The Social Security Benefits Up-rating Order 2005

PART 1 INTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2005.

(2) Subject to paragraph (3), this Order shall come into force for the purposes of—

(a) articles 1, 2, 6, 21, 22 and 27, on 1st April 2005;

(b) 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 2005, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(c) articles 3 to 5, 7, 12, 13 and 26, on 11th April 2005;

(d) article 9, on 6th April 2005;

(e) article 10, on 3rd April 2005, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1)(1) of the Contributions and Benefits Act(2), for which purpose it shall come into force on 11th April 2005;

(f) article 11, on 3rd April 2005;

(g) articles 14 and 15, on 14th April 2005;

(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 11th April 2005, 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 4th April 2005, and in relation to any other case, on 1st April 2005;

(j) articles 23 to 25, 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 11th April 2005, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations.

(3) The increases 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 23(c) in so far as it is relevant for the purposes referred to in article 6(11),

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

Interpretation

2.  In this Order—

“the Administration Act” means the Social Security Administration Act 1992;

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996(3);

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

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(4);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(5);

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

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(7);

“the Pension Schemes Act” means the Pension Schemes Act 1993(8);

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002(9); and

“the 2003 Regulations” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003(10).

(1)

Section 35A was inserted by section 53 of the 1999 Act. Subsection (1) was substituted by section 48 of the Employment Act 2002. The rate of maternity allowance is linked to the prescribed rate of statutory maternity pay set out in regulation 6 of S.I. 1986/1960.

(2)

1992 c. 4 (“the Contributions and Benefits Act”).

(3)

S.I. 1996/2745; the relevant amending instrument is S.I. 2002/842.

(4)

S.I. 1992/1814; the relevant amending instruments are S.I. 1993/688 and 2118, 1994/1924, 1996/462, 1510, 1803, 2518 and 2545, 1998/776, 1999/2555, 2000/2239 and 2629 and 2002/2497.

(5)

S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444, 1989/416 and 1017, 1990/546 and 1775, 1992/50, 1993/2118, 1994/578, 1996/462, 1803, 2432, 2518 and 2545, 1997/65, 1998/766, 1999/2555, 2000/2239 and 2629 and 2002/2497.

(6)

S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1445 and 2022, 1989/1034, 1990/547, 1168, 1776 and 2324, 1992/3147, 1993/2119, 1994/527, 1995/516, 1613 and 2927, 1996/206, 1803, 2431, 2518 and 2545, 1998/563 and 766, 1999/2422, 2555 and 3109, 2000/636, 2239 and 2629, 2001/3651, 2002/2497 and 3019 and 2003/1121 and 1195 and 2004/552.

(7)

S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1517, 1803, 2518, 2538 and 2545, 1998/766, 1999/2555 and 2860, 2000/636, 1978, 2239 and 2629, 2001/518, 3651 and 3767 and 2003/1121 and 1195.

(8)

1993 c. 48.

(9)

S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3197 and 2003/2274.

(10)

S.I. 2003/325; the relevant amending instruments are S.I. 2003/1338 and 2275.