- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order)
This Order provides for an increase in the various rates of carer’s allowance, attendance allowance, disability living allowance, industrial injuries disablement benefit, industrial death benefit, severe disablement allowance, and personal independence payment. The Order comes into force on 1 April 2022. Article 2 comes into force on the first day of the first benefit week to commence for a particular beneficiary on or after 1 April 2022. Articles 3, 4, 5, 6(1)(b), 7, 8 and 9 come into force on 11 April 2022. Articles 3, 4, 5, 6 and 7 set out the dates on which the increases take effect.
Articles 5 and 6 include mandatory re-statements of amounts of payments which are not to be increased. These give effect to the requirement in section 150(2)(c) of the Social Security Administration Act 1992to re-state amounts of payments that are not being increased.
Article 2 amends section 80(4) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) to provide increases in the earnings limits which relate to child dependency increase. This is an additional payment payable to a recipient of carer’s allowance who is entitled to receive child benefit in relation to a child or children. It is payable only to those with transitional protection. Child dependency increase was abolished by section 1(3)(e) and schedule 6 of the Tax Credits Act 2002 but saved for transitional cases by article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003. Given that child benefit is payable, in certain circumstances, until a child reaches the age of 20, child dependency increase is potentially payable until 2023.
Article 3 amends part III of schedule 4 of the 1992 Act to provide increases in both the higher and lower weekly rates of attendance allowance.
Article 4 amends Part III of schedule 4 of the 1992 Act to provide increases in the weekly rate of severe disablement allowance and all three weekly rates of the age related addition of that allowance.
Article 5 amends Part III and Part IV of schedule 4 of the 1992 Act to provide for the increase in the weekly rate of carer’s allowance. It also restates the weekly rate of carer’s allowance increase for a qualifying child.
Article 6 amends Part IV of schedule 4 of the 1992 Act to increase the rates for adult dependants payable with severe disablement allowance. It also restates the rate of increase for a qualifying child.
Article 7 amends Part V of schedule 4 of the 1992 Act to amend various weekly rates of industrial injuries benefit and industrial death benefit, as set out in the schedule. The table below sets out the changes made by this Order to the rates that were applicable in this part of schedule 4 of the 1992 Act immediately prior to this Order coming into force.
Article 8 amends regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 to increase the five weekly rates, as divided across both the care and mobility components, of disability living allowance.
Article 9 amends regulation 24 of the Social Security (Personal Independence Payment) Regulations 2013 to increase the four weekly rates, as divided across both the daily living and mobility components, of personal independence payment.
No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.
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 column (2) of that Table. | ||
Degree of disablement | Amount | ||
(1) | (2) | ||
Percent | £ | ||
100 | Increases from £182.90 to £188.60 | ||
90 | Increases from £164.61 to £169.74 | ||
80 | Increases from £146.32 to £150.88 | ||
70 | Increases from £128.03 to £132.02 | ||
60 | Increases from £109.74 to £113.16 | ||
50 | Increases from £91.45 to £94.30 | ||
40 | Increases from £73.16 to £75.44 | ||
30 | Increases from £54.87 to £56.58 | ||
20 | Increases from £36.58 to £37.72 | ||
2. Maximum increase of weekly rate of disablement pension where constant attendance needed. | (a) | except in cases of exceptionally severe disablement | increases from £73.20 to £75.50 |
(b) | in any case | increases from £146.40 to £151.00 | |
3. Increase of weekly rate of disablement pension (exceptionally severe disablement). | Increases from £73.20 to £75.50 | ||
4. Maximum of aggregate of weekly benefit payable for successive accidents. | Increases from £182.90 to £188.60 | ||
5. Unemployability supplement under paragraph 2 of Schedule 7 | Increases from £113.10 to £116.60 | ||
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 | increases from £23.40 to £24.15 |
(b) | if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and had not attained pensionable age before 6th April 1979 | increases from £23.40 to £24.15 | |
(c) | if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 | increases from £15.00 to £15.50 | |
(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 | increases from £15.00 to £15.50 | |
(e) | in any other case | increases from £7.50 to £7.75 | |
7. Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension. | £11.35 remains the same | ||
8. Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension. | Increases from £67.60 to £69.70 | ||
9. Maximum disablement gratuity under paragraph 9 of Schedule 7. | Increases from £12,140 to £12,520.00 | ||
10. Widow’s pension (weekly rates). | (b) | higher permanent rate | increases from £137.60 to £141.85 |
(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). | Increases from to £137.60 to £141.85 | ||
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 remains the same. |
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: