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The Social Security Benefits Up-rating Order 2007 (revoked)

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Statutory Instruments

2007 No. 688

social security

TERMS AND CONDITIONS OF EMPLOYMENT

The Social Security Benefits Up-rating Order 2007

Made

7th March 2007

Coming into force in accordance with Article 1

The Secretary of State for Work and Pensions has made a review as required by section 150(1) M1 of the Social Security Administration Act 1992 and it appeared to him that the general level of prices was greater at the end of the period under review than it was at the beginning of the period.

A draft of this Order was laid before Parliament in accordance with sections 150(2) and 190(1)(a) of that Act, and approved by a resolution of each House.

The Treasury M2 has consented to the making of this Order.

Accordingly, the Secretary of State for Work and Pensions in exercise of the powers conferred by sections 150 M3, 151 M4 and 189(1), (4) and (5) M5 of the Social Security Administration Act 1992 makes the following Order.

Marginal Citations

M11992 c. 5 (“the Administration Act”). Section 150 was amended by paragraph 28 of Schedule 8 to the Pension Schemes Act 1993 (c. 48) (“the 1993 Act”), sections 2(3) and 9(4) of the Social Security (Incapacity for Work) Act 1994 (c.18) (“the 1994 Act”), paragraph 64 of Schedule 2 to the Jobseekers Act 1995 (c. 18) (“the 1995 Act”), section 131(2) of the Pensions Act 1995 (c. 26), paragraph 24 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”), paragraph 16 of Schedule 2 to the State Pension Credit Act 2002 (c. 16) (“the 2002 Act”), paragraph 35 of Schedule 3, and Schedule 6, to the Tax Credits Act 2002 (c. 21) (“the Tax Credits Act”), paragraph 14 of Schedule 7 to the Employment Act 2002 (c. 22), paragraph 21 of Schedule 11 to the Pensions Act 2004 (c. 35), paragraph 8 of the Schedule to S.I. 2005/2053 and by article 2 of S.I. 2006/2839. See also section 4(8) of the 1994 Act and regulation 18(3) of S.I. 1995/310.

M2See section 189(8) of the Administration Act.

M3The functions of the Secretary of State under section 150, so far as relating to child benefit and guardian's allowance, were transferred to the Commissioners of Inland Revenue by section 50(1) of the Tax Credits Act. The functions of those Commissioners were transferred to the Commissioners for Her Majesty's Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50 of that Act provides that in so far as appropriate in consequence of section 5 a reference to the Commissioners of Inland Revenue (in whatever terms) is to be read as a reference to the Commissioners for Her Majesty's Revenue and Customs.

M4Section 151 was amended by paragraph 29 of Schedule 8 to the 1993 Act, section 130(2) of the Pensions Act 1995 and paragraph 22 of Schedule 11 to the Pensions Act 2004.

M5Section 189(1) was amended by paragraph 109 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (“the 1998 Act”) (c. 14), paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act.

PART 1 INTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2007.

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

(a)this article and articles 2, 6, 21, 22 and 27, on 1st April 2007;

(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 2007, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(c)article 3—

(i)in so far as it relates to any increase to which article 6(10)(b) applies, on 1st April 2007; and

(ii)for all other purposes, on 9thApril 2007;

(d)articles 4, 5, 7, 12 and 13, on 9th April 2007;

(e)article 9, on 6th April 2007;

(f)article 10, on 1st April 2007, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) M6 of the Contributions and Benefits Act M7, for which purpose it shall come into force on 9th April 2007;

(g)article 11, on 1st April 2007;

(h)articles 14 and 15, on 12th April 2007;

(i)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 9th April 2007, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

(j)articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 2nd April 2007, and in relation to any other case, on 1st April 2007;

(k)articles 23 to 25, in so far as they relate to a particular beneficiary—

(i)for the purposes of article 23(c), in so far as it relates to an increase to which article 6(10)(b) applies, on 1st April 2007; and

(ii)for all other purposes, on the first day of the first benefit week to commence for that beneficiary, on or after 9th April 2007, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker's Allowance Regulations; and

(l)article 26, 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 9th April 2007, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit 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(10),

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

Marginal Citations

M6Section 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.

M71992 c. 4 (“the Contributions and Benefits Act”).

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 M8;

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

the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006 M9;

the Council Tax Benefit (SPC) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 M10;

the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 M11;

the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 M12;

the Income Support Regulations” means the Income Support (General) Regulations 1987 M13;

the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 M14;

the Pension Schemes Act” means the Pension Schemes Act 1993 M15; and

the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 M16.

Marginal Citations

M8S.I. 1996/2745; the relevant amending instrument is S.I. 2002/842.

M9S.I. 2006/215; the relevant amending instruments are S.I. 2006/645 and 718.

M10S.I. 2006/216; the relevant amending instruments are S.I. 2006/645 and 718.

M11S.I. 2006/213; the relevant amending instruments are S.I. 2006/645 and 718.

M12S.I. 2006/214; the relevant amending instruments are S.I. 2006/645 and 718.

M13S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663 and 1445, 1989/534 and 1043, 1990/1168 and 1776, 1992/3147, 1993/2119, 1994/527, 1995/516, 1613 and 2927, 1996/206, 1803, 2518, 2524 and 2545, 1998/766, 1999/2422, 2555, 3019 and 3178, 2000/636, 2239 and 2629, 2001/3651 and 3767, 2002/398, 2497 and 3019, 2003/455, 2004/2327 and 2825, 2005/3360 and 2006/588, 645 and 718.

M14S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1803, 2518 and 2545, 1998/766, 1999/2555 and 2860, 2000/636, 1978, 2239 and 2629, 2001/518, 3651 and 3767, 2002/398, 2003/455 and 511, 2004/2327 and 2825, 2005/2877 and 2006/645 and 718.

M16S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3197, 2004/2327 and 2845, 2005/3360 and 2006/588, 645 and 2378.

PART 2 SOCIAL SECURITY BENEFITS AND PENSIONS

Increase in rates or amounts of certain benefits under the Contributions and Benefits Act

3.—(1) The sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6 so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except paragraph 5 of Part III of that Schedule (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, IV and V of Schedule 4 to the Contributions and Benefits Act except, in—

(a)Part III, the sums specified for age addition to a pension of any category and otherwise under section 79 of that Act;

(b)Part IV, the sums specified in column (2) (increase for qualifying child); and

(c)Part V, the sums specified for the increase in disablement pension for dependant children, widow's pension (initial rate) and death benefit allowance in respect of children and qualifying young persons M17,

which remain the same.

Marginal Citations

M17Part V of Schedule 4 to the Contributions and Benefits Act was amended by paragraph 15 of Schedule 1 to the Child Benefit Act 2005 (c. 6).

Increase in rates or amounts of certain pensions and allowances under the Contributions and Benefits Act

4.—(1) The sums specified in paragraphs (2) to (5) 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 3.6 per cent.

(3) In section 44(4) of the Contributions and Benefits Act M18 (basic pension in a Category A retirement pension)—

(a)for “£75.35” substitute “ ;£78.05” and

(b)for “£84.25” substitute “ ;£87.30” .

(4) It is directed M19 that the sums which are—

(a)additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2006-2007;

(b)increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act M20 (increase of pension where entitlement is deferred);

(c)lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule M21 on becoming entitled to a Category A or Category B retirement pension (entitlement to lump sum where pensioner's deceased spouse or civil partner has deferred entitlement); and

(d)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 M22, section 63 of the Social Security Act 1986 M23 or section 150(1)(e) of the Administration Act,

shall in each case be increased by 3.6 per cent.

(5) The sums which, under—

(a)section 55A of the Contributions and Benefits Act M24, are shared additional pensions; and

(b)paragraph 2 of Schedule 5A to the Contributions and Benefits Act M25, are increases in the rates of such pensions,

shall in each case be increased by 3.6 per cent.

Marginal Citations

M18Section 44(4) was substituted by section 68 of the 1998 Act.

M19See section 151(1) of the Administration Act.

M20Schedule 5 was amended by paragraph 42 of Schedule 8 to the 1993 Act, paragraph 40 of Schedule 1 to the 1994 Act, paragraphs 6 and 21 of Schedule 4, and Schedule 7, to the Pensions Act 1995, section 39 of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”) and Schedule 6 to the Tax Credits Act.

M21Paragraph 7A was inserted by paragraph 11 of Schedule 11 to the Pensions Act 2004 and amended by paragraph 5(11) of the Schedule to the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053).

M221975 c. 14; section 126A was inserted by section 12 of the Social Security Act 1979 (c. 18) and repealed by section 86 of, and Schedule 11 to, the Social Security Act 1986 (c. 50).

M24Section 55A was inserted by paragraph 3 of Schedule 6 to the 1999 Act and amended by section 41(3) of the 2000 Act.

M25Schedule 5A was inserted by paragraph 15 of Schedule 11 to the Pensions Act 2004.

Increase in rates or amount of certain benefits under the Pension Schemes Act

5.—(1) It is directed M26 that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6.

(2) Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person's guaranteed minimum pension if payment of his occupational 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 17(2) and (3) of that Act), shall be increased by—

(a)3.6 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years M27; and

(b)0.6 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.

Marginal Citations

M26See section 151(2) of the Administration Act.

M27See section 151(4) of the Administration Act. Under section 151(4), where an increment under section 15(1) of the 1993 Act is increased by an order under section 109 of that Act, the increase that would otherwise fall to be made by this Order is reduced by the amount of the increase under section 109. Section 109 of the 1993 Act was amended by section 55 of the Pensions Act 1995. The Guaranteed Minimum Pensions Increase Order 2007 (S.I. 2007/686) provides for an increase of 3 per cent. where the increase under section 15(1) is attributable to the tax years 1988-89 and subsequent tax years up to and including 1996-97.

Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order

6.—(1) Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.

(2) Subject to paragraph (3), any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 9th April 2007.

(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 Act M28,

any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 12th April 2007.

(4) The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 9th April 2007.

(5) Any increases in the sums specified for—

(a)the rate of—

(i)Category C and Category D retirement pension,

(ii)attendance allowance, and

(iii)carer's allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); and

(b)any increases in—

(i)Category C retirement pension and carer's allowance referred to in sub-paragraph (a)(i) and (iii), and

(ii)maternity allowance, widowed mother's allowance and widowed parent's allowance,

in respect of dependants,

shall in all cases take effect on 9th April 2007.

(6) Any increases in the sums specified for—

(a)the rate of—

(i)carer's allowance in a case where the Secretary of State 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 M29,

(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 heads (i), (iii) and (iv) of sub-paragraph (a) in respect of dependants, and

(ii)disablement pension,

shall in all cases take effect on 11th April 2007.

(7) 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 Act M30 by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 9th April 2007.

(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 12th April 2007.

(9) 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 11th April 2007.

(10) Any increases in the sums specified in articles 3 and 23(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 M31, 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 9th April 2007;

(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 2007,

and for the purpose of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.

Marginal Citations

M28Section 30B was inserted by section 2(1) of the 1994 Act, subsection (3) was amended by paragraph 21(3) of Schedule 4 to the Pensions Act 1995, Schedule 6 to the Tax Credits Act and paragraph 15 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).

M29The words “qualifying young persons” were inserted into Schedule 7 to the Contributions and Benefits Act by paragraph 16(2) of Schedule 1 to the Child Benefit Act 2005.

M30Section 47(1) was amended by paragraph 13 of Schedule 1 to the 1994 Act. Section 48C was inserted by paragraph 3 of Schedule 4 to the Pensions Act 1995 and amended by S.I. 2005/2053.

M31See sections 82(3)(a), 83(2)(b) and 84(2)(b) of the Contributions and Benefits Act, regulations 8 and 10(2) of, and paragraph 7 of Schedule 2 to, the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343) (“the 1977 Regulations”) and regulation 10 of the Social Security (Incapacity Benefit—Increases for Dependants) Regulations 1994 (S.I. 1994/2945). Relevant amending instruments are S.I. 1984/1698 and 1699, 1987/355, 1988/554, 1989/523 and 1642, 1992/3041, 1994/2945, 1996/1345 and 2745 and 2002/2497. Paragraph 7 of Schedule 2 to the 1977 Regulations was also amended by section 37 of the Social Security Act 1986.

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

7.  From and including—

(a)11th April 2007, for “£46.95” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen's compensation);

(b)12th April 2007, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),

substitute “ ;£48.65” .

Earnings Limits

8.  In section 80(4) of the Contributions and Benefits Act M32 (earnings limits in respect of child dependency increases)—

(a)for “£175.00”, in both places where it occurs, substitute “£180.00”; and

(b)for “£23.00” substitute “ ;£24.00” .

Marginal Citations

M32Section 80 was repealed by Schedule 6 to the Tax Credits Act. Article 3 of S.I. 2003/938 saves the repealed provision in certain circumstances.

Statutory Sick Pay

9.  In section 157(1) of the Contributions and Benefits Act M33 (rate of payment of statutory sick pay) for “£70.05” substitute “ ;£72.55” .

Marginal Citations

M33Relevant amending instrument is S.I. 2006/645.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 M34 (prescribed rate of statutory maternity pay) for “£108.85” substitute “ ;£112.75” .

Marginal Citations

M34S.I. 1986/1960; relevant amending instruments are S.I. 2002/2690 and 2006/645.

Statutory Paternity Pay and Statutory Adoption Pay

11.  In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 M35

(a)in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£108.85” substitute “ ;£112.75”; ” and

(b)in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£108.85” substitute “ ;£112.75” .

Marginal Citations

M35S.I. 2002/2818; relevant amending instruments are S.I. 2004/925 and 2006/645.

Increase in rate of graduated retirement benefit

12.—(1) In section 36(1) of the National Insurance Act 1965 M36 (graduated retirement benefit)—

(a)the sum of 10.20 pence shall be increased by 3.6 per cent.; and

(b)from and including 9th April 2007 the reference in that provision to that sum shall have effect as a reference to 10.57 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 M37 (increases for deferred retirement) shall be increased by 3.6 per cent.

(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 2005 M38 (increases of graduated retirement benefit and lump sums) shall be increased by 3.6 per cent.

(4) The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.6 per cent.

Marginal Citations

M361965 c. 51. Sections 36 and 37 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 3 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393), in the modified form set out in Schedule 1 to those Regulations; relevant amending instruments are S.I. 1989/1642, 1995/2606, 1996/1345, 2005/454 and 3078 and 2006/645. See also regulation 2 of those Regulations, which was substituted by S.I. 1995/2606.

M37S.I. 1978/393; relevant amending instruments are S.I. 1989/1642 and 2005/454.

M38S.I. 2005/454; relevant amending instruments are S.I. 2005/2677 and 3078.

Increase in rates of Disability Living Allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 M39 (rate of benefit)—

(a)in paragraph (1)(a) for “£62.25” substitute “ ;£64.50”; ”

(b)in paragraph (1)(b) for “£41.65” substitute “£43.15”;

(c)in paragraph (1)(c) for “£16.50” substitute “£17.10”;

(d)in paragraph (2)(a) for “£43.45” substitute “£45.00”; and

(e)in paragraph (2)(b) for “£16.50” substitute “£17.10”.

Marginal Citations

M39S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939 and 2006/645.

Increase in rates of age addition to long-term incapacity benefit

14.  In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 M40 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a)in sub-paragraph (a) for “£16.50” substitute “£17.10”; and

(b)in sub-paragraph (b) for “£8.25” substitute “£8.55”.

Marginal Citations

M40S.I. 1994/2946; relevant amending instrument is S.I. 2006/645.

Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases

15.  In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 M41 (rate of long-term incapacity benefit in transitional cases)—

(a)in sub-paragraph (a) for “£16.50” substitute “£17.10”;

(b)in sub-paragraph (b) for “£10.60” substitute “£11.00”; and

(c)in sub-paragraph (c) for “£5.30” substitute “£5.50”.

Marginal Citations

M41S.I. 1995/310; relevant amending instrument is S.I. 2006/645.

PART 3 INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT

Applicable amounts for Income Support

16.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in this article and Schedules 2 to 5 to this Order; and unless stated otherwise any reference in this article to a numbered Schedule is a reference to the Schedule to the Income Support Regulations bearing that number.

(2) In—

(a)regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and

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

the sum specified is in each case £3,000.

(3) The sums specified in Part I of Schedule 2 M42 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.

(4) In paragraph 3 of Part II of Schedule 2 M43 (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) for “£16.25” substitute “£16.43”; and

(b)in sub-paragraph (1)(b) for “£16.25” substitute “£16.43”.

(5) The sums specified in Part IV of Schedule 2 M44 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3 M45 (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)in sub-paragraph (1)(b) “£7.40” remains unchanged;

(c)in sub-paragraph (2)(a) for “£106.00” substitute “£111.00”;

(d)in sub-paragraph (2)(b)—

(i)for “£106.00” substitute “ ;£111.00”

(ii)for “£157.00” substitute “ ;£164.00”

(iii)“£17.00” remains unchanged;

(e)in sub-paragraph (2)(c)—

(i)for “£157.00” substitute “ ;£164.00”

(ii)for “£204.00” substitute “ ;£213.00”

(iii)“£23.35” remains unchanged;

(f)in sub-paragraph (2)(d)—

(i)for “£204.00” substitute “ ;£213.00”

(ii)for “£271.00” substitute “ ;£283.00”

(iii)“£38.20” remains unchanged; and

(g)in sub-paragraph (2)(e)—

(i)for “£271.00” substitute “ ;£283.00”

(ii)for “£338.00” substitute “ ;£353.00”

(iii)“£43.50” remains unchanged.

(7) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 M46 (applicable amounts in special cases) which are not increased by this Order are the sums set out in Schedule 4 to this Order.

(8) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.

(9) In paragraph 19(b) of Schedule 9 M47 (sums to be disregarded in the calculation of income other than earnings) for “£11.95” substitute “ ;£15.45” .

Marginal Citations

M42Relevant amending instruments are S.I. 1990/1168, 1996/206 and 2524, 1999/2555, 2003/455 and 2006/645 and 718.

M43Relevant amending instruments are S.I. 1996/1803, 1998/766, 2003/455 and 2006/645.

M44Relevant amending instruments are S.I. 1990/1776, 1996/1803, 2000/2239 and 2629, 2002/2497 and 3019 and 2006/645.

M45Schedule 3 was substituted by S.I. 1995/1613; relevant amending instruments are S.I. 1995/2927, 1996/2518, 1999/3178, 2004/2327 and 2006/645.

M46Relevant amending instruments are S.I. 2000/636 and 2005/3360.

M47Relevant amending instruments are S.I. 1994/527, 1995/516 and 2006/645.

Income Support Transitional Protection

17.  It is directed M48 that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 M49 (special transitional addition) shall be increased by 3.0 per cent.

Marginal Citations

M48See section 151(6) of the Administration Act.

M49S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 1991/1600.

The Relevant Sum for Income Support

18.  In section 126(7) of the Contributions and Benefits Act M50 (trade disputes: the relevant sum) for “£31.00” substitute “ ;£32.00” .

Marginal Citations

M50See section 126(8) of the Contributions and Benefits Act.

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 as specified in the Housing Benefit Regulations shall be the sums set out in this article and Schedules 6 and 7 to this Order; and unless otherwise stated, any reference to a numbered Schedule is a reference to the Schedule to the Housing Benefit Regulations bearing that number.

(2) In regulation 27(3) (calculation of income on a weekly basis)—

(a)in sub-paragraph (a) “ ;£175.00” remains unchanged; ” and

(b)in sub-paragraph (b) “£300.00” remains unchanged.

(3) In regulation 74 (non-dependant deductions)—

(a)in paragraph (1)(a) “£47.75” remains unchanged;

(b)in paragraph (1)(b) “£7.40” remains unchanged;

(c)in paragraph (2)(a) for “£106.00” substitute “£111.00”;

(d)in paragraph (2)(b)—

(i)for “£106.00” substitute “ ;£111.00”

(ii)for “£157.00” substitute “ ;£164.00”

(iii)“£17.00” remains unchanged;

(e)in paragraph (2)(c)—

(i)for “£157.00” substitute “ ;£164.00”

(ii)for “£204.00” substitute “ ;£213.00”

(iii)“£23.35” remains unchanged;

(f)in paragraph (2)(d)—

(i)for “£204.00” substitute “ ;£213.00”

(ii)for “£271.00” substitute “ ;£283.00”

(iii)“£38.20” remains unchanged; and

(g)in paragraph (2)(e)—

(i)for “£271.00” substitute “ ;£283.00”

(ii)for “£338.00” substitute “ ;£353.00”

(iii)“£43.50” remains unchanged.

(4) In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£20.50”, “£20.50”, “£10.35”, “£13.65”, “£13.65”, “£6.85” and “£2.50” substitute “£21.10”, “£21.10”, “£10.65”, “£14.05”, “£14.05”, “£7.05” and “£2.60” respectively.

(5) In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges)—

(a)in sub-paragraph (2)(a) for “£11.95” substitute “£15.45”;

(b)in sub-paragraph (2)(b) and (d) for “£1.40” substitute “£1.80”; and

(c)in sub-paragraph (2)(c) for “£0.95” substitute “£1.25”.

(6) The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

(7) In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) “£22.20” remains unchanged;

(b)in sub-paragraph (1)(b) for “£16.25” substitute “£16.43”; and

(c)in sub-paragraph (2) “£10.50” remains unchanged.

(8) The sums specified in Part 4 of Schedule 3 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.

(9) In paragraph 17(1) and (3)(c) of Schedule 4 (sums to be disregarded in the calculation of earnings) for “£14.90” substitute “ ;£15.45” .

(10) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 22(b) for “£11.95” substitute “£15.45”; and

(b)in paragraph 56 for “£14.90” substitute “ ;£15.45” .

Housing Benefit for certain persons over the qualifying age for State Pension Credit

20.—(1) As from a date determined in accordance with article 1 of this Order, 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 8 and 9 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit (SPC) Regulations bearing that number.

(2) In regulation 30(3) (calculation of income on a weekly basis)—

(a)in sub-paragraph (a) “£175.00” remains unchanged; and

(b)in sub-paragraph (b) “£300.00” remains unchanged.

(3) In regulation 55 (non-dependant deductions)—

(a)in paragraph (1)(a) “£47.75” remains unchanged;

(b)in paragraph (1)(b) “£7.40” remains unchanged;

(c)in paragraph (2)(a) for “£106.00” substitute “£111.00”;

(d)in paragraph (2)(b)—

(i)for “£106.00” substitute “ ;£111.00”

(ii)for “£157.00” substitute “ ;£164.00”

(iii)“£17.00” remains unchanged;

(e)in paragraph (2)(c)—

(i)for “£157.00” substitute “ ;£164.00”

(ii)for “£204.00” substitute “ ;£213.00”

(iii)“£23.35” remains unchanged;

(f)in paragraph (2)(d)—

(i)for “£204.00” substitute “ ;£213.00”

(ii)for “£271.00” substitute “ ;£283.00”

(iii)“£38.20” remains unchanged; and

(g)in paragraph (2)(e)—

(i)for “£271.00” substitute “ ;£283.00”

(ii)for “£338.00” substitute “ ;£353.00”

(iii)“£43.50” remains unchanged.

(4) In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£20.50”, “£20.50”, “£10.35”, “£13.65”, “£13.65”, “£6.85” and “£2.50” substitute “£21.10”, “£21.10”, “£10.65”, “£14.05”, “£14.05”, “£7.05” and “£2.60” respectively.

(5) In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges)—

(a)in sub-paragraph (2)(a) for “£11.95” substitute “£15.45”;

(b)in sub-paragraph (2)(b) and (d) for “£1.40” substitute “£1.80”; and

(c)in sub-paragraph (2)(c) for “£0.95” substitute “£1.25”.

(6) The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(7) In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium)—

(a)in sub-paragraph (1) for “£16.25” substitute “£16.43”; and

(b)in sub-paragraph (2) “£10.50” remains unchanged.

(8) The sums specified in Part 4 of Schedule 3 (applicable amounts: amounts of premiums specified in Part 3) shall be as set out in Schedule 9 to this Order.

(9) In paragraph 9(1) and (3)(c) of Schedule 4 (sums disregarded from claimant's earnings) for “£14.90” substitute “ ;£15.45” .

(10) In paragraph 21 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£14.90” substitute “ ;£15.45” .

Council Tax Benefit

21.—(1) The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in this article and Schedules 10 and 11 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit Regulations bearing that number.

(2) In regulation 17(3) (calculation of income on a weekly basis)—

(a)in sub-paragraph (a) “£175.00” remains unchanged; and

(b)in sub-paragraph (b) “£300.00” remains unchanged.

(3) In regulation 58 (non-dependant deductions)—

(a)in paragraph (1)(a) “£6.95” remains unchanged;

(b)in paragraph (1)(b) “£2.30” remains unchanged;

(c)in paragraph (2)(a) for “£157.00” substitute “£164.00”;

(d)in paragraph (2)(b)—

(i)for “£157.00” substitute “ ;£164.00”

(ii)for “£271.00” substitute “ ;£283.00”

(iii)“£4.60” remains unchanged; and

(e)in paragraph (2)(c)—

(i)for “£271.00” substitute “ ;£283.00”

(ii)for “£338.00” substitute “ ;£353.00”

(iii)“£5.80” remains unchanged.

(4) The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.

(5) In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) “£22.20” remains unchanged;

(b)in sub-paragraph (1)(b) for “£16.25” substitute “£16.43”; and

(c)in sub-paragraph (2) “£10.50” remains unchanged.

(6) The sums specified in Part 4 of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 11 to this Order.

(7) In the Table in paragraph 1 of Schedule 2 M51 (amount of alternative maximum council tax benefit)—

(a)in sub-paragraph (2)(b)(i) for “£157.00” substitute “£162.00”;

(b)in sub-paragraph (2)(b)(ii) for “£157.00” and “£204.00” substitute “ ;£162.00” and “£210.00” respectively.

(8) In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£14.90” substitute “ ;£15.45” .

(9) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 22(b) for “£11.95” substitute “£15.45”; and

(b)in paragraph 56 for “£14.90” substitute “ ;£15.45” .

Marginal Citations

M51Relevant amending instrument is S.I. 2006/588.

Council Tax Benefit for certain persons over the qualifying age for State Pension Credit

22.—(1) The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 12 and 13 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit (SPC) Regulations bearing that number.

(2) In regulation 20(3) (calculation of income on a weekly basis)—

(a)in sub-paragraph (a) “£175.00” remains unchanged; and

(b)in sub-paragraph (b) “£300.00” remains unchanged.

(3) In regulation 42 (non-dependant deductions)—

(a)in paragraph (1)(a) “£6.95” remains unchanged;

(b)in paragraph (1)(b) “£2.30” remains unchanged;

(c)in paragraph (2)(a) for “£157.00” substitute “£164.00”;

(d)in paragraph (2)(b)—

(i)for “£157.00” substitute “£164.00”;

(ii)for “£271.00” substitute “ ;£283.00”

(iii)“£4.60” remains unchanged; and

(e)in paragraph (2)(c)—

(i)for “£271.00” substitute “ ;£283.00”

(ii)for “£338.00” substitute “ ;£353.00”

(iii)“£5.80” remains unchanged.

(4) The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 12 to this Order.

(5) In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium)—

(a)in sub-paragraph (1) for “£16.25” substitute “£16.43”; and

(b)in sub-paragraph (2) “£10.50” remains unchanged.

(6) The sums specified in Part 4 of Schedule 1 (amounts of premiums specified in Part 3) shall be as set out in Schedule 13 to this Order.

(7) In paragraph 9(1) and (3)(c) of Schedule 2 (sums disregarded from claimant's earnings) for “£14.90” substitute “ ;£15.45” .

(8) In paragraph 21 of Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) for “£14.90” substitute “ ;£15.45” .

(9) In the Table in paragraph 1 of Schedule 6 M52 (amount of alternative maximum council tax benefit)—

(a)in sub-paragraph (2)(b)(i) for “£157.00” substitute “£162.00”; and

(b)in sub-paragraph (2)(b)(ii) for “£157.00” and “£204.00” substitute “ ;£162.00” and “£210.00” respectively.

Marginal Citations

M52Relevant amending instrument is S.I. 2006/588.

PART 4 JOBSEEKER'S ALLOWANCE

Increase in age-related amounts of contribution-based Jobseeker's Allowance

23.  In regulation 79(1) of the Jobseeker's Allowance Regulations M53 (weekly amounts of contribution-based jobseeker's allowance)—

(a)in sub-paragraph (a) for “£34.60” substitute “£35.65”;

(b)in sub-paragraph (b) for “£45.50” substitute “£46.85”; and

(c)in sub-paragraph (c) for “£57.45” substitute “£59.15”.

Marginal Citations

M53Relevant amending instrument is S.I. 2006/645.

Applicable amounts for Jobseeker's Allowance

24.—(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker's Allowance Regulations shall be the sums set out in this article and Schedules 14 to 19 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Jobseeker's Allowance Regulations bearing that number.

(2) In—

(a)regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and

(b)paragraphs 15A(2)(a) M54 and 16(a) of Part III of Schedule 1,

the sum specified is in each case £3,000.

(3) The sums specified in Part I of Schedule 1 M55 (applicable amounts: personal allowances) shall be as set out in Schedule 14 to this Order.

(4) In paragraph 4 of Part II of Schedule 1 M56 (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) for “£16.25” substitute “£16.43”; and

(b)in sub-paragraph (1)(b) for “£16.25” substitute “£16.43”.

(5) The sums specified in Part IV of Schedule 1 M57 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 15 to this Order.

(6) The sums specified in Part IVB of Schedule 1 M58 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 16 to this Order.

(7) In paragraph 17 of Schedule 2 M59 (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)in sub-paragraph (1)(b) “£7.40” remains unchanged;

(c)in sub-paragraph (2)(a) for “£106.00” substitute “£111.00”;

(d)in sub-paragraph (2)(b)—

(i)for “£106.00” substitute “ ;£111.00”

(ii)for “£157.00” substitute “ ;£164.00”

(iii)“£17.00” remains unchanged;

(e)in sub-paragraph (2)(c)—

(i)for “£157.00” substitute “ ;£164.00”

(ii)for “£204.00” substitute “ ;£213.00”

(iii)“£23.35” remains unchanged;

(f)in sub-paragraph (2)(d)—

(i)for “£204.00” substitute “ ;£213.00”

(ii)for “£271.00” substitute “ ;£283.00”

(iii)“£38.20” remains unchanged; and

(g)in sub-paragraph (2)(e)—

(i)for “£271.00” substitute “ ;£283.00”

(ii)for “£338.00” substitute “ ;£353.00”

(iii)“£43.50” remains unchanged.

(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 M60 (applicable amounts in special cases) which are not increased by this Order are the sums set out in Schedule 17 to this Order.

(9) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A M61 (applicable amounts of joint-claim couples in special cases) which are not increased by this Order are the sums set out in Schedule 18 to this Order.

(10) In paragraph 20(b) of Schedule 7 M62 (sums to be disregarded in the calculation of income other than earnings), for “£11.95” substitute “ ;£15.45” .

(11) The sums specified in any provision of the Jobseeker's Allowance Regulations set out in column (1) of Schedule 19 to this Order are the sums set out in column (2) of that Schedule.

Marginal Citations

M54Paragraph 15A was inserted by S.I. 2000/2629 and amended by S.I. 2003/455 and 1195.

M55Relevant amending instruments are S.I. 1996/1516 and 2545, 1999/2555, 2000/1978, 2003/455 and 2005/2877.

M56Relevant amending instruments are S.I. 1996/1803, 1998/766, 2003/455 and 2006/645.

M57Relevant amending instruments are S.I. 1996/1516 and 1803, 2000/2239 and 2629 and 2003/455 and 511.

M58Part IVB was inserted by S.I. 2000/1978 and amended by S.I. 2000/2629, 2001/518 and 2003/511.

M59Relevant amending instruments are S.I. 1996/2518, 1999/2860, 2004/2327 and 2006/645.

M60Relevant amending instrument is S.I. 2000/636.

M62Relevant amending instrument is S.I. 2006/645.

The Prescribed Sum for Jobseeker's Allowance

25.  In regulation 172 of the Jobseeker's Allowance Regulations M63 (trade disputes: prescribed sum) for “£31.00” substitute “ ;£32.00” .

Marginal Citations

M63See section 15(6) of the 1995 Act.

PART 5 STATE PENSION CREDIT

State Pension Credit

26.—(1) The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in this article and Schedule 20 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the State Pension Credit Regulations bearing that number.

(2) In regulation 6 M64 (amount of the guarantee credit)—

(a)in paragraph (1)(a) for “£174.05” substitute “£181.70”;

(b)in paragraph (1)(b) for “£114.05” substitute “£119.05”;

(c)in paragraph (5)(a) for “£46.75” substitute “£48.45”;

(d)in paragraph (5)(b) for “£93.50” substitute “£96.90”; and

(e)in paragraph (8) for “£26.35” substitute “£27.15”.

(3) In regulation 7 M65 (savings credit)—

(a)in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and

(b)in paragraph (2) for “£84.25” and “£134.75” substitute “ ;£87.30” and “ ;£139.60” respectively.

(4) In paragraph 14 of Schedule II M66 (persons residing with the claimant)—

(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)in sub-paragraph (1)(b) “£7.40” remains unchanged;

(c)in sub-paragraph (2)(a) for “£106.00” substitute “£111.00”;

(d)in sub-paragraph (2)(b) for “£106.00” and “£157.00” substitute “ ;£111.00” and “£164.00” respectively and “£17.00” remains unchanged;

(e)in sub-paragraph (2)(c) for “£157.00” and “£204.00” substitute “ ;£164.00” and “£213.00” respectively and “£23.35” remains unchanged;

(f)in sub-paragraph (2)(d) for “£204.00” and “£271.00” substitute “ ;£213.00” and “£283.00” respectively and “£38.20” remains unchanged; and

(g)in sub-paragraph (2)(e) for “£271.00” and “£338.00” substitute “ ;£283.00” and “£353.00” respectively and “£43.50” remains unchanged.

(5) In paragraph 1 (polygamous marriages) of Schedule III M67

(a)in sub-paragraph (5) for “£174.05” and “£60.00” substitute “ ;£181.70” and “£62.65” respectively; ”and

(b)in sub-paragraph (7) for “£134.75” substitute “£139.60”.

(6) The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 20 to this Order are the amounts set out in column (2) of that Schedule.

Marginal Citations

M64Relevant amending instrument is S.I. 2006/645.

M65Relevant amending instrument is S.I. 2006/645.

M66Relevant amending instruments are S.I. 2002/3197, 2004/2327 and 2006/645 and 2378.

M67Relevant amending instruments are S.I. 2002/3197 and 2006/645.

PART 6 REVOCATION

Revocation

27.  The Social Security Benefits Up-rating Order 2006 M68 is hereby revoked.

Marginal Citations

Signed by authority of the Secretary of State for Work and Pensions.

James Purnell

Minister of State,

Department for Work and Pensions

6th March 2007

We consent,

Dave Watts

Alan Campbell

Two of the Lords Commissioners of Her Majesty's Treasury

7th March 2007

Article 3(1)

SCHEDULE 1PROVISIONS OF SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER

PART I CONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate
2.Short-term incapacity benefit M69.(a) lower rate£61.35;
(b) higher rate£72.55.
2A.Long-term incapacity benefit.£81.35.
5.Category B retirement pension where section 48A(3) applies.£52.30.

Marginal Citations

M69Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the 1995 Act. Paragraph 2 was substituted, and paragraph 2A was inserted, by section 2(2) of the 1994 Act; paragraph 3 was repealed by section 11(2) of, and Schedule 2 to, that Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995.

PART II BEREAVEMENT PAYMENT

Bereavement payment M70.£2,000.00.

Marginal Citations

M70Part II was substituted by section 54(2) of the 1999 Act.

PART III NON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate
1.Attendance allowance.(a) higher rate£64.50;
(b) lower rate£43.15,
(the appropriate rate being determined in accordance with section 65(3)).
2.Severe disablement allowance.£49.15.
3.Age related addition.(a) higher rate£17.10;
(b) middle rate£11.00;
(c) lower rate£5.50,
(the appropriate rate being determined in accordance with section 69(1)).
4.Carer's allowance M71.£48.65.
6.Category C retirement pension.(a) lower rate£31.30;
(b) higher rate£52.30,
(the appropriate rate being determined in accordance with section 78(5)).
7.Category D retirement pension.The higher rate for Category C retirement pensions under paragraph 6 above.
8.Age addition (to a pension of any category, and otherwise under section 79).£0.25.

Marginal Citations

M71Relevant amending instrument is S.I. 2002/1457.

PART IV INCREASES FOR DEPENDANTS

Benefit to which increase applies (1)M72Increase for qualifying child (2)Increase for adult dependant (3)
££
1A.Short-term incapacity benefit M73
(a)where the beneficiary is under pensionable age;11.3537.90
(b)where the beneficiary is over pensionable age.11.3546.80
2.Long-term incapacity benefit.11.3548.65
3.Maternity allowance.37.90
4.Widowed mother's allowance.11.35
4A.Widowed parent's allowance M74.11.35
5.Category A or B retirement pension.11.3552.30
6.Category C retirement pension.11.3531.30
8.Severe disablement allowance.11.3529.25
9.Carer's allowance.11.3529.05

Marginal Citations

M72The entries relating to widowed mother's allowance and widowed parent's allowance in column (1) and the increase for a qualifying child in column (2) were repealed by section 60 of, and Schedule 6 to, the Tax Credits Act 2002. Articles 3 and 4 of S.I. 2003/938 save the repealed provisions in certain circumstances.

M73Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the 1995 Act. Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the 1994 Act.

M74Paragraph 4A was inserted by paragraph 14 of Schedule 8 to the 1999 Act.

PART V RATES OF INDUSTRIAL INJURIES BENEFIT

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 that Table, using—
(a)column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a dependant M75;
(b)column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled;
TABLE
Degree of DisablementAmount
(1)(2)(3)
Per cent.££
100131.7080.70
90118.5372.63
80105.3664.56
7092.1956.49
6079.0248.42
5065.8540.35
4052.6832.28
3039.5124.21
2026.3416.14
2.Maximum increase of weekly rate of disablement pension where constant attendance needed.(a)except in cases of exceptionally severe disablement£52.70;
(b)in any case£105.40.
3.Increase of weekly rate of disablement pension (exceptionally severe disablement).£52.70.
4.Maximum of aggregate of weekly benefit payable for successive accidents.(a)for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a dependant M76£131.70;
(b)for any period during which the beneficiary is not over the age of 18 and not so entitled£80.70.
5.Unemployability supplement under paragraph 2 of Schedule 7.£81.35.
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£17.10;
(b)if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979£17.10;
(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45£11.00;
(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£11.00;
(e)in any other case£5.50.
7.Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension.£11.35.
8.Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension.£48.65.
9.Maximum disablement gratuity under paragraph 9 of Schedule 7.£8,750.00.
10.Widow's pension (weekly rates).(a)initial rate M77£57.65;
(b)higher permanent rate£87.30;
(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).£87.30.
12.Weekly rate of allowance in respect of children and qualifying young persons M78 under paragraph 18 of Schedule 7.In respect of each child or qualifying young person£11.35.

Marginal Citations

M75The words “child or adult” were omitted by paragraph 15(2) of Schedule 1 to the Child Benefit Act 2005 (c. 6) (“the 2005 Act”).

M76The words “child or adult” were omitted by paragraph 15(2) of Schedule 1 to the 2005 Act.

M77Widow's pension is payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act). The initial rate relates only to the period of 26 weeks following the date of the deceased's death (paragraph 16(1) of that Schedule). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.

M78Paragraph 12 was amended by paragraph 15(3) of Schedule 1 to the 2005 Act which inserted the words “and qualifying young persons” and substituted the words “child or qualifying young person”.

Article 16(3)

SCHEDULE 2PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

PART I PERSONAL ALLOWANCES

1.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages)—

(1)(2)
Person or CoupleAmount
(1) M79 Single claimant aged—(1)
(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;(a)£35.65;
(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;(b)£46.85;
(c)less than 18 who satisfies the condition in paragraph 11(a);(c)£46.85;
(d)not less than 18 but less than 25;(d)£46.85;
(e)not less than 25.(e)£59.15.
(2) Lone parent aged—(2)
(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;(a)£35.65;
(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;(b)£46.85;
(c)less than 18 who satisfies the condition in paragraph 11(a);(c)£46.85;
(d)not less than 18.(d)£59.15.
(3) M80 Couple—(3)
(a)where both members are aged less than 18 and—(a)£70.70;
(i)at least one of them is treated as responsible for a child; or
(ii)had they not been members of a couple, each would have qualified for income support under regulation 4ZA; or
(iii)the claimant's partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or
(iv)there is in force in respect of the claimant's partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);
(b)where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;(b)£46.85;
(c)where both members are aged less than 18 and heads (a) and (b) do not apply;(c)£35.65;
(d)where both members are aged not less than 18;(d)£92.80;
(e)where one member is aged not less than 18 and the other member is a person under 18 who—(e)£92.80;
(i)qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple; or
(ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or
(iii)is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);
(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—(f)£46.85;
(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and
(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and
(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);
(g)where the claimant is aged not less than 25 and his partner is a person under 18 who—(g)£59.15.
(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and
(ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and
(iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).

Marginal Citations

M79Sub-paragraphs (1) and (2) were substituted by S.I. 1990/1168 and amended by S.I. 1996/206.

M80Sub-paragraph (3) was substituted by S.I. 1996/206.

2.—(1) M81 The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

(1)(2)
Child or Young PersonAmount
Person in respect of the period—
(a)beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;(a)£47.45;
(b)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.(b)£47.45.

Marginal Citations

M81Relevant amending instruments are S.I. 1996/2545, 2003/455 and 2006/645 and 718.

Article 16(5)

SCHEDULE 3PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

PART IV WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

(1)(2)
PremiumAmount
15.—(1A) M82 Bereavement Premium.(1A)£26.80.
(2) M83 Pensioner premium for persons to whom paragraph 9 applies.(2)£88.90.
(2A) Pensioner premium for persons to whom paragraph 9A applies.(2A)£88.90.
(3) Higher pensioner premium for persons to whom paragraph 10 applies.(3)£88.90.
(4) Disability Premium—(4)
(a)where the claimant satisfies the condition in paragraph 11(a);(a)£25.25;
(b)where the claimant satisfies the condition in paragraph 11(b).(b)£36.00.
(5) Severe Disability Premium—(5)
(a)where the claimant satisfies the condition in paragraph 13(2)(a);(a)£48.45;
(b)where the claimant satisfies the condition in paragraph 13(2)(b)—(b)
(i)if there is someone in receipt of a carer's allowance M84 or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);(i)£48.45;
(ii)if no-one is in receipt of such an allowance.(ii)£96.90.
(6) Disabled Child Premium.(6) £46.69 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.
(7) M85 Carer Premium.(7) £27.15 in respect of each person who satisfied the condition specified in paragraph 14ZA.
(8) M86 Enhanced disability premium where the conditions in paragraph 13A are satisfied.(8)
(a)£18.76 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
(b)£12.30 in respect of each person who is neither—
(i)a child or young person; nor
(ii)a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 13A are satisfied;
(c)£17.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

Marginal Citations

M82Sub-paragraph (1A) was inserted by S.I. 2000/2239.

M83Sub-paragraphs (2), (2A) and (3) were substituted by S.I. 2002/3019.

M84Relevant amending instrument is S.I. 2002/2497.

M85Sub-paragraph (7) was added by S.I. 1990/1776.

M86Sub-paragraph (8) was added by S.I. 2000/2629 and amended by S.I. 2003/455.

Article 16(7)

SCHEDULE 4INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES

(1) Provisions in Schedule 7(2) Specified Sum
2A. M87 Patients with a prison sentence.Nil.
7. Members of religious orders.Nil.
8. Prisoners.Nil.
17. M88 Person from abroad.Nil.

Marginal Citations

M87Paragraph 2A was substituted by S.I. 2005/3360.

M88Relevant amending instrument is S.I. 2000/636.

Article 16(8)

SCHEDULE 5OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

(1)(2)
Provision in Income Support RegulationsSpecified Sum
Regulation 22A(1) M89Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Regulation 71(1)(a)(i) M9090 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 71(1)(d)90 per cent. of the applicable amount.
Schedule 3 M91, paragraph 5(3)The relevant fraction shall be obtained in accordance with the formula—
Schedule 3, paragraph 6(1)(b) M92Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).
Schedule 3, paragraph 6(1)(c)Nil.
Schedule 3, paragraph 7(8)100 per cent. of eligible interest.
Schedule 3, paragraph 8(1)(b)Nil.
Schedule 3, paragraph 10 M93The weekly amount of housing costs is the amount calculated by the formula—
Schedule 3, paragraph 11(5)£100,000.
Schedule 3, paragraph 11(7)(a)The appropriate amount shall be a sum determined by applying the formula P x Q.
Schedule 3, paragraph 11(11) M94The qualifying portion of a loan shall be determined by the formula—
Schedule 3, paragraph 12(2) M95The standard rate shall be 1.58 per cent. plus the appropriate rate under sub-paragraph (a) or (b) as the case may be.
Schedule 3, paragraph 12(6)5.88 per cent.

Marginal Citations

M89Regulation 22A was inserted by S.I. 1996/206 and paragraph (1) was amended by S.I. 1999/2422 and 3019 and 2001/3767.

M90Relevant amending instruments are S.I. 1988/663 and 1445, 1989/534 and 1043, 1992/3147, 1993/2119, 1994/527, 1996/206, 1999/2422, 2000/636, 2001/3767, 2002/398, 2003/455 and 2006/588.

M91Schedule 3 was substituted by S.I. 1995/1613.

M92Relevant amending instrument is S.I. 1995/2927.

M93Paragraph 10 was substituted by S.I. 2001/3651 and amended by S.I. 2004/2825.

M95Relevant amending instrument is S.I. 2004/2825.

Article 19(6)

SCHEDULE 6PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 22(a) and 23(a) and (b)—

Column (1)Column (2)
Person or CoupleAmount
(1) Single claimant aged—(1)
(a)

less than 25;

(b)

(a)£46.85;
(b)

not less than 25.

(c)

(b)£59.15.
(2) Lone parent aged—(2)
(a)

less than 18;

(a)

(a)£46.85;
(b)

not less than 18.

(b)

(b)£59.15.
(3) Couple—(3)
(a)where both members are aged less than 18;(a)£70.70;
(b)where at least one member is aged not less than 18.(b)£92.80.

2.—(1) M96 The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 22(b) and 23(c)—

Column (1)Column (2)
Child or Young PersonAmount
Person in respect of the period—
(a)beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;(a) £47.45;
(b)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.(b) £47.45.

Marginal Citations

M96Relevant amending instrument is S.I. 2006/718.

Article 19(8)

SCHEDULE 7PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

PremiumAmount
20.—(1) Bereavement Premium.(1) £26.80.
(2) Pensioner Premium for persons aged under 75—(2)
(a)where the claimant satisfies the condition in paragraph 9(a);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 9(b).(b)£88.90.
(3) Pensioner Premium for persons aged 75 and over—(3)
(a)where the claimant satisfies the condition in paragraph 10(a);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 10(b).(b)£88.90.
(4) Higher Pensioner Premium—(4)
(a)where the claimant satisfies the condition in paragraph 11(1)(a) or (b);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 11(2)(a) or (b).(b)£88.90.
(5) Disability Premium—(5)
(a)where the claimant satisfies the condition in paragraph 12(a);(a)£25.25;
(b)where the claimant satisfies the condition in paragraph 12(b).(b)£36.00.
(6) Severe Disability Premium—(6)
(a)where the claimant satisfies the condition in paragraph 14(2)(a);(a)£48.45;
(b)where the claimant satisfies the condition in paragraph 14(2)(b)—
(i)in a case where there is someone in receipt of a carer's allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(5);(b)(i)£48.45;
(ii)in a case where there is no-one in receipt of such an allowance.(b)(ii)£96.90.
(7) Disabled Child Premium.(7) £46.69 in respect of each child or young person in respect of whom the condition specified in paragraph 16 of Part 3 of this Schedule is satisfied.
(8) Carer Premium.(8) £27.15 in respect of each person who satisfies the condition specified in paragraph 17.
(9) Enhanced disability premium where the conditions in paragraph 15 are satisfied.(9)
(a)£18.76 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied;
(b)£12.30 in respect of each person who is neither—
(i)a child or young person; nor
(ii)a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 15 are satisfied;
(c)£17.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15 are satisfied in respect of a member of that couple or polygamous marriage.

Article 20(6)

SCHEDULE 8PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

1.  The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 22—

Column (1)Column (2)
Person, couple or polygamous marriageAmount
(1) Single claimant or lone parent—(1)
(a)aged under 65;(a)£119.05;
(b)aged 65 or over.(b)£138.10.
(2) Couple—(2)
(a)both members aged under 65;(a)£181.70;
(b)one member or both members aged 65 or over.(b)£207.00.
(3) If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—(3)
(a)for the claimant and the other party to the marriage;(a)£181.70;
(b)for each additional spouse who is a member of the same household as the claimant.(b)£62.65.
(4) If the claimant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over—(4)
(a)for the claimant and the other party to the marriage;(a)£207.00;
(b)for each additional spouse who is a member of the same household as the claimant.(b)£68.90.

2.—(1) M97 The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 22—

Column (1)Column (2)
Child or Young PersonAmount
Person in respect of the period—
(a)beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;(a)£47.45;
(b)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.(b)£47.45.

Marginal Citations

M97Relevant amending instrument is S.I. 2006/718.

Article 20(8)

SCHEDULE 9PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

PremiumAmount
12.—(1) Severe disability premium—(1)
(a)where the claimant satisfies the condition in paragraph 6(2)(a);(a)£48.45;
(b)where the claimant satisfies the condition in paragraph 6(2)(b)—
(i)in a case where there is someone in receipt of a carer's allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);(b)(i)£48.45;
(ii)in a case where there is no-one in receipt of such an allowance.(b)(ii)£96.90.
(2) Enhanced disability premium.(2) £18.76 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.
(3) Disabled child premium.(3) £46.69 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.
(4) Carer premium.(4) £27.15 in respect of each person who satisfies the condition specified in paragraph 9.

Article 21(4)

SCHEDULE 10PART 1 OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal allowances

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 12(a) and 13(a) and (b)—

Column (1)Column (2)
Person or CoupleAmount
(1) Single claimant aged—(1)
(a)not less than 18 but less than 25;(a)£46.85;
(b)not less than 25.(b)£59.15.
(2) Lone parent.(2)£59.15.
(3) Couple.(3)£92.80.

2.—(1) M98 The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 12(b) and 13(c)—

Column (1)Column (2)
Child or Young PersonAmount
Person in respect of the period—
(a)beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;(a)£47.45;
(b)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.(b)£47.45.

Marginal Citations

M98Relevant amending instrument is S.I. 2006/718.

Article 21(6)

SCHEDULE 11PART 4 OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

PremiumAmount
20.—(1) Bereavement Premium.(1) £26.80.
(2) Pensioner Premium for persons under 75—(2)
(a)where the claimant satisfies the condition in paragraph 9(a);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 9(b).(b)£88.90.
(3) Pensioner Premium for persons 75 or over—(3)
(a)where the claimant satisfies the condition in paragraph 10(a);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 10(b).(b)£88.90.
(4) Higher Pensioner Premium—(4)
(a)where the claimant satisfies the condition in paragraph 11(1)(a) or (b);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 11(2)(a) or (b).(b)£88.90.
(5) Disability Premium—(5)
(a)where the claimant satisfies the condition in paragraph 12(a) or (b);(a)£25.25;
(b)where the claimant satisfies the condition in paragraph 12(b).(b)£36.00.
(6) Severe Disability Premium—(6)
(a)where the claimant satisfies the condition in paragraph 14(2)(a);(a)£48.45;
(b)where the claimant satisfies the condition in paragraph 14(2)(b)—
(i)in a case where there is someone in receipt of a carer's allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(5);(b)(i)£48.45;
(ii)in a case where there is no-one in receipt of such an allowance.(b)(ii)£96.90.
(7) Disabled Child Premium.(7) £46.69 in respect of each child or young person in respect of whom the condition specified in paragraph 16 of Part 3 of this Schedule is satisfied.
(8) Carer Premium.(8) £27.15 in respect of each person who satisfies the condition specified in paragraph 17.
(9) Enhanced disability premium where the conditions in paragraph 15 are satisfied.(9)
(a)£18.76 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied;
(b)£12.30 in respect of each person who is neither—
(i)a child or young person; nor
(ii)a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 15 are satisfied;
(c)£17.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15 are satisfied in respect of a member of that couple or polygamous marriage.

Article 22(4)

SCHEDULE 12PART 1 OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

1.  The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 12—

Column (1)Column (2)
Person, couple or polygamous marriageAmount
(1) Single claimant or lone parent—(1)
(a)aged under 65;(a)£119.05;
(b)aged 65 or over.(b)£138.10.
(2) Couple—(2)
(a)both members aged under 65;(a)£181.70;
(b)one member or both members aged 65 or over.(b)£207.00.
(3) If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—(3)
(a)for the claimant and the other party to the marriage;(a)£181.70;
(b)for each additional spouse who is a member of the same household as the claimant.(b)£62.65.
(4) If the claimant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over—(4)
(a)for the claimant and the other party to the marriage;(a)£207.00;
(b)for each additional spouse who is a member of the same household as the claimant.(b)£68.90.

2.—(1) M99 The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 12(1)(b)—

Column (1)Column (2)
Child or young personAmount
Person in respect of the period—
(a)beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;(a)£47.45;
(b)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.(b)£47.45.

Marginal Citations

M99Relevant amending instrument is S.I. 2006/718.

Article 22(6)

SCHEDULE 13PART 4 OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

PremiumAmount
12.—(1) Severe Disability Premium—(1)
(a)where the claimant satisfies the condition in paragraph 6(2)(a);(a)£48.45;
(b)where the claimant satisfies the condition in paragraph 6(2)(b)—(b)
(i)in a case where there is someone in receipt of a carer's allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);(i)£48.45;
(ii)in a case where there is no-one in receipt of such an allowance.(ii)£96.90.
(2) Enhanced disability premium.(2) £18.76 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.
(3) Disabled Child Premium.(3) £46.69 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.
(4) Carer Premium.(4) £27.15 in respect of each person who satisfies the condition specified in paragraph 9.

Article 24(3)

SCHEDULE 14PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

1.  M100The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages)—

(1)(2)
Person or CoupleAmount
(1) Single claimant aged—(1)
(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;(a)£35.65;
(b)less than 18 who falls within paragraph (2) of regulation 57 and who—(b)£46.85;
(i)is a person to whom regulation 59, 60 or 61 applies; or
(ii)is the subject of a direction under section 16;
(c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3;(c)£46.85;
(d)not less than 18 but less than 25;(d)£46.85;
(e)not less than 25.(e)£59.15.
(2) Lone parent aged—(2)
(a)except where head (b) or (c) of this sub-paragraph applies, less than 18;(a)£35.65;
(b)less than 18 who falls within paragraph (2) of regulation 57 and who—(b)£46.85;
(i)is a person to whom regulation 59, 60 or 61 applies; or
(ii)is the subject of a direction under section 16;
(c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3;(c)£46.85;
(d)not less than 18.(d)£59.15.
(3) Couple—(3)
(a)where both members are aged less than 18 and—(a)£70.70;
(i)at least one of them is treated as responsible for a child; or
(ii)had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker's allowance) applied; or
(iii)had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker's allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; or
(iv)they are married or civil partners, and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or
(iva)they are married or civil partners, and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or
(v)there is a direction under section 16 (jobseeker's allowance in cases of severe hardship) in respect of each member; or
(vi)there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies; or
(vii)there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it;
(b)where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either—(b)£46.85;
(i)is a person to whom regulation 59, 60 or 61 applies; or
(ii)is the subject of a direction under section 16 of the Act;
(c)where both members are aged less than 18 and neither head (a) nor (b) applies but one member of the couple—(c)£35.65;
(i)is a person to whom regulation 59, 60 or 61 applies; or
(ii)is the subject of a direction under section 16;
(d)where both members are aged less than 18 and none of heads (a), (b) or (c) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);(d)£46.85;
(e)where both members are aged not less than 18;(e)£92.80;
(f)where one member is aged not less than 18 and the other member is a person under 18 who—(f)£92.80;
(i)is a person to whom regulation 59, 60 or 61 applies; or
(ii)is the subject of a direction under section 16; and
(iii)satisfies requirements for entitlement to income support other than the requirement to make a claim for it;
(g)where one member is aged not less than 18 but less than 25 and the other member is a person under 18—(g)£46.85;
(i)to whom none of the regulations 59 to 61 applies; or
(ii)who is not the subject of a direction under section 16; and
(iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;
(h)where one member is aged not less than 25 and the other member is a person under 18—(h)£59.15;
(i)to whom none of the regulations 59 to 61 applies; or
(ii)who is not the subject of a direction under section 16; and
(iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.

Marginal Citations

M100Relevant amending instruments are S.I. 1996/1516, 2000/1978 and 2005/2877.

2.—(1) M101 The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

(1)(2)
Child or Young PersonAmount
Person in respect of the period—
(a)beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;(a)£47.45;
(b)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's twentieth birthday.(b)£47.45.

Marginal Citations

M101Relevant amending instruments are S.I. 1996/2545, 1999/2555 and 2006/645 and 718.

Article 24(5)

SCHEDULE 15PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IV Weekly amounts of premiums specified in Part III

PremiumAmount
20.—(1A) M102 Bereavement Premium.(1A) £26.80.
(2) Pensioner premium for persons aged over 60—(2)
(a)where the claimant satisfies the condition in paragraph 10(a);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 10(b);(b)£88.90;
(c)where the claimant satisfies the condition in paragraph 10(c).(c)£88.90.
(3) Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.(3) £88.90.
(4) Higher Pensioner Premium—(4)
(a)where the claimant satisfies the condition in paragraph 12(1)(a);(a)£59.90;
(b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c).(b)£88.90.
(5) Disability Premium—(5)
(a)where the claimant satisfies the condition in paragraph 13(a);(a)£25.25;
(b)where the claimant satisfies the condition in paragraph 13(b) or (c).(b)£36.00.
(6) Severe Disability Premium—(6)
(a)where the claimant satisfies the condition in paragraph 15(1);(a)£48.45;
(b)where the claimant satisfies the condition in paragraph 15(2)—(b)
(i)if there is someone in receipt of a carer's allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);(i)£48.45;
(ii)if no-one is in receipt of such an allowance.(ii)£96.90.
(7) Disabled Child Premium.(7) £46.69 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
(8) Carer Premium.(8) £27.15 in respect of each person who satisfied the condition specified in paragraph 17.
(9) M103 Enhanced disability premium where the conditions in paragraph 15A are satisfied.(9)
(a)£18.76 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;
(b)£12.30 in respect of each person who is neither—
(i)a child or young person; nor
(ii)a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 15A are satisfied;
(c)£17.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.

Marginal Citations

M102Sub-paragraph (1A) was inserted by S.I. 2000/2239.

M103Sub-paragraph (9) was added by S.I. 2000/2629 and amended by S.I. 2003/455.

Article 24(6)

SCHEDULE 16PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS M104 AS AMENDED BY THIS ORDER

Marginal Citations

M104Part IVB was inserted by S.I. 2000/1978.

PART IVB Weekly amounts of premiums specified in Part IVA

PremiumAmount
20M.—(1) Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.(1) £88.90.
(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.(2) £88.90.
(3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G.(3) £36.00.
(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—(4)
(i)if there is someone in receipt of a carer's allowance or if either member satisfies that condition only by virtue of paragraph 20I(4) M105;(i)£48.45;
(ii)if no-one is in receipt of such an allowance.(ii)£96.90.
(5) Carer Premium.(5) £27.15 in respect of each person who satisfied the condition specified in paragraph 20J.
(6) M106 Enhanced disability premium where the conditions in paragraph 20IA are satisfied.(6) £17.75 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

Marginal Citations

M105Relevant amending instruments are S.I. 2001/518 and 2003/511.

M106Sub-paragraph (6) was added by S.I. 2000/2629.

Article 24(8)

SCHEDULE 17JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES

Provisions in Schedule 5Specified Sum
4. Members of religious orders.Nil.
14. M107 Person from abroad.Nil.

Marginal Citations

M107Relevant amending instrument is S.I. 2000/636.

Article 24(9)

SCHEDULE 18JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES

Column (1)Column (2)
3. Members of religious orders.Nil.

Article 24(11)

SCHEDULE 19OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS

Provision in Jobseeker's Allowance RegulationsSpecified Sum
Regulation 145(1) M108Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 146G(1) M109Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 148(1)(a)(i)90 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount.
Regulation 148(1)(d) M11090 per cent. of the applicable amount.
Regulation 148A(1)(a)(i) M11190 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount.
Regulation 148A(1)(d)90 per cent. of the applicable amount.
Schedule 2, paragraph 5(3)The relevant fraction shall be obtained in accordance with the formula—
Schedule 2, paragraph 6(1)(b)Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).
Schedule 2, paragraph 6(1)(c)Nil.
Schedule 2, paragraph 7(1)(b)Nil.
Schedule 2, paragraph 9 M112The weekly amount of housing costs is the amount calculated by the formula—
Schedule 2, paragraph 10(4)£100,000.
Schedule 2, paragraph 10(6)(a)The appropriate amount shall be a sum determined by applying the formula—
Schedule 2, paragraph 10(10)The qualifying portion of a loan shall be determined by the formula—
Schedule 2, paragraph 11(2) M113The standard rate shall be 1.58 per cent. plus the appropriate rate under sub-paragraph (a) or (b) as the case may be.
Schedule 2, paragraph 11(6)5.88 per cent.

Marginal Citations

M108Relevant amending instrument is S.I. 1996/1516.

M110Relevant amending instruments are S.I. 2000/636 and 1978, 2001/3767, 2002/398 and 2003/455.

M111Regulation 148A was inserted by S.I. 2000/1978. Relevant amending instruments are S.I. 2001/3767 and 2002/398.

M112Paragraph 9 was substituted by S.I. 2001/3651 and amended by S.I. 2004/2825.

M113Relevant amending instrument is S.I. 2004/2825.

Article 26(6)

SCHEDULE 20OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

Provision in State Pension Credit RegulationsSpecified Amount
Regulation 6(3)(a)Nil.
Regulation 6(3)(b)Nil.
Regulation 7(3)Nil.
Schedule II, paragraph 6(3)The relevant fraction of the applicable amount is the amount calculated by the formula—
Schedule II, paragraph 7(1)The weekly amount of housing costs shall be calculated by applying the formula—
Schedule II, paragraph 8(2)£100,000.
Schedule II, paragraph 8(4)(a)The sum shall be determined by applying the formula—
Schedule II, paragraph 8(8)The qualifying portion of a loan shall be determined by applying the formula—
Schedule II, paragraph 9(2) M114The standard rate shall be 1.58 per cent. plus the appropriate rate under sub-paragraph (a) or (b) as the case may be.
Schedule II, paragraph 9(6)5.88 per cent.
Schedule III, paragraph 2 M115Nil.

Marginal Citations

M114Relevant amending instrument is S.I. 2004/2825.

M115Paragraph 2 was substituted by S.I. 2005/3360 and amended by S.I. 2006/588.

Explanatory Note

(This note is not part of the Order)

This Order is made as a consequence of a review under section 150 of the Social Security Administration Act 1992 (“the Administration Act”) and includes details of the sums mentioned in that section.

Part 2 of the Order relates to social security benefits, pensions and allowances.

Article 3 and Schedule 1 alter the benefits and increases of benefits (excepting those referred to in article 3(2) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”)).

Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.

Article 5 increases the sums payable as part of a Category A or Category B retirement pension under sections 15(1) and 17(2) of the Pension Schemes Act 1993 (“the Pension Schemes Act”) on account of increases in guaranteed minimum pensions.

Article 6 specifies the dates from which the sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are altered.

Article 7 increases the rates of certain workmen's compensation and industrial injuries benefits in respect of employment before 5th July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the weekly rate of statutory sick pay.

Article 10 specifies the weekly rate of statutory maternity pay.

Article 11 specifies the weekly rates of statutory paternity pay and statutory adoption pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the rate of disability living allowance.

Article 14 increases the weekly rates of age addition to long-term incapacity benefit.

Article 15 increases the weekly rates of transitional invalidity allowance in long-term incapacity benefit cases.

Part 3 of the Order relates to income support, housing benefit and council tax benefit.

Article 16 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 16(3) and Schedule 2 set out the personal allowances; article 16(4) and (5) and Schedule 3 set out the premiums; article 16(7) and Schedule 4 set out the amounts relevant to special cases; and article 16(8) and Schedule 5 set out other miscellaneous amounts as in force on 24th January 2007.

Article 17 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 18 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 19 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 19(6) and Schedule 6 set out the personal allowances and article 19(8) and Schedule 7 set out the premiums.

Article 20 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit for certain persons over the qualifying age for state pension credit. Article 20(6) and Schedule 8 set out the personal allowances and article 20(7) and (8) and Schedule 9 set out the premiums.

Article 21 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit. Article 21(4) and Schedule 10 set out the personal allowances and article 21(5) and (6) and Schedule 11 set out the premiums.

Article 22 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit for certain persons over the qualifying age for state pension credit. Article 22(4) and Schedule 12 set out the personal allowances and article 22(5) and (6) and Schedule 13 set out the premiums.

Part 4 of the Order relates to jobseeker's allowance.

Article 23 increases the age-related amounts for contribution-based jobseeker's allowance.

Article 24 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker's allowance. Article 24(3) and Schedule 14 set out the personal allowances; article 24(4) and (5) and Schedule 15 set out the premiums; article 24(6) and Schedule 16 set out the premiums for joint-claim couples; article 24(8) and Schedule 17 set out the amounts relevant to special cases; article 24(9) and Schedule 18 set out the amounts relevant to joint-claim special cases and article 24(11) and Schedule 19 set out other miscellaneous amounts.

Article 25 states the sum by which any jobseeker's allowance of a person involved in a trade dispute is reduced.

Part 5 of the Order relates to state pension credit.

Article 26 and Schedule 20 specify the amounts relevant to state pension credit.

Part 6 of the Order provides for the revocation of the Social Security Benefits Up-rating Order 2006 (S.I. 2006/645).

In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm 7021) giving his opinion on the likely effect on the National Insurance Fund of the making of this Order was laid before Parliament with the draft Order.

A full regulatory impact assessment has not been produced for this instrument as no new impact on the private or voluntary sectors is foreseen.

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