Article 21 of S.R. 2022 No. 231

(10)

Regulation 72(1) and (2) was amended by Article 20(3) of S.R. 2012 No. 116 and Article 23(3) of S.R. 2022 No. 231

(11)

Paragraphs 2 and 6(2) were amended by Article 23(4) of S.R. 2022 No. 231

(12)

Part II of Schedule 4 was omitted by regulation 3(1)(c) of S.R. 2016 No. 310 and regulation 5 of that instrument makes transitional arrangements in connection with the abolition of the family premium; paragraph 3(1) was amended by regulation 19(7)(a) of S.R. 2011 No. 357 and Article 23(6) of S.R. 2022 No. 231

(13)

Part VI was added by regulation 3(17)(d) of S.R. 2008 No. 378 and the heading was amended by paragraph 6(7)(b)(i) of Schedule 1 to S.R. 2017 No. 51 but the wording remains in force for certain cases under Schedule 2 to that Rule and paragraph 26 wasamended by Article 23(8) of S.R. 2022 No. 231

(14)

Paragraph 17(1) and (3)(c) was amended by regulation 2(6)(b) of S.R. 2009 No. 382 and Article 23(9) of S.R. 2022 No. 231

(15)

Paragraph 58 was amended by Article 23(10) of S.R. 2022 No. 231

(16)

Regulation 53(1) and (2) was amended by Article 24(3) of S.R. 2022 No. 231

(17)

Paragraphs 2 and 6(2) were amended by Article 24(4) of S.R. 2022 No. 231

(18)

Paragraphs 1 and 2(1) were amend ed by Article 24(5) of S.R. 2022 No. 231

(19)

Part II of Schedule 4 was omitted by regulation 3(2)(b ) of S.R. 2016 No. 310 and regulation 5 of that Rulemakes transitional arrangements in connection with the abolition of the family premium; paragraph 3(1) was amended by Article 24(6) of S.R. 2022 No. 231

(20)

Paragraph 9 was amended by Article 24(8) of S.R. 2022 No. 231

(21)

Paragraph 22 was amended by regulation 6(6)(d) of S.R. 2008 No. 498 and Article 24(9) of S.R. 2022 No. 231