The Social Security Benefits Up-rating Order 1993

PART I INTRODUCTION

Citation and commencement

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 1993.

(2) This Order shall come into force for the purposes of—

(a) articles 1, 2, 20 and 22 on 1st April 1993;

(b) article 9 on 6th April 1993;

(c) article 10 on 4th April 1993;

(d) articles 3, 4, 5, 6, 7, 8, 11, 12 and 13 on 12th April 1993;

(e) articles 14, 15 and 21 on 13th April 1993;

(f) articles 16, 17, and 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 12th April 1993, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

(g) article 19(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 12th April 1993;

(h) except in a case to which sub-paragraph (g) applies, article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 1993, and in relation to any other case on 1st April 1993.

(3) The increases made by this Order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 6 of the Order.

Interpretation

2.  In this Order, unless the context otherwise requires—

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992(1);

“the Administration Act” means the Social Security Administration Act 1992(2);

“the Pensions Act” means the Social Security Pensions Act 1975(3);

“the Family Credit Regulations” means the Family Credit (General) Regulations 1987(4);

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991(5);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(6);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regula tions 1987(7); and

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(8).

PART II SOCIAL SECURITY BENEFITS

Increases in rates or amounts of certain benefits under the 1992 Act

3.—(1) In this article, “Schedule 4” means Schedule 4 to the 1992 Act.

(2) The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 6 below; and Schedule 4 shall have effect as set out in Schedule 1 to this Order.

(3) The sums mentioned in paragraph (2) above are the sums specified in Parts I, III, IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit, respectively), except in Part III the sum specified for age addition.

Increases in rates or amounts of certain pensions or allowances under the 1992 Act

4.—(1) The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.

(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the 1992 Act (calculation of weekly rate of retirement allowance) shall be increased by 3.6 per cent. of their amount apart from this Order.

(3) In section 44(4) of the 1992 Act (basic pension in a Category A retirement pension)—

(a) for the sum of £51.95 there shall be substituted the sum of £53.80; and

(b) for the sum of £54.15 there shall be substituted the sum of £56.10.

(4) It is hereby directed(9) 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 1992/93,

(b) the increases in the rates of retirement pensions under Schedule 5 to the 1992 Act (increase of pension where entitlement is deferred), and

(c) payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975(10) or section 63 of the Social Security Act 1986(11),

shall in each case be increased by 3.6 per cent.of their amount apart from this Order.

Increase in rates or amounts of certain benefits under the Pensions Act

5.—(1) The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.

(2) Sums which are payable by virtue of section 35(6) of the Pensions Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occuptional pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 36(3)), shall be increased by—

(a) 3.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1987-88 and earlier tax years, and

(b) 0.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1988-89 and subsequent tax years(12).

Dates on which sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act are increased by this Order

6.—(1) Paragraphs (2) to (8) of this article, which are subject to the provisions of paragraph (9) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act shall take effect for each case.

(2) In relation to the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with sections 25(5), 31(6) or 33(4) of the 1992 Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 15th April 1993 and in relation to all other cases the increases in such sums shall take effect on 12th April 1993.

(3) The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 12th April 1993.

(4) The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance(13), attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 12th April 1993.

(5) The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the 1992 Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the 1992 Act, shall in all cases take effect on 14th April 1993.

(6) 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 50(2) of the 1992 Act by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 12th April 1993 and where it does not fall to be so increased the sum so specified shall take effect on 15th April 1993.

(7) The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increases for dependants), shall take effect in all cases on 15th April 1993.

(8) The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the 1992 Act (retirement allowance) shall take effect on 14th April 1993.

(9) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those Regulations takes effect.

Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948

7.  In Schedule 8 to the 1992 Act the sum of £32.55 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 14th April 1993 for that sum in paragraph 2(6)(c), and from and including 15th April 1993 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £33.70.

Earnings Limits

8.  In section 80(4) of the 1992 Act (earnings limits in respect of child dependency increases) for the sums £115, £15 and £115 there shall be substituted the sums £120, £16 and £120 respectively.

Statutory Sick Pay

9.  In section 157(1) of the 1992 Act (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) the sums specified in paragraph (a) are £52.50 and £190.00 respectively and the sum specified in paragraph (b) is £45.30.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(14) (lower rate of statutory maternity pay) for the sum of £46.30 there shall be substituted the sum of £47.95.

Increase in rate of graduated retirement benefit and increments thereof

11.—(1) In the National Insurance Act 1965(15) the sum of 7.09 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.6 per cent; and from and including 12th April 1993 the reference in that provision to that sum shall have effect as a reference to 7.35 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 1978(16) (increases for deferred retirement) shall be increased by 3.6 per cent. of their amount apart from this Order.

Increase in rates of Disability Living Allowance

12.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(17) (rate of benefit)—

(a) in sub-paragraph (a) of paragraph (1), for the sum of £43.35 there shall be substituted the sum of £44.90;

(b) in sub-paragraph (b) of paragraph (1), for the sum of £28.95 there shall be substituted the sum of £30.00;

(c) in sub-paragraph (c) of paragraph (1), for the sum of £11.55 there shall be substituted the sum of £11.95;

(d) in sub-paragraph (a) of paragraph (2), for the sum of £30.30 there shall be substituted the sum of £31.40;

(e) in sub-paragraph (b) of paragraph (2), for the sum of £11.55 there shall be substituted the sum of £11.95.

Sum specified for child benefit

13.  In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(18) (weekly rates of child benefit)—

(a) in sub-paragraph (a) of paragraph (1), for the sum of £9.65 there shall be substituted the sum of £10.00;

(b) in sub-paragraph (b) of paragraph (1), for the sum of £7.80 there shall be substituted the sum of £8.10; and

(c) in paragraph 2, for the sum £5.85 there shall be substituted the sum of £6.05.

PART III FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT

Family Credit

14.  In the Family Credit Regulations—

(a) in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000;

(b) in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;

(c) in regulation 47 (applicable amount of family credit), for the sum of £66.60 there shall be substituted the sum of £69.00; and

(d) in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order.

Disability Working Allowance

15.  In the Disability Working Allowance Regulations—

(a) in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000;

(b) in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;

(c) in regulation 52(1) (applicable amount of disability working allowance)

(i) in sub-paragraph (a), for the sum of £39.95 there shall be substituted the sum of £41.40;

(ii) in sub-paragraph (b), for the sum of £66.60 there shall be substituted the sum of £69.00; and

(d) in Schedule 5 (determination of appropriate maximum disability working allowance), the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this Order.

Applicable amounts for Income Support

16.—(1) As from 12th April 1993 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules to the Income Support Regulation bearing that number.

(2) In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.

(3) Except as provided for in paragraph (4) below the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 4 to this Order.

(4) In paragraph 2A of Part I of Schedule 2(19) (applicable amounts: residential allowance) the sums specified in sub-paragraph 1(a) and (b) are £45.00 and £50.00 respectively.

(5) In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £9.30 there shall be substituted the sum of £9.65.

(6) The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 5 to this Order.

(7) In paragraph 11(1) of Schedule 3(20) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (a) for the sum of £18.00, there shall be substituted the sum of £21.00; and

(b) in sub-paragraph (b) the sum specified is £4.00.

(8) In paragraph 11(2) of Schedule 3(21) (non-dependant deductions)—

(a) in sub-paragraph (i) for the sum of £65.00 there shall be substituted the sum of £70.00;

(b) in sub-paragraph (ii) the sums specified shall be £70.00, £105.00 and £8.00 respectively; and

(c) in sub-paragraph (iii) the sums specified shall be £105.00, £135.00 and £12.00 respectively.

(9) In paragraph 6(2) of Schedule 4, for the sum of £205.00 there shall be substituted the sum of £215.00 and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order.

(10) Except as provided in paragraphs (2) and (9) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this Order.

(11) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this Order.

(12) Except as provided in paragraph (11) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.

(13) The sums specified in any provision of the Income Support Regulation set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.

Income Support Transitional Protection

17.  Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(22) shall be increased by 3.6 per cent. of the amount apart from this Order.

The Relevant Sum for Income Support

18.  In section 126(7) of the 1992 Act (trade disputes: the relevant sum) the substituted sum is £23.50.

Applicable amounts for Housing Benefit

19.—(1) As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount and specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Housing Benefit Regulations bearing that number.

(2) In regulations 16(b), 17(c) and paragraph 14(a) of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.

(3) In regulation 18(1) (patients), for the sum of £13.55 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £14.05, for the sum of £10.85 in subparagraph (c)(i) and (d)(i) there shall be substituted the sum of £11.20 and for the sum of £27.10 in sub-paragraph (c)(ii) there shall be substituted the sum of £28.10.

(4) In regulation 63(1)(23) (non-dependant deductions)—

(a) in sub-paragraph (a) for the sum of £18.00, there shall be substituted the sum of £21.00; and

(b) in sub-paragraph (b) the sum specified is £4.00.

(5) In regulation 63(2)(24) (non-dependant deductions)—

(a) in sub-paragraph (a) for the sum of £65.00 there shall be substituted the sum of £70.00;

(b) in sub-paragraph (b) the sums specified shall be £70.00, £105.00 and £8.00 respectively; and

(c) in sub-paragraph (c) the sums specified shall be £105.00, £135.00 and £12.00 respectively.

(6) In paragraph 1A(25) of Part I of Schedule 1 (ineligible service charges), for the sums £15.20, £15.20, £7.65, £10.10, £10.10, £5.05 and £1.85 there shall be substituted the sums respectively £15.75, £15.75, £7.95, £10.45, £10.45, £5.25 and £1.90.

(7) In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £8.60, £1.05, £0.70 and £1.05 respectively.

(8) The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.

(9) In paragraph 3 of Part II of Schedule 2(26) (applicable amounts: family premium) for the sum of £9.30 there shall be substituted the sum of £9.65.

(10) The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order.

Applicable amounts for Council Tax Benefit

20.—(1) As from 1st April 1993 the sums relevant to the calculation of an applicable amount and specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and in Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Council Tax Benefit Regulation bearing that number.

(2) In regulation 8(b), 9(c) and paragraph 15(a) of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.

(3) In regulation 10(1) (patients), for the sum of £13.55 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £14.05, for the sum of £10.85 in sub-paragraphs (c)(i) and (d)(i) there shall be substituted the sum of £11.20 and for the sum of £27.10 in paragraph (c)(ii) there shall be substituted the sum of £28.10.

(4) In regulation 52 (non-dependant deductions) the sums specified in paragraph (1)(a) and (b) are £2.00 and £1.00 respectively and for the sum of £100.00 in paragraph (2) there shall be substituted the sum of £105.00.

(5) The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 11 of this Order.

(6) In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium), for the sum of £9.30 there shall be substituted the sum of £9.65.

(7) The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order.

(8) In column 1 of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit), for the sums £100.00, £100.00 and £130.00, there shall be substituted the sums £105.00, £105.00 and £135.00 respectively.

PART IV TRANSITIONAL PROVISIONS AND REVOCATIONS

Transitional Provisions

21.  Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 14 and 15 of this Order, where a period of entitlement to family credit or disability working allowance is running at 13th April 1993, the rate at which it is payable shall be the weekly rate in force for the period prior to the 13th April 1993 until the end of the period of entitlement.

Revocations

22.  The following provisions are hereby revoked—

(a) the whole of the Social Security Benefits Up-rating (No. 2) Order 1991(27); and

(b) the whole of the Social Security Benefits Up-rating Order 1991(28), in so far as not previously revoked.

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

17th February 1993

We consent,

Gregory Knight

Tim Kirkhope

Two of the Lords Commissioners of Her Majesty’s Treasury

22nd February 1993