The Social Security Benefits Up-rating Order 2011 (revoked)

Statutory Instruments

2011 No. 821

Social Security

Terms And Conditions Of Employment

The Social Security Benefits Up-rating Order 2011

Made

16th March 2011

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) of the Social Security Administration Act 1992 M1 and it appeared to the Secretary of State 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.

The Secretary of State for Work and Pensions has also made a review as required by section 150A(1) of that Act M2 and it appeared to the Secretary of State that the general level of earnings 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), 150A(2) and 190(1)(a) of that Act, and approved by a resolution of each House.

The Treasury M3 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 M4 , 150A, 151 M5 and 189(1), (4) and (5) M6 of the Social Security Administration Act 1992 makes the following Order.

Marginal Citations

M1 1992 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), section 6(1) to (4) of, and paragraph 21 of Schedule 1 to, the Pensions Act 2007 (c. 22), paragraph 10(21) of Schedule 3 to the Welfare Reform Act 2007 (c. 5), 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. The effect of section 150 was modified in relation to incapacity benefit and severe disablement allowance by S.I. 2008/3270.

M2 Section 150A was inserted by section 5(1) of the Pensions Act 2007.

M3 See section 189(8) of the Administration Act.

M4 The 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.

M5 Section 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.

M6 Section 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 2011.

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

(a) this article and articles 2, 6 and 29, on 1st April 2011;

(b) article 3—

(i) in so far as it relates to any increase to which article 6(10)(b) applies, on 1st April 2011, and

(ii) for all other purposes, on 11thApril 2011;

(c) articles 4, 5, 7, 12, 13 and 16, on 11th April 2011;

(d) 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 2011, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations;

(e) article 9, on 6th April 2011;

(f) article 10, on 3rd April 2011, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) M7 of the Contributions and Benefits Act M8 , for which purpose it shall come into force on 11th April 2011;

(g) article 11, on 3rd April 2011;

(h) articles 14 and 15, on 14th April 2011;

(i) articles 17 to 19, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2011, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

(j) articles 20 and 21, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2011, and in relation to any other case, on 1st April 2011, and, in each case, immediately after the coming into force of regulations 2 and 3 respectively of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010;

(k) articles 22 and 23, on 1st April 2011 immediately after the coming into force of regulations 4 and 5 respectively of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 M9 ;

(l) articles 24 to 26, in so far as they relate to a particular beneficiary—

(i) for the purposes of article 24(c), in so far as it relates to an increase to which article 6(10)(b) applies, on 1st April 2011, and

(ii) for all other purposes, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2011, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker's Allowance Regulations;

(m) article 27, 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 11th April 2011, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations; and

(n) article 28, 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 11th April 2011, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Employment and Support Allowance Regulations.

(3) The changes 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 24(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

M7 Section 35A was inserted by section 53 of the 1999 Act. Subsection (1) was substituted by section 48 of the Employment Act 2002. The rate of maternity allowance is linked to the prescribed rate of statutory maternity pay set out in regulation 6 of S.I. 1986/1960.

M8 1992 c. 4 (“the Contributions and Benefits Act”).

M9 S.I. 2010/2449.

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 M10 ;

“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 M11 ;

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

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 M13 ;

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 M14 ;

“the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 M15 ;

“the Income Support Regulations” means the Income Support (General) Regulations 1987 M16 ;

“the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 M17 ;

“the Pension Schemes Act” means the Pension Schemes Act 1993 M18 ; and

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 M19 .

Marginal Citations

M10 S.I. 1996/2745; the relevant amending instrument is S.I. 2002/842.

M11 S.I. 2006/215; the relevant amending instruments are S.I. 2006/588 and 718, 2008/1042, 1082 and 2428, 2009/2608 and 2010/793 and 2449.

M12 S.I. 2006/216; the relevant amending instruments are S.I. 2006/718, 2008/1082 and 3157 and 2010/793 and 2449.

M13 S.I. 2008/794; the relevant amending instruments are S.I. 2008/2428 and 3195, 2009/2655 and 3228 and 2010/793 and 1811.

M14 S.I. 2006/213; the relevant amending instruments are S.I. 2006/718, 2007/2868, 2008/1082 and 2428, 2009/2608 and 2010/793 and 2449.

M15 S.I. 2006/214; the relevant amending instruments are S.I. 2006/718, 2007/2869, 2008/3157 and 2010/793 and 2449.

M16 S.I. 1987/1967; the relevant amending instruments are S.I. 1990/1168 and 1776, 1995/516, 1613 and 2927, 1996/206, 1803, 2518 and 2545, 1998/766, 1999/2555, 3109 and 3178, 2000/2629, 2001/3651, 2002/2497 and 3019, 2003/455, 2004/2327 and 2825, 2005/3360, 2006/718, 2007/719, 2008/3195, 2009/3228 and 2010/641, 793 and 1811.

M17 S.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 and 2629, 2001/518 and 3651, 2003/455 and 511, 2004/2327 and 2825, 2005/2877, 2006/718, 2007/719, 2008/698, 1554 and 3195, 2009/1488, 1575 and 3228 and 2010/793 and 1811.

M18 1993 c. 48. Relevant amending instrument is S.I. 2005/2050.

M19 S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3197, 2004/2327 and 2825, 2005/3360, 2006/588 and 2378, 2007/2618, 2008/3195 and 2010/793 and 1811.

PART 2 SOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act

3.—(1) From and including the respective dates specified in article 6—

(a) the sums specified in paragraph (2) shall be increased; and

(b) the sums specified in paragraph 3(a) and (b) of Part III of Schedule 4 to the Contributions and Benefits Act (age related addition – higher and middle rates) shall be reduced M20 ,

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 related addition (higher and middle rates) and 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 dependent children, widow's pension (initial rate) and death benefit allowance in respect of children and qualifying young persons M21 .

Marginal Citations

M20 See S.I. 2008/3270 which modifies the effect of section 150 of the Administration Act so that these rates may be reduced.

M21 Part 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) (“the 2005 Act”).

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 3.1 per cent.

(3) In section 44(4) of the Contributions and Benefits Act M22 (basic pension in a Category A retirement pension)—

(a) for “£87.75” substitute “ £90.45 ”; and

(b) for “£97.65” substitute “ £102.15 ”.

(4) It is directed M23 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 2010-2011;

(b) increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act M24 (pension increase or lump sum where entitlement to retirement pension is deferred);

(c) lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule M25 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 their Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 M26 , section 63 of the Social Security Act 1986 M27 or section 150(1)(e) of the Administration Act,

shall in each case be increased by 3.1 per cent.

(5) The sums which, under—

(a) section 55A of the Contributions and Benefits Act M28 , are shared additional pensions; and

(b) paragraph 2 of Schedule 5A to the Contributions and Benefits Act M29 , are increases in the rates of such pensions,

shall in each case be increased by 3.1 per cent.

Marginal Citations

M22 Section 44(4) was substituted by section 68 of the 1998 Act.

M23 See section 151(1) of the Administration Act.

M24 Schedule 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”), Schedule 6 to the Tax Credits Act, paragraphs 2 to 14 of Schedule 11 to the Pensions Act 2004 (c. 35), paragraphs 19 and 20 of Schedule 1, and Schedule 7, to the Pensions Act 2007 and S.I. 2005/2053.

M25 Paragraph 7A was inserted by paragraph 11 of Schedule 11 to the Pensions Act 2004 and amended by paragraph 5(11) of the Schedule to S.I. 2005/2053.

M26 1975 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).

M27 Section 63 was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c. 6).

M28 Section 55A was inserted by paragraph 3 of Schedule 6 to the 1999 Act and amended by section 41(3) of the 2000 Act.

M29 Schedule 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 M30 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 their occupational pension is postponed after they attain 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) M31 and (3) of that Act), shall be increased by—

(a) 3.1 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years M32 ; and

(b) 0.1 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

M30 See section 151(2) of the Administration Act.

M31 Section 17(2) was amended by paragraph 4(b) of Schedule 1 to S.I. 2005/2050.

M32 See 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 2011 (S.I. 2011/801) 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 changed by this Order

6.—(1) Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), specify the date on which the changes 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 11th April 2011.

(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 M33 ,

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 14th April 2011.

(4) The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 11th April 2011.

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

in respect of dependants,

shall in all cases take effect on 11th April 2011.

(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 M34 ,

(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 13th April 2011.

(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 M35 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 11th April 2011.

(8) The changes 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 14th April 2011.

(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 13th April 2011.

(10) Any increases in the sums specified in articles 3 and 24(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 M36 , 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 11th April 2011;

(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 2011,

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

M33 Section 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).

M34 The words “qualifying young persons” were inserted into Schedule 7 to the Contributions and Benefits Act by paragraph 16(2) of Schedule 1 to the 2005 Act.

M35 Section 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.

M36 See section 82(3)(a) 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, 2002/2497, 2005/2877 and 2006/692. 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 compensation and industrial diseases benefits in respect of employment before 5th July 1948

7.  From and including—

(a) 13th April 2011, for “£53.90” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act M37 (maximum weekly rate of lesser incapacity allowance supplementing workmen's compensation);

(b) 14th April 2011, for that sum referred to in paragraph 6(2)(b) of that Schedule M38 (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),

substitute “ £55.55 ”.

Marginal Citations

M37 Relevant amending instrument is S.I. 2010/793.

M38 Relevant amending instrument is S.I. 2010/793.

Earnings Limits

8.  In section 80(4) of the Contributions and Benefits Act M39 (earnings limits in respect of child dependency increases)—

(a) for “£200.00”, in both places where it occurs, substitute “ £205.00 ”; and

(b) for “£26.00” substitute “ £27.00 ”.

Marginal Citations

M39 Section 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. Relevant amending instrument is S.I. 2010/793.

Statutory Sick Pay

9.  In section 157(1) of the Contributions and Benefits Act M40 (rate of payment of statutory sick pay) for “£79.15” substitute “ £81.60 ”.

Marginal Citations

M40 Relevant amending instrument is S.I. 2009/497.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 M41 (prescribed rate of statutory maternity pay) for “£124.88” substitute “ £128.73 ”.

Marginal Citations

M41 S.I. 1986/1960; relevant amending instruments are S.I. 2002/2690 and 2010/793.

Ordinary and Additional Statutory Paternity Pay, and Statutory Adoption Pay

11.—(1) In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 M42 —

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£124.88” substitute “ £128.73 ”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£124.88” substitute “ £128.73 ”.

(2) In regulation 2(a) of the Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010 M43 (weekly rate of payment of additional statutory paternity pay) for “£124.88” substitute “ £128.73 ”.

Marginal Citations

M42 S.I. 2002/2818; relevant amending instruments are S.I. 2004/925 and 2010/793.

M43 S.I. 2010/1060.

Increase in rate of graduated retirement benefit

12.—(1) In section 36(1) of the National Insurance Act 1965 M44 (graduated retirement benefit)—

(a) the sum of 11.53 pence shall be increased by 3.1 per cent.; and

(b) from and including 11th April 2011 the reference in that provision to that sum shall have effect as a reference to 11.89 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 M45 (increases for deferred retirement) shall be increased by 3.1 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 M46 (increases of graduated retirement benefit and lump sums) shall be increased by 3.1 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 3.1 per cent.

Marginal Citations

M44 1965 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 2009/497. See also regulation 2 of those Regulations, which was substituted by S.I. 1995/2606.

M45 S.I. 1978/393; relevant amending instruments are S.I. 1989/1642 and 2005/454.

M46 S.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 M47 (rate of benefit)—

(a) in paragraph (1)(a) for “£71.40” substitute “ £73.60 ”;

(b) in paragraph (1)(b) for “£47.80” substitute “ £49.30 ”;

(c) in paragraph (1)(c) for “£18.95” substitute “ £19.55 ”;

(d) in paragraph (2)(a) for “£49.85” substitute “ £51.40 ”; and

(e) in paragraph (2)(b) for “£18.95” substitute “ £19.55 ”.

Marginal Citations

M47 S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939 and 2010/793.

Rates of age addition

14.—(1) Subject to paragraph (2), in regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 M48 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a) in sub-paragraph (a) for “£18.65” substitute “ £19.25 ”; and

(b) in sub-paragraph (b) for “£9.35” substitute “ £9.65 ”.

(2) In the case of a claimant entitled to long-term incapacity benefit, the sums specified in regulation 10(2)(a) and (b) M49 shall be reduced to “£13.80” and “£5.60” respectively.

Marginal Citations

M48 S.I. 1994/2946; relevant amending instrument is S.I. 2010/793.

M49 See S.I. 2008/3270 which modifies the effect of section 150 of the Administration Act so that these rates may be reduced.

Rates of transitional invalidity allowance

15.—(1) Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 M50 (rate of long-term incapacity benefit in transitional cases)—

(a) in sub-paragraph (a) for “£18.65” substitute “ £19.25 ”;

(b) in sub-paragraph (b) for “£12.00” substitute “ £12.40 ”; and

(c) in sub-paragraph (c) for “£6.00” substitute “ £6.20 ”.

(2) In the case of a claimant entitled to long-term incapacity benefit—

(a) the sums specified in regulation 18(2)(a) and (b) M51 shall be reduced to “£13.80” and “£7.10” respectively; and

(b) the sum specified in regulation 18(2)(c) shall be increased to “£5.60”.

Marginal Citations

M50 S.I. 1995/310; relevant amending instrument is S.I. 2010/793.

M51 See S.I. 2008/3270 which modifies the effect of section 150 of the Administration Act so that these rates may be reduced.

Rates of bereavement benefits

16.  In the Rate of Bereavement Benefits Regulations 2010 M52 —

(a) in regulation 2 (rate of widowed mother's allowance and widow's pension) for “£97.65” substitute “ £100.70 ”; and

(b) in regulation 3 (rate of widowed parent's allowance and bereavement allowance) for “£97.65” substitute “ £100.70 ”.

Marginal Citations

M52 S.I. 2010/2818.

PART 3 INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT

Applicable amounts for Income Support

17.—(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 4 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) and 21(1); and

(b) paragraphs 13A(2)(a) M53 and 14(2)(a) M54 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 M55 (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 M56 (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) “£17.40” remains unchanged; and

(b) in sub-paragraph (1)(b) “£17.40” remains unchanged.

(5) The sums specified in Part IV of Schedule 2 M57 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3 M58 (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£47.75” substitute “ £60.60 ”;

(b) in sub-paragraph (1)(b) for “£7.40” substitute “ £9.40 ”;

(c) in sub-paragraph (2)(a) for “£120.00” substitute “ £122.00 ”;

(d) in sub-paragraph (2)(b) for “£120.00”, “£178.00” and “£17.00” substitute “ £122.00 ”, “ £180.00 ” and “ £21.55 ” respectively;

(e) in sub-paragraph (2)(c) for “£178.00”, “£231.00” and “£23.35” substitute “ £180.00 ”, “ £234.00 ” and “ £29.60 ” respectively;

(f) in sub-paragraph (2)(d) for “£231.00”, “£306.00” and “£38.20” substitute “ £234.00 ”, “ £310.00 ” and “ £48.45 ” respectively; and

(g) in sub-paragraph (2)(e) for “£306.00”, “£382.00” and “£43.50” substitute “ £310.00 ”, “ £387.00 ” and “ £55.20 ” respectively.

(7) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 4 to this Order are the sums set out in column (2) of that Schedule.

Marginal Citations

M53 Paragraph 13A was inserted by S.I. 2000/2629 and amended by S.I. 2002/3019, 2003/455 and 2007/719.

M54 Relevant amending instrument is S.I. 2007/719.

M55 Relevant amending instruments are S.I. 1990/1168, 1996/206 and 2545, 1999/2555, 2003/455, 2006/718, 2007/719 and 2010/641 and 793.

M56 Relevant amending instruments are S.I. 1996/1803, 1998/766, 2003/455 and 2010/793.

M57 Relevant amending instruments are S.I. 1990/1776, 1996/1803, 2000/2239 and 2629, 2002/2497 and 3019 and 2010/793.

M58 Schedule 3 was substituted by S.I. 1995/1613; relevant amending instruments are S.I. 1995/2927, 1996/2518, 1999/3178, 2004/2327 and 2009/497.

Income Support Transitional Protection

18.  It is directed M59 that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 M60 (special transitional addition) shall be increased by 3.1 per cent.

Marginal Citations

M59 See section 151(6) of the Administration Act.

M60 S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626, 1991/1600 and 2010/793.

The Relevant Sum for Income Support

19.  In section 126(7) of the Contributions and Benefits Act M61 (trade disputes: the relevant sum) for “£35.00” substitute “ £36.00 ”.

Marginal Citations

M61 See section 126(8) of the Contributions and Benefits Act.

Housing Benefit

20.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in this article and Schedules 5 and 6 to this Order; and unless otherwise stated, any reference in this article 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 M62 (non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£47.75” substitute “ £60.60 ”;

(b) in sub-paragraph (1)(b) for “£7.40” substitute “ £9.40 ”;

(c) in sub-paragraph (2)(a) for “£120.00” substitute “ £122.00 ”;

(d) in sub-paragraph (2)(b) for “£120.00”, “£178.00” and “£17.00” substitute “ £122.00 ”, “ £180.00 ” and “ £21.55 ” respectively;

(e) in sub-paragraph (2)(c) for “£178.00”, “£231.00” and “£23.35” substitute “ £180.00 ”, “ £234.00 ” and “ £29.60 ” respectively;

(f) in sub-paragraph (2)(d) for “£231.00”, “£306.00” and “£38.20” substitute “ £234.00 ”, “ £310.00 ” and “ £48.45 ” respectively; and

(g) in sub-paragraph (2)(e) for “£306.00”, “£382.00” and “£43.50” substitute “ £310.00 ”, “ £387.00 ” and “ £55.20 ” respectively.

(4) In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£23.35”, “£23.35”, “£11.80”, “£15.50”, “£15.50”, “£7.80” and “£2.85” substitute “ £24.05 ”, “ £24.05 ”, “ £12.15 ”, “ £16.00 ”, “ £16.00 ”, “ £8.05 ” and “ £2.95 ” respectively.

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

(a) in sub-paragraph (2)(a) “£21.55” remains unchanged;

(b) in sub-paragraph (2)(b) and (d) “£2.50” remains unchanged; and

(c) in sub-paragraph (2)(c) “£1.75” remains unchanged.

(6) The sums specified in Part 1 of Schedule 3 M63 (applicable amounts: personal allowances) shall be as set out in Schedule 5 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) “£17.40” remains unchanged; and

(c) in sub-paragraph (2) M64 “£10.50” remains unchanged.

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

(9) In Part 6 of Schedule 3 M65 (amount of components)—

(a) in paragraph 25 for “£25.95” substitute “ £26.75 ”; and

(b) in paragraph 26 for “£31.40” substitute “ £32.35 ”.

(10) In paragraph 17(1) M66 and (3)(c) of Schedule 4 (sums to be disregarded in the calculation of earnings) “£17.10” remains unchanged.

(11) In paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) “£17.10” remains unchanged.

Marginal Citations

M62 Regulation 74 was substituted by S.I. 2007/2868 and amended by S.I. 2009/497.

M63 Relevant amending instruments are S.I. 2008/1082 and 2010/793.

M64 Relevant amending instrument is S.I. 2010/2449.

M65 Part 6 was inserted by S.I. 2008/1082 (as amended by S.I. 2008/2428) and amended by S.I. 2010/793.

M66 Relevant amending instruments are S.I. 2009/2608 and 2010/793.

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

21.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 7 and 8 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 M67 (non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£47.75” substitute “ £60.60 ”;

(b) in sub-paragraph (1)(b) for “£7.40” substitute “ £9.40 ”;

(c) in sub-paragraph (2)(a) for “£120.00” substitute “ £122.00 ”;

(d) in sub-paragraph (2)(b) for “£120.00”, “£178.00” and “£17.00” substitute “ £122.00 ”, “ £180.00 ” and “ £21.55 ” respectively;

(e) in sub-paragraph (2)(c) for “£178.00”, “£231.00” and “£23.35” substitute “ £180.00 ”, “ £234.00 ” and “ £29.60 ” respectively;

(f) in sub-paragraph (2)(d) for “£231.00”, “£306.00” and “£38.20” substitute “ £234.00 ”, “ £310.00 ” and “ £48.45 ” respectively; and

(g) in sub-paragraph (2)(e) for “£306.00”, “£382.00” and “£43.50” substitute “ £310.00 ”, “ £387.00 ” and “ £55.20 ” respectively.

(4) In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£23.35”, “£23.35”, “£11.80”, “£15.50”, “£15.50”, “£7.80” and “£2.85” substitute “ £24.05 ”, “ £24.05 ”, “ £12.15 ”, “ £16.00 ”, “ £16.00 ”, “ £8.05 ” and “ £2.95 ” respectively.

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

(a) in sub-paragraph (2)(a) “£21.55” remains unchanged;

(b) in sub-paragraph (2)(b) and (d) “£2.50” remains unchanged; and

(c) in sub-paragraph (2)(c) “£1.75” remains unchanged.

(6) The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.

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

(a) in sub-paragraph (1) “£17.40” remains unchanged; and

(b) in sub-paragraph (2) M68 “£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 8 to this Order.

(9) In paragraph 9(1) and (3)(c) of Schedule 4 (sums disregarded from claimant's earnings) “£17.10” remains unchanged.

(10) In paragraph 21 of Schedule 5 M69 (amounts to be disregarded in the calculation of income other than earnings) “£17.10” remains unchanged.

Marginal Citations

M67 Regulation 55 was substituted by S.I. 2007/2869 and amended by S.I. 2009/497.

M68 Relevant amending instrument is S.I. 2010/2449.

M69 Relevant amending instruments are S.I. 2008/3157 and 2010/793.

Council Tax Benefit

22.—(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 9 and 10 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) for “£6.95” substitute “ £8.60 ”;

(b) in paragraph (1)(b) for “£2.30” substitute “ £2.85 ”;

(c) in paragraph (2)(a) for “£178.00” substitute “ £180.00 ”;

(d) in paragraph (2)(b) for “£178.00”, “£306.00” and “£4.60” substitute “ £180.00 ”, “ £310.00 ” and “ £5.70 ” respectively; and

(e) in paragraph (2)(c) for “£306.00”, “£382.00” and “£5.80” substitute “ £310.00 ”, “ £387.00 ” and “ £7.20 ” respectively.

(4) The sums specified in Part 1 of Schedule 1 M70 (applicable amounts: personal allowances) shall be as set out in Schedule 9 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) “£17.40” remains unchanged; and

(c) in sub-paragraph (2) M71 “£10.50” remains unchanged.

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

(7) In Part 6 of Schedule 1 M72 (amount of components)—

(a) in paragraph 25 for “£25.95” substitute “ £26.75 ”; and

(b) in paragraph 26 for “£31.40” substitute “ £32.35 ”.

(8) In the Table in paragraph 1 of Schedule 2 M73 (amount of alternative maximum council tax benefit)—

(a) in sub-paragraph (2)(b)(i) for “£175.00” substitute “ £177.00 ”; and

(b) in sub-paragraph (2)(b)(ii) for “£175.00” and “£228.00” substitute “ £177.00 ” and “ £231.00 ” respectively.

(9) In paragraph 16(1) M74 and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) “£17.10” remains unchanged.

(10) In paragraph 56 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) “£17.10” remains unchanged.

Marginal Citations

M70 Relevant amending instruments are S.I. 2008/1082 and 2010/793.

M71 Relevant amending instrument is S.I. 2010/2449.

M72 Part 6 was inserted by S.I. 2008/1082 (as amended by S.I. 2008/2428) and amended by S.I. 2010/793.

M73 Relevant amending instruments are S.I. 2006/588, 2008/1082 and 2009/497.

M74 Relevant amending instruments are S.I. 2009/2608 and 2010/793.

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

23.—(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 11 and 12 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) for “£6.95” substitute “ £8.60 ”;

(b) in paragraph (1)(b) for “£2.30” substitute “ £2.85 ”;

(c) in paragraph (2)(a) for “£178.00” substitute “ £180.00 ”;

(d) in paragraph (2)(b) for “£178.00”, “£306.00” and “£4.60” substitute “ £180.00 ”, “ £310.00 ” and “ £5.70 ” respectively; and

(e) in paragraph (2)(c) for “£306.00”, “£382.00” and “£5.80” substitute “ £310.00 ”, “ £387.00 ” and “ £7.20 ” respectively.

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

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

(a) in sub-paragraph (1) “£17.40” remains unchanged; and

(b) in sub-paragraph (2) M75 “£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 12 to this Order.

(7) In paragraph 9(1) and (3)(c) of Schedule 2 (sums disregarded from claimant's earnings) “£17.10” remains unchanged.

(8) In paragraph 21 of Schedule 3 M76 (amounts to be disregarded in the calculation of income other than earnings) “£17.10” remains unchanged.

(9) In the Table in paragraph 1 of Schedule 6 M77 (amount of alternative maximum council tax benefit)—

(a) in sub-paragraph (2)(b)(i) for “£175.00” substitute “ £177.00 ”; and

(b) in sub-paragraph (2)(b)(ii) for “£175.00” and “£228.00” substitute “ £177.00 ” and “ £231.00 ” respectively.

Marginal Citations

M75 Relevant amending instrument is S.I. 2010/2449.

M76 Relevant amending instruments are S.I. 2008/3157 and 2010/793.

M77 Relevant amending instruments are S.I. 2006/588, 2008/1082 and 2009/497.

PART 4 JOBSEEKER'S ALLOWANCE

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

24.  In regulation 79(1) of the Jobseeker's Allowance Regulations M78 (weekly amounts of contribution-based jobseeker's allowance)—

(a) in sub-paragraph (a) for “£51.85” substitute “ £53.45 ”;

(b) in sub-paragraph (b) for “£51.85” substitute “ £53.45 ”; and

(c) in sub-paragraph (c) for “£65.45” substitute “ £67.50 ”.

Marginal Citations

M78 Relevant amending instrument is S.I. 2010/793.

Applicable amounts for Jobseeker's Allowance

25.—(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 13 to 16 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) and 85(1) M79 ; and

(b) paragraphs 15A(2)(a) M80 and 16(2)(a) M81 of Part III of Schedule 1,

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

(3) The sums specified in Part 1 of Schedule 1 M82 (applicable amounts: personal allowances) shall be as set out in Schedule 13 to this Order.

(4) In paragraph 4 of Part II of Schedule 1 M83 (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) “£17.40” remains unchanged; and

(b) in sub-paragraph (1)(b) “£17.40” remains unchanged.

(5) The sums specified in Part IV of Schedule 1 M84 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.

(6) The sums specified in Part IVB of Schedule 1 M85 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 15 to this Order.

(7) In paragraph 17 of Schedule 2 M86 (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£47.75” substitute “ £60.60 ”;

(b) in sub-paragraph (1)(b) for “£7.40” substitute “ £9.40 ”;

(c) in sub-paragraph (2)(a) for “£120.00” substitute “ £122.00 ”;

(d) in sub-paragraph (2)(b) for “£120.00”, “£178.00” and “£17.00” substitute “ £122.00 ”, “ £180.00 ” and “ £21.55 ” respectively;

(e) in sub-paragraph (2)(c) for “£178.00”, “£231.00” and “£23.35” substitute “ £180.00 ”, “ £234.00 ” and “ £29.60 ” respectively;

(f) in sub-paragraph (2)(d) for “£231.00”, “£306.00” and “£38.20” substitute “ £234.00 ”, “ £310.00 ” and “ £48.45 ” respectively; and

(g) in sub-paragraph (2)(e) for “£306.00”, “£382.00” and “£43.50” substitute “ £310.00 ”, “ £387.00 ” and “ £55.20 ” respectively.

(8) The sums specified in any provision of the Jobseeker's Allowance Regulations set out in column (1) of Schedule 16 to this Order are the sums set out in column (2) of that Schedule.

Marginal Citations

M79 Regulations 83(b) and 84(1)(c) were omitted, and regulation 85(1) was amended, by S.I. 2003/455. Regulation 8 of that S.I. (as amended by S.I. 2005/2294) makes transitional arrangements in connection with the introduction of child tax credit.

M80 Paragraph 15A was inserted by S.I. 2000/2629 and amended by S.I. 2003/455 and 2007/719.

M81 Relevant amending instrument is S.I. 2007/719.

M82 Relevant amending instruments are S.I. 1996/1516 and 2545, 1999/2555, 2000/1978, 2003/455, 2005/2877, 2006/718, 2007/719, 2008/698 and 1554, 2009/1575 and 2010/793.

M83 Relevant amending instruments are S.I. 1996/1803, 1998/766, 2003/455 and 2010/793.

M84 Relevant amending instruments are S.I. 1996/1516 and 1803, 2000/2239 and 2629 and 2003/455 and 511.

M85 Part IVB was inserted by S.I. 2000/1978 and amended by S.I. 2000/2629, 2001/518, 2003/511, 2007/719, 2009/1488 and 2010/793.

M86 Relevant amending instruments are S.I. 1996/2518, 1999/2860, 2004/2327 and 2009/497.

The Prescribed Sum for Jobseeker's Allowance

26.  In regulation 172 of the Jobseeker's Allowance Regulations M87 (trade disputes: prescribed sum) for “£35.00” substitute “ £36.00 ”.

Marginal Citations

M87 See section 15(6) of the Jobseekers Act 1995.

PART 5 STATE PENSION CREDIT

State Pension Credit

27.—(1) The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in this article and Schedule 17 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 M88 (amount of the guarantee credit)—

(a) in paragraph (1)(a) for “£202.40” substitute “ £209.70 ”;

(b) in paragraph (1)(b) for “£132.60” substitute “ £137.35 ”;

(c) in paragraph (5)(a) for “£53.65” substitute “ £55.30 ”;

(d) in paragraph (5)(b) for “£107.30” substitute “ £110.60 ”; and

(e) in paragraph (8) for “£30.05” substitute “ £31.00 ”.

(3) In regulation 7 M89 (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 “£98.40” and “£157.25” substitute “ £103.15 ” and “ £164.55 ” respectively.

(4) In paragraph 14 of Schedule II M90 (persons residing with the claimant)—

(a) in sub-paragraph (1)(a) for “£47.75” substitute “ £60.60 ”;

(b) in sub-paragraph (1)(b) for “£7.40” substitute “ £9.40 ”;

(c) in sub-paragraph (2)(a) for “£120.00” substitute “ £122.00 ”;

(d) in sub-paragraph (2)(b) for “£120.00”, “£178.00” and “£17.00” substitute “ £122.00 ”, “ £180.00 ” and “ £21.55 ” respectively;

(e) in sub-paragraph (2)(c) for “£178.00”, “£231.00” and “£23.35” substitute “ £180.00 ”, “ £234.00 ” and “ £29.60 ” respectively;

(f) in sub-paragraph (2)(d) for “£231.00”, “£306.00” and “£38.20” substitute “ £234.00 ”, “ £310.00 ” and “ £48.45 ” respectively; and

(g) in sub-paragraph (2)(e) for “£306.00”, “£382.00” and “£43.50” substitute “ £310.00 ”, “ £387.00 ” and “ £55.20 ” respectively.

(5) In paragraph 1 of Schedule III M91 (polygamous marriages)—

(a) in sub-paragraph (5) for “£202.40” and “£69.80” substitute “ £209.70 ” and “ £72.35 ” respectively; and

(b) in sub-paragraph (7) for “£157.25” substitute “ £164.55 ”.

(6) The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 17 to this Order are the amounts set out in column (2) of that Schedule.

Marginal Citations

M88 Relevant amending instrument is S.I. 2010/793.

M89 Relevant amending instrument is S.I. 2010/793.

M90 Relevant amending instruments are S.I. 2002/3197, 2004/2327, 2006/2378 and 2009/497.

M91 Relevant amending instruments are S.I. 2002/3197 and 2010/793.

PART 6 EMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for Employment and Support Allowance

28.—(1) The sums relevant to the calculation of an applicable amount as specified in the Employment and Support Allowance Regulations shall be the sums set out in this article and Schedules 18 to 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 Employment and Support Allowance Regulations bearing that number.

(2) The sums specified in Part 1 of Schedule 4 M92 (prescribed amounts) shall be as set out in Schedule 18 to this Order.

(3) The sums specified in Part 3 of Schedule 4 M93 (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 19 to this Order.

(4) In Part 4 of Schedule 4 M94 (the components)—

(a) in paragraph 12 for “£25.95” substitute “ £26.75 ”; and

(b) in paragraph 13 for “£31.40” substitute “ £32.35 ”.

(5) In paragraph 19 of Schedule 6 M95 (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£47.75” substitute “ £60.60 ”;

(b) in sub-paragraph (1)(b) for “£7.40” substitute “ £9.40 ”;

(c) in sub-paragraph (2)(a) for “£120.00” substitute “ £122.00 ”;

(d) in sub-paragraph (2)(b) for “£120.00”, “£178.00” and “£17.00” substitute “ £122.00 ”, “ £180.00 ” and “ £21.55 ” respectively;

(e) in sub-paragraph (2)(c) for “£178.00”, “£231.00” and “£23.35” substitute “ £180.00 ”, “ £234.00 ” and “ £29.60 ” respectively;

(f) in sub-paragraph (2)(d) for “£231.00”, “£306.00” and “£38.20” substitute “ £234.00 ”, “ £310.00 ” and “ £48.45 ” respectively; and

(g) in sub-paragraph (2)(e) for “£306.00”, “£382.00” and “£43.50” substitute “ £310.00 ”, “ £387.00 ” and “ £55.20 ” respectively.

(6) The sums specified in any provision of the Employment and Support Allowance Regulations set out in column (1) of Schedule 20 to this Order are the sums set out in column (2) of that Schedule.

Marginal Citations

M92 Relevant amending instruments are S.I. 2008/2428, 2009/2655 and 2010/793.

M93 Relevant amending instruments are S.I. 2008/2428 and 2010/793.

M94 Relevant amending instrument is S.I. 2010/793.

M95 Relevant amending instrument is S.I. 2009/497.

PART 7 REVOCATION

Revocation

29.  The Social Security Benefits Up-rating Order 2010 M96 is revoked.

Marginal Citations

M96 S.I. 2010/793.

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

C Grayling

Minister of State,

Department for Work and Pensions

16th March 2011

We consent,

Michael Fabricant

James Duddridge

Two of the Lords Commissioners of Her Majesty's Treasury

16th March 2011

Article 3(1)

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

PART I M97 CONTRIBUTORY PERIODICAL BENEFITS

Marginal Citations

M97 Paragraph 2 was substituted, and paragraph 2A was inserted, by section 2(2) of the 1994 Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995 (c. 26).

Description of benefit		Weekly rate
2.	Short-term incapacity benefit.	(a) lower rate	£71.10
		(b) higher rate	£84.15
2A.	Long-term incapacity benefit.		£94.25
5.	Category B retirement pension where section 48A(3) applies.		£61.20

PART II BEREAVEMENT PAYMENT

Bereavement payment M98 .

£2,000.00.

Marginal Citations

M98 Part II was substituted by section 54(2) of the 1999 Act.

PART III NON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefit		Weekly rate
1.	Attendance allowance.	(a) higher rate	£73.60
		(b) lower rate	£49.30
		(the appropriate rate being determined in accordance with section 65(3)).
2.	Severe disablement allowance.		£62.95
3.	Age related addition M99 .	(a) higher rate	£13.80
		(b) middle rate	£7.10
		(c) lower rate	£5.60
		(the appropriate rate being determined in accordance with section 69(1)).
4.	Carer's allowance M100 .		£55.55
6.	Category C retirement pension.	(a) lower rate	£36.60
		(b) higher rate	£61.20
		(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

M99 See S.I. 2008/3270 which modifies the effect of section 150 of the Administration Act so that these rates may be reduced.

M100 Relevant amending instrument is S.I. 2002/1457.

PART IV INCREASES FOR DEPENDANTS

Benefit to which increase applies (1)			M101 Increase for qualifying child (2)	Increase for adult dependant (3)
			£	£
1A.	Short-term incapacity benefit M102 —
	(a)	where the beneficiary is under pensionable age;	11.35	42.65
	(b)	where the beneficiary is over pensionable age.	11.35	52.70
2.	Long-term incapacity benefit.		11.35	54.75
4.	Widowed mother's allowance.		11.35
4A.	Widowed parent's allowance M103 .		11.35
5.	Category A or B retirement pension.		11.35	58.80
6.	Category C retirement pension.		11.35	35.20
8.	Severe disablement allowance.		11.35	32.90
9.	Carer's allowance.		11.35	32.70

Marginal Citations

M101 The 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. Articles 3 and 4 of S.I. 2003/938 save the repealed provisions in certain circumstances.

M102 Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the 1994 Act.

M103 Paragraph 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 M104 ;
			(b)		column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled;
				TABLE
		Degree of Disablement				Amount
		(1)				(2)	(3)
		Per cent.				£	£
		100				150.30	92.10
		90				135.27	82.89
		80				120.24	73.68
		70				105.21	64.47
		60				90.18	55.26
		50				75.15	46.05
		40				60.12	36.84
		30				45.09	27.63
		20				30.06	18.42
2.	Maximum increase of weekly rate of disablement pension where constant attendance needed.	(a)	except in cases of exceptionally severe disablement				£60.20;
		(b)	in any case				£120.40.
3.	Increase of weekly rate of disablement pension (exceptionally severe disablement).						£60.20.
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 M105				£150.30;
		(b)	for any period during which the beneficiary is not over the age of 18 and not so entitled				£92.10.
5.	Unemployability supplement under paragraph 2 of Schedule 7.						£92.90.
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				£19.25;
		(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				£19.25;
		(c)	if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45				£12.40;
		(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				£12.40;
		(e)	in any other case				£6.20.
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.						£55.55.
9.	Maximum disablement gratuity under paragraph 9 of Schedule 7.						£9,980.00.
10.	Widow's pension (weekly rates).	(a)	initial rate M106				£57.65;
		(b)	higher permanent rate				£102.15;
		(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).	£102.15.
12.	Weekly rate of allowance in respect of children and qualifying young persons M107 under paragraph 18 of Schedule 7.	In respect of each child or qualifying young person						£11.35.

Marginal Citations

M104 The words “child or adult” were omitted by paragraph 15(2) of Schedule 1 to the 2005 Act.

M105 The words “child or adult” were omitted by paragraph 15(2) of Schedule 1 to the 2005 Act.

M106 Widow'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.

M107 Paragraph 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 17(3)

SCHEDULE 2 PART 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 Couple				Amount
(1) M108  Single claimant aged—				(1)
	(a)	except where head (b) or (c) of this sub-paragraph applies, less than 18;			(a)	£53.45;
	(b)	less than 18 who falls within any of the circumstances specified in paragraph 1A M109 ;			(b)	£53.45;
	(c)	less than 18 who satisfies the condition in paragraph 11(1)(a);			(c)	£53.45;
	(d)	not less than 18 but less than 25;			(d)	£53.45;
	(e)	not less than 25.			(e)	£67.50.
(2) Lone parent aged—				(2)
	(a)	except where head (b) or (c) of this sub-paragraph applies, less than 18;			(a)	£53.45;
	(b)	less than 18 who falls within any of the circumstances specified in paragraph 1A;			(b)	£53.45;
	(c)	less than 18 who satisfies the condition in paragraph 11(1)(a);			(c)	£53.45;
	(d)	not less than 18.			(d)	£67.50.
(3) M110  Couple—				(3)
	(a)	where both members are aged less than 18 and—			(a)	£80.75;
		(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 income-related employment and support allowance; 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)	£53.45;
	(c)	where both members are aged less than 18 and heads (a) and (b) do not apply;			(c)	£53.45;
	(d)	where both members are aged not less than 18;			(d)	£105.95;
	(e)	where one member is aged not less than 18 and the other member is a person under 18 who—			(e)	£105.95;
		(i)	qualifies for income support under regulation 4ZA or income-related employment and support allowance, 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)	£53.45;
		(i)	would not qualify for income support under regulation 4ZA or income-related employment and support allowance 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)	£67.50.
		(i)	would not qualify for income support under regulation 4ZA or income-related employment and support allowance 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

M108 Sub-paragraphs (1) and (2) were substituted by S.I. 1990/1168 and amended by S.I. 1996/206 and 2007/719.

M109 Paragraph 1A of Part 1 of Schedule 2 was inserted by S.I. 1996/206.

M110 Sub-paragraph (3) was substituted by S.I. 1996/206 and amended by S.I. 2010/641.

2.—(1) M111  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 Person			Amount
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)	£62.33;
	(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)	£62.33.

Marginal Citations

M111 Relevant amending instruments are S.I. 1996/2545, 1999/2555, 2003/455, 2006/718 and 2010/793.

Article 17(5)

SCHEDULE 3 PART 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)
Premium				Amount
(1) M112  Pensioner premium for persons to whom paragraph 9 applies.				(2)		£103.75.
(2A) Pensioner premium for persons to whom paragraph 9A applies.				(2A)		£103.75.
(3) Higher pensioner premium for persons to whom paragraph 10 applies.				(3)		£103.75.
(4) M113  Disability Premium—				(4)
	(a)	where the claimant satisfies the condition in paragraph 11(1)(a);			(a)	£28.85;
	(b)	where the claimant satisfies the condition in paragraph 11(1)(b).			(b)	£41.10.
(5) Severe Disability Premium—				(5)
	(a)	where the claimant satisfies the condition in paragraph 13(2)(a);			(a)	£55.30;
	(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 M114 or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);			(i)	£55.30;
		(ii)	if no-one is in receipt of such an allowance.			(ii)	£110.60.
(6) Disabled Child Premium.				(6) £53.62 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.
(7) M115  Carer Premium.				(7) £31.00 in respect of each person who satisfied the condition specified in paragraph 14ZA.
(8) M116  Enhanced disability premium where the conditions in paragraph 13A are satisfied.				(8)
					(a)	£21.63 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
					(b)	£14.05 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)	£20.25 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

M112 Sub-paragraphs (2), (2A) and (3) were substituted by S.I. 2002/3019.

M113 Relevant amending instrument is S.I. 2007/719.

M114 Relevant amending instrument is S.I. 2002/2497.

M115 Sub-paragraph (7) was added by S.I. 1990/1776.

M116 Sub-paragraph (8) was added by S.I. 2000/2629 and amended by S.I. 2003/455.

Article 17(7)

SCHEDULE 4 APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

(1)	(2)
Provision in Income Support Regulations	Specified Sum
Regulation 22A(1) M117	Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Schedule 3 M118 , paragraph 5(3)	The relevant fraction shall be obtained in accordance with the formula—
Schedule 3, paragraph 6(1)(b) M119	Half 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 M120	The weekly amount of housing costs is the amount calculated by applying the formula—
Schedule 3, paragraph 11(5) M121	£100,000.
Schedule 3, paragraph 11(7)(a)	A sum determined by applying the formula P x Q.
Schedule 3, paragraph 11(11) M122	The qualifying portion of a loan shall be determined by applying the formula—
Schedule 3, paragraph 12(2) M123	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule 7, paragraph 2A M124	Nil.
Schedule 7, paragraph 7	Nil.
Schedule 7, paragraph 8(a)	Nil.
Schedule 7, paragraph 17 M125	Nil.

Marginal Citations

M117 Regulation 22A was inserted by S.I. 1996/206 and paragraph (1) was amended by S.I. 1999/2422 and 3109 and 2001/3767.

M118 Schedule 3 was substituted by S.I. 1995/1613.

M119 Relevant amending instrument is S.I. 1995/2927.

M120 Paragraph 10 was substituted by S.I. 2001/3651 and amended by S.I. 2004/2825.

M121 See S.I. 2008/3195 which modifies paragraph 11(5) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

M122 Paragraph 11(11) was inserted by S.I. 1995/2927.

M123 Relevant amending instruments are S.I. 2004/2825, 2007/3183, 2008/3195 and 2010/1811.

M124 Paragraph 2A was substituted by S.I. 2005/3360.

M125 Relevant amending instrument is S.I. 2000/636.

Article 20(6)

SCHEDULE 5 PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

1.  M126  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 couple			Amount
(1)	A single claimant who—		(1)
	(a)	is entitled to main phase employment and support allowance;		(a)	£67.50;
	(b)	is aged not less than 25;		(b)	£67.50;
	(c)	is aged less than 25.		(c)	£53.45.
(2)	Lone parent who—		(2)
	(a)	is entitled to main phase employment and support allowance;		(a)	£67.50;
	(b)	is aged not less than 18; or		(b)	£67.50;
	(c)	is aged less than 18.		(c)	£53.45.
(3)	Couple where—		(3)
	(a)	the claimant is entitled to main phase employment and support allowance;		(a)	£105.95;
	(b)	at least one member is aged not less than 18;		(b)	£105.95;
	(c)	both members are aged less than 18.		(c)	£80.75.

Marginal Citations

M126 Relevant amending instruments are S.I. 2008/1082 and 2010/793.

2.—(1) M127  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 Person			Amount
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)	£62.33;
	(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)	£62.33.

Marginal Citations

M127 Relevant amending instruments are S.I. 2006/718 and 2010/793.

Article 20(8)

SCHEDULE 6 PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

Premium				Amount
20.—(5) Disability Premium—				(5)
	(a)	where the claimant satisfies the condition in paragraph 12(a);			(a)	£28.85;
	(b)	where the claimant satisfies the condition in paragraph 12(b).			(b)	£41.10.
(6) Severe Disability Premium—				(6)
(a)		where the claimant satisfies the condition in paragraph 14(2)(a);			(a)	£55.30;
(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)	£55.30;
		(ii)	in a case where there is no-one in receipt of such an allowance.		(b)	(ii)	£110.60.
(7) Disabled Child Premium.				(7) £53.62 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) £31.00 in respect of each person who satisfies the condition specified in paragraph 17.
(9) Enhanced disability premium.				(9)
					(a)	£21.63 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied;
					(b)	£14.05 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)	£20.25 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 21(6)

SCHEDULE 7 PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

1.  M128 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 marriage		Amount
(1) Single claimant or lone parent—		(1)
(a)	aged under 65;	(a)	£137.35;
(b)	aged 65 or over.	(b)	£157.90.
(2) Couple—		(2)
(a)	both members aged under 65;	(a)	£209.70;
(b)	one member or both members aged 65 or over.	(b)	£236.80.
(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)	£209.70;
(b)	for each additional spouse who is a member of the same household as the claimant.	(b)	£72.35.
(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)	£236.80;
(b)	for each additional spouse who is a member of the same household as the claimant.	(b)	£78.90.

Marginal Citations

M128 Relevant amending instrument is S.I. 2010/793.

2.—(1) M129  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 Person		Amount
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)	£62.33;
(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)	£62.33.

Marginal Citations

M129 Relevant amending instruments are S.I. 2006/718 and 2010/793.

Article 21(8)

SCHEDULE 8 PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

Premium			Amount
12.—(1) Severe disability premium—			(1)
(a)	where the claimant satisfies the condition in paragraph 6(2)(a);		(a)	£55.30;
(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)	£55.30;
(ii)		in a case where there is no-one in receipt of such an allowance.	(b)	(ii)	£110.60.
(2) Enhanced disability premium.			(2) £21.63 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) £53.62 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.
(4) Carer premium.			(4) £31.00 in respect of each person who satisfies the condition specified in paragraph 9.

Article 22(4)

SCHEDULE 9 PART 1 OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal allowances

1.  M130  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 Couple			Amount
(1)	A single claimant who—		(1)
	(a)	is entitled to main phase employment and support allowance;		(a)	£67.50;
	(b)	is aged not less than 25;		(b)	£67.50;
	(c)	is aged not less than 18 but less than 25.		(c)	£53.45.
(2) Lone parent.			(2)		£67.50.
(3) Couple.			(3)		£105.95.

Marginal Citations

M130 Relevant amending instruments are S.I. 2008/1082 and 2010/793.

2.—(1) M131  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 Person		Amount
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)	£62.33;
(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)	£62.33.

Marginal Citations

M131 Relevant amending instruments are S.I. 2006/718 and 2010/793.

Article 22(6)

SCHEDULE 10 PART 4 OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART 4 Amounts of premiums specified in Part 3

Premium			Amount
20.—(5) M132  Disability Premium—			(5)
(a)	where the claimant satisfies the condition in paragraph 12(a);		(a)	£28.85;
(b)	where the claimant satisfies the condition in paragraph 12(b).		(b)	£41.10.
(6) Severe Disability Premium—			(6)
(a)	where the claimant satisfies the condition in paragraph 14(2)(a);		(a)	£55.30;
(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)		£55.30;
(ii)		in a case where there is no-one in receipt of such an allowance.	(b)	(ii)		£110.60.
(7) Disabled Child Premium.			(7) £53.62 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) £31.00 in respect of each person who satisfies the condition specified in paragraph 17.
(9) Enhanced disability premium.			(9)
			(a)	£21.63 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied;
			(b)	£14.05 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)	£20.25 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.

Marginal Citations

M132 Relevant amending instruments are S.I. 2008/1042 and 2010/793.

Article 23(4)

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

PART 1 Personal Allowances

1.  M133 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 marriage		Amount
(1) Single claimant or lone parent—		(1)
(a)	aged under 65;	(a)		£137.35;
(b)	aged 65 or over.	(b)		£157.90.
(2) Couple—		(2)
(a)	both members aged under 65;	(a)		£209.70;
(b)	one member or both members aged 65 or over.	(b)		£236.80.
(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)	£209.70;
(b)	for each additional spouse who is a member of the same household as the claimant.	(b)	£72.35.
(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)	£236.80;
(b)	for each additional spouse who is a member of the same household as the claimant.	(b)	£78.90.

Marginal Citations

M133 Relevant amending instrument is S.I. 2010/793.

2.—(1) M134  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 person		Amount
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)	£62.33;
(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)	£62.33.

Marginal Citations

M134 Relevant amending instruments are S.I. 2006/718 and 2010/793.

Article 23(6)

SCHEDULE 12 PART 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

Premium			Amount
12.—(1) Severe Disability Premium—			(1)
(a)	where the claimant satisfies the condition in paragraph 6(2)(a);		(a)	£55.30;
(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)		£55.30;
(ii)		in a case where there is no-one in receipt of such an allowance.	(ii)		£110.60.
(2) Enhanced disability premium.			(2) £21.63 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) £53.62 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.
(4) Carer Premium.			(4) £31.00 in respect of each person who satisfies the condition specified in paragraph 9.

Article 25(3)

SCHEDULE 13 PART 1 OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Personal Allowances

1.  M135  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 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages)—

(1)				(2)
Person or Couple				Amount
(1) Single claimant aged—				(1)
(a)	except where head (b) or (c) of this sub-paragraph applies, less than 18;			(a)	£53.45;
(b)	less than 18 who falls within paragraph (2) of regulation 57 and who—			(b)	£53.45;
(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(1)(a) of Part 3;			(c)	£53.45;
(d)	not less than 18 but less than 25;			(d)	£53.45;
(e)	not less than 25.			(e)	£67.50.
(2) Lone parent aged—				(2)
(a)	except where head (b) or (c) of this sub-paragraph applies, less than 18;			(a)	£53.45;
(b)	less than 18 who falls within paragraph (2) of regulation 57 and who—			(b)	£53.45;
(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(1)(a) of Part 3;			(c)	£53.45;
(d)	not less than 18.			(d)	£67.50.
(3) Couple—				(3)
(a)	where both members are aged less than 18 and—			(a)	£80.75;
(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 or an income-related employment and support allowance 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 or an income-related employment and support allowance 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)	£53.45;
(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)	£53.45;
(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(1)(a);			(d)	£53.45;
(e)	where—			(e)	£105.95;
	(i)	both members are aged not less than 18; or
	(ii)	one member is aged not less than 18 and the other member is a person who is—
		(aa)	under 18, and
		(bb)	treated as responsible for a child;
(f)	where paragraph (e) does not apply and one member is aged not less than 18 and the other member is a person under 18 who—			(f)	£105.95;
(i)		is a person to whom regulation 59, 60 or 61 applies; or
(ii)		is the subject of a direction under section 16; or
(iii)		satisfies requirements for entitlement to income support or who would do so if he were not a member of a couple, other than the requirement to make a claim for it; or
(iv)		satisfies requirements for entitlement to an income-related employment and support allowance 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)	£53.45;
(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 or an income-related employment and support allowance 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)	£67.50.
(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 or an income-related employment and support allowance disregarding the requirement to make a claim for it.

Marginal Citations

M135 Relevant amending instruments are S.I. 1996/1516, 2000/1978, 2005/2877, 2007/719, 2008/698 and 1554, 2009/1575 and 2010/793.

2.—(1) M136  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 Person		Amount
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)	£62.33;
(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)	£62.33.

Marginal Citations

M136 Relevant amending instruments are S.I. 1996/2545, 1999/2555, 2006/718 and 2010/793.

Article 25(5)

SCHEDULE 14 PART 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

Premium			Amount
20.—(2) M137  Pensioner premium for persons who have attained the qualifying age for state pension credit—			(2)
(a)	where the claimant satisfies the condition in paragraph 10(a);		(a)		£69.85;
(b)	where the claimant satisfies the condition in paragraph 10(b);		(b)		£103.75;
(c)	where the claimant satisfies the condition in paragraph 10(c).		(c)		£103.75;
(3) Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.			(3) £103.75.
(4) Higher Pensioner Premium—			(4)
(a)	where the claimant satisfies the condition in paragraph 12(1)(a);		(a)		£69.85;
(b)	where the claimant satisfies the condition in paragraph 12(1)(b) or (c).		(b)		£103.75.
(5) M138  Disability Premium—			(5)
(a)	where the claimant satisfies the condition in paragraph 13(1)(a);		(a)		£28.85;
(b)	where the claimant satisfies the condition in paragraph 13(1)(b) or (c).		(b)		£41.10.
(6) Severe Disability Premium—			(6)
(a)	where the claimant satisfies the condition in paragraph 15(1);		(a)		£55.30;
(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)				£55.30;
(ii)		if no-one is in receipt of such an allowance.	(ii)				£110.60.
(7) Disabled Child Premium.			(7) £53.62 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
(8) Carer Premium.			(8) £31.00 in respect of each person who satisfied the condition specified in paragraph 17.
(9) M139  Enhanced disability premium where the conditions in paragraph 15A are satisfied.			(9)
			(a)	£21.63 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;
			(b)	£14.05 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)	£20.25 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

M137 Relevant amending instruments are S.I. 2009/1488 and 2010/793.

M138 Relevant amending instrument is S.I. 2007/719.

M139 Sub-paragraph (9) was added by S.I. 2000/2629 and amended by S.I. 2003/455.

Article 25(6)

SCHEDULE 15 PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS M140 AS AMENDED BY THIS ORDER

Marginal Citations

M140 Part IVB was inserted by S.I. 2000/1978.

PART IVB Weekly amounts of premiums specified in Part IVA

Premium		Amount
20M.—(1) M141  Pensioner premium where one member of a joint-claim couple has attained the qualifying age for state pension credit and the condition in paragraph 20E is satisfied.		(1) £103.75.
(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.		(2) £103.75.
(3) M142  Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G(1).		(3) £41.10.
(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) M143 ;	(i)		£55.30;
(ii)	if no-one is in receipt of such an allowance.	(ii)		£110.60.
(5) Carer Premium.		(5) £31.00 in respect of each person who satisfied the condition specified in paragraph 20J.
(6) M144  Enhanced disability premium where the conditions in paragraph 20IA are satisfied.		(6) £20.25 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

Marginal Citations

M141 Relevant amending instrument is S.I. 2009/1488.

M142 Relevant amending instrument is S.I. 2007/719.

M143 Relevant amending instruments are S.I. 2001/518 and 2003/511.

M144 Sub-paragraph (6) was added by S.I. 2000/2629.

Article 25(8)

SCHEDULE 16 APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS

(1) Provision in Jobseeker's Allowance Regulations	(2) Specified Sum
Regulation 145(1) M145	Weekly 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) M146	Weekly 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.
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 M147	The weekly amount of housing costs is the amount calculated by applying the formula—
Schedule 2, paragraph 10(4) M148	£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 applying the formula—
Schedule 2, paragraph 11(2) M149	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule 5, paragraph 4	Nil.
Schedule 5, paragraph 14 M150	Nil.
Schedule 5A, paragraph 3 M151	Nil.

Marginal Citations

M145 Relevant amending instrument is S.I. 1996/1516.

M146 Regulation 146G was inserted by S.I. 2000/1978.

M147 Paragraph 9 was substituted by S.I. 2001/3651 and amended by S.I. 2004/2825.

M148 See S.I. 2008/3195 which modifies paragraph 10(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

M149 Relevant amending instruments are S.I. 2004/2825, 2007/3183, 2008/3195 and 2010/1811.

M150 Relevant amending instrument is S.I. 2000/636.

M151 Schedule 5A was inserted by S.I. 2000/1978.

Article 27(6)

SCHEDULE 17 OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

(1) Provision in State Pension Credit Regulations	(2) Specified Amount
Regulation 6(3)(a)	Nil.
Regulation 6(3)(b)	Nil.
Regulation 7(3)	Nil.
Schedule II, paragraph 6(3)	The relevant fraction shall be obtained in accordance with 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) M152	£100,000.
Schedule II, paragraph 8(4)(a)	The sum shall be determined by applying the formula—
Schedule II, paragraph 8(8) M153	The qualifying portion of a loan shall be determined by applying the formula—
Schedule II, paragraph 9(2) M154	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule III, paragraph 2 M155	Nil.

Marginal Citations

M152 See S.I. 2008/3195 which modifies paragraph 8(2) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

M153 Relevant amending instrument is S.I. 2007/2618.

M154 Relevant amending instruments are S.I. 2004/2825, 2007/3183, 2008/3195 and 2010/1811.

M155 Paragraph 2 was substituted by S.I. 2005/3360 and amended by S.I. 2006/588.

Article 28(2)

SCHEDULE 18 PART 1 OF SCHEDULE 4 TO THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART 1 Prescribed amounts

1.  M156  The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 67(1) and 68 (prescribed amounts and polygamous marriages)—

(1)			(2)
Person or Couple			Amount
(1) Single claimant—			(1)
(a)	who satisfies the conditions set out in section 2(2) or (3) or 4(4) or (5) of the Act;		(a)	£67.50;
(b)	aged not less than 25;		(b)	£67.50;
(c)	aged less than 25.		(c)	£53.45;
(2) Lone parent—			(2)
(a)	who satisfies the conditions set out in section 4(4) or (5) of the Act;		(a)	£67.50;
(b)	aged not less than 18;		(b)	£67.50;
(c)	aged less than 18.		(c)	£53.45;
(3) Couple—			(3)
(a)	where both members are aged not less than 18;		(a)	£105.95;
(b)	where one member is aged not less than 18 and the other member is a person under 18 who—		(b)	£105.95;
(i)		if that other member had not been a member of a couple, would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or
(ii)		if that other member had not been a member of a couple, would satisfy the requirements for entitlement to an income-related allowance; or
(iii)		satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(iv)		is the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(c)	where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and—		(c)	£105.95;
(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 an income-related allowance; or
(iii)		had they not been members of a couple the claimant's partner would satisfy the requirements for entitlement to income support other than the requirement to make a claim for it; or
(iv)		the claimant's partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(v)		there is in force in respect of the claimant's partner a direction under section 16 of that Act (persons under 18: severe hardship);
(d)	where both members are aged less than 18 and—		(d)	£80.75;
(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 an income-related allowance; or
(iii)		had they not been members of a couple the claimant's partner satisfies the requirements for entitlement to income support other than a requirement to make a claim for it; or
(iv)		the claimant's partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); or
(v)		there is in force in respect of the claimant's partner a direction under section 16 of that Act (persons under 18: severe hardship);
(e)	where the claimant is aged not less than 25 and the claimant's partner is a person under 18 who—		(e)	£67.50;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(f)	where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and the claimant's partner is a person under 18 who—		(f)	£67.50;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(g)	where the claimant satisfies the conditions set out in section 4(4) or (5) of the Act and both members are aged less than 18 and paragraph (c) does not apply;		(g)	£67.50;
(h)	where the claimant is aged not less than 18 but less than 25 and the claimant's partner is a person under 18 who—		(h)	£53.45;
(i)		would not qualify for an income-related allowance if the person were not a member of a couple;
(ii)		would not qualify for income support if the person were not a member of a couple;
(iii)		does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act (prescribed circumstances for persons aged 16 but less than 18); and
(iv)		is not the subject of a direction under section 16 of that Act (persons under 18: severe hardship);
(i)	where both members are aged less than 18 and paragraph (d) does not apply.		(i)	£53.45.

Marginal Citations

M156 Relevant amending instruments are S.I. 2008/2428 and 2009/2655.

Article 28(3)

SCHEDULE 19 PART 3 OF SCHEDULE 4 TO THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART 3 Weekly amount of premiums specified in Part 2

Premium			Amount
11.—(1) Pensioner premium for a person to whom paragraph 5 applies who—			(1)
(a)	is a single claimant and—		(a)
(i)		is entitled to the work-related activity component;	(i)				£43.10;
(ii)		is entitled to the support component; or	(ii)				£37.50;
(iii)		is not entitled to either of those components;	(iii)				£69.85;
(b)	is a member of a couple and—		(b)
(i)		is entitled to the work-related activity component;	(i)				£77.00;
(ii)		is entitled to the support component; or	(ii)				£71.40;
(iii)		is not entitled to either of those components.	(iii)				£103.75.
(2) Severe disability premium—			(2)
(a)	where the claimant satisfies the condition in paragraph 6(2)(a);		(a)		£55.30;
(b)	where the claimant satisfies the condition in paragraph 6(2)(b)—		(b)
(i)		if there is someone in receipt of a carer's allowance or if the person or any partner satisfies that condition only by virtue of paragraph 6(5);	(i)					£55.30;
(ii)		if no-one is in receipt of such an allowance.	(ii)					£110.60.
(3) M157  Carer Premium.			(3) £31.00 in respect of each person who satisfies the condition specified in paragraph 8(1).
(4) M158  Enhanced disability premium where the conditions in paragraph 7 are satisfied.			(4)
			(a)	£14.05 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 7 are satisfied;
			(b)	£20.25 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 7 are satisfied in respect of a member of that couple or polygamous marriage.

Marginal Citations

M157 Relevant amending instrument is S.I. 2008/2428.

M158 Relevant amending instrument is S.I. 2008/2428.

Article 28(6)

SCHEDULE 20 APPLICABLE AMOUNTS SPECIFIED IN THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS

(1) Provision in Employment and Support Allowance Regulations	(2) Specified Sum
Schedule 6, paragraph 7(3)	The relevant fraction shall be obtained in accordance with the formula—
Schedule 6, paragraph 8(1)(c)	Nil.
Schedule 6, paragraph 11	The weekly amount of housing costs is the amount calculated by applying the formula—
Schedule 6, paragraph 12(4) M159	£100,000.
Schedule 6, paragraph 12(6)(a)	The appropriate amount shall be a sum determined by applying the formula—
Schedule 6, paragraph 12(10)	The qualifying portion of a loan shall be determined by applying the formula—
Schedule 6, paragraph 13(2) M160	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).

Marginal Citations

M159 See S.I. 2008/3195 which modifies paragraph 12(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

M160 Relevant amending instruments are 2008/3195 and 2010/1811.

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.

The Order is also made as a consequence of a review under section 150A of 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(1)(b) and (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) and (3) 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 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 ordinary and additional statutory paternity pay and of 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 excepting those referred to in article 14(2) for claimants entitled to long-term incapacity benefit, which are reduced.

Article 15 increases the weekly rates of transitional invalidity allowance excepting those referred to in article 15(2) for claimants entitled to long-term incapacity benefit, which are reduced for higher and middle rate cases and increased for lower rate cases.

Article 16 increases the rates of widowed mother's allowance, widow's pension, widowed parent's allowance and bereavement allowance.

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

Article 17 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 17(3) and Schedule 2 set out the personal allowances; article 17(4) and (5) and Schedule 3 set out the premiums and article 17(7) and Schedule 4 set out other miscellaneous amounts.

Article 18 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 19 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 20 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 20(6) and Schedule 5 set out the personal allowances and article 20(8) and Schedule 6 set out the premiums.

Article 21 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 21(6) and Schedule 7 set out the personal allowances and article 21(7) and (8) and Schedule 8 set out the premiums.

Article 22 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit. Article 22(4) and Schedule 9 set out the personal allowances and article 22(5) and (6) and Schedule 10 set out the premiums.

Article 23 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 23(4) and Schedule 11 set out the personal allowances and article 23(5) and (6) and Schedule 12 set out the premiums.

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

Article 24 increases the age-related amounts for contribution-based jobseeker's allowance.

Article 25 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker's allowance. Article 25(3) and Schedule 13 set out the personal allowances; article 25(4) and (5) and Schedule 14 set out the premiums; article 25(6) and Schedule 15 set out the premiums for joint-claim couples and article 25(8) and Schedule 16 set out other miscellaneous amounts.

Article 26 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 27 and Schedule 17 specify the amounts relevant to state pension credit.

Part 6 of the Order relates to employment and support allowance.

Article 28 states the amount of sums relevant to the applicable amount for the purposes of employment and support allowance. Article 28(2) and Schedule 18 set out the prescribed amounts; article 28(3) and Schedule 19 set out the premiums and article 28(6) and Schedule 20 set out other miscellaneous amounts.

Part 7 of the Order provides for the revocation of the Social Security Benefits Up-rating Order 2010 (S.I. 2010/793).

In accordance with sections 150(8) and 150A(5) and (9) of the Administration Act, a copy of the report of the Government Actuary 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 impact assessment has not been published for this instrument as it has no new impact on the private sector or civil society organisations.