The Welfare Benefits Up-rating Order 2015 (revoked)

Citation and commencement U.K.

1.—(1) This Order may be cited as the Welfare Benefits Up-rating Order 2015.

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

(a) this article and article 2, on 1st April 2015;

(b) article 3, on 6th April 2015;

(c) article 4, on 5th April 2015, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) M1 of the Contributions and Benefits Act (appropriate weekly rate of maternity allowance under section 35), for which purpose it shall come into force on 6th April 2015;

(d) article 5, on 5th April 2015;

(e) article 6, 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 6th April 2015, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

(f) article 7, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 6th April 2015, and in relation to any other case, on 1st April 2015;

(g) articles 8 and 9, 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 6th April 2015, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the JSA Regulations 1996;

(h) article 10, 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 6th April 2015, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the JSA Regulations 2013;

(i) article 11, 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 6th April 2015, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the ESA Regulations 2008;

(j) article 12, 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 6th April 2015, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the ESA Regulations 2013;

(k) article 13, in so far as it relates to a particular beneficiary, on the first day of the first assessment period to commence for that beneficiary on or after 6th April 2015 M2 , and for the purpose of this sub-paragraph “assessment period” has the same meaning as in section 7(2) of the Welfare Reform Act 2012 M3 (basis of awards);

(l) article 14, on 5th May 2015.

(3) In so far as articles 4, 10 and 12 relate to a beneficiary in favour of whom an award of universal credit is in force, those articles shall come into force for the purposes of determining the beneficiary's unearned income in relation to that award on the same day as article 13 comes into force for that beneficiary.

Marginal Citations

M1 Section 35A was inserted by section 53 of the Welfare Reform and Pensions Act 1999 (c.30). Subsection (1) was substituted by section 48 of the Employment Act 2002 (c.22). 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.

M2 See S.I. 2014/2888 which amends section 1(2) of the Welfare Benefits Up-rating Act 2013 (c.16) and also inserts new section 1(2A) to (2C) into that Act so that it aligns with the monthly assessment period cycle in universal credit.

M3 2012 c.5.

Interpretation U.K.

2.  In this Order—

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 M4 ;

“the ESA Regulations 2008” means the Employment and Support Allowance Regulations 2008 M5 ;

“the ESA Regulations 2013” means the Employment and Support Allowance Regulations 2013 M6 ;

“the Income Support Regulations” means the Income Support (General) Regulations 1987 M7 ;

“the JSA Regulations 1996” means the Jobseeker's Allowance Regulations 1996 M8 ; and

“the JSA Regulations 2013” means the Jobseeker's Allowance Regulations 2013 M9 .

Marginal Citations

M4 1992 c.4.

M5 S.I. 2008/794; the relevant amending instruments are S.I. 2008/2428, 2009/2655, 2011/2428 and 2014/147.

M6 S.I. 2013/379; the relevant amending instrument is S.I. 2014/147.

M7 S.I. 1987/1967; the relevant amending instruments are S.I. 1990/1168, 1996/206, 2007/719, 2010/641 and 2014/147.

M8 S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 2000/1978, 2005/2877, 2007/719, 2008/698 and 1554, 2009/1575, 2013/2536 and 2014/147.

M9 S.I. 2013/378; the relevant amending instrument is S.I. 2014/147.

Statutory Sick Pay U.K.

3.  In section 157(1) of the Contributions and Benefits Act M10 (rate of payment of statutory sick pay) for “£87.55” substitute “ £88.45 ”.

Marginal Citations

M10 Relevant amending instrument is S.I. 2014/147.

Statutory Maternity Pay U.K.

4.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 M11 (prescribed rate of statutory maternity pay) for “£138.18” substitute “ £139.58 ”.

Marginal Citations

M11 S.I. 1986/1960; relevant amending instruments are S.I. 2002/2690 and 2014/147.

Ordinary and Additional Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay U.K.

5.—(1) In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 M12 —

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£138.18” substitute “ £139.58 ”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£138.18” substitute “ £139.58 ”.

(2) In regulation 2(a) of the Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010 M13 (weekly rate of payment of additional statutory paternity pay) for “£138.18” substitute “ £139.58 ”.

(3) In regulation 40(1)(a) of the Statutory Shared Parental Pay (General) Regulations 2014 M14 (weekly rate of payment of statutory shared parental pay) for “£138.18” substitute “ £139.58 ”.

Marginal Citations

M12 S.I. 2002/2818; relevant amending instruments are S.I. 2004/925 and 2014/147.

M13 S.I. 2010/1060; relevant amending instrument is S.I. 2014/147.

M14 S.I. 2014/3051.

Applicable amounts for Income Support U.K.

6.  The sums relevant to the calculation of an applicable amount as specified in paragraph 1 of Part I of Schedule 2 to the Income Support Regulations M15 (applicable amounts: personal allowances) shall be as set out in Schedule 1 to this Order.

Marginal Citations

M15 Relevant amending instruments are S.I. 1990/1168, 1996/206, 2007/719, 2010/641 and 2014/147.

Housing Benefit U.K.

7.  The sums relevant to the calculation of an applicable amount as specified in paragraph 1 of Part 1 of Schedule 3 to the Housing Benefit Regulations 2006 M16 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.

Marginal Citations

M16 S.I. 2006/213; relevant amending instruments are S.I. 2008/1082 and 2014/147.

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

8.  In regulation 79(1) of the JSA Regulations 1996 M17 (weekly amounts of contribution-based jobseeker's allowance)—

(a) in sub-paragraph (a) for “£57.35” substitute “ £57.90 ”; and

(b) in sub-paragraph (c) for “£72.40” substitute “ £73.10 ”.

Marginal Citations

M17 Relevant amending instruments are S.I. 2013/2536 and 2014/147.

Applicable amounts for the JSA Regulations 1996 U.K.

9.  The sums relevant to the calculation of an applicable amount as specified in paragraph 1 of Part 1 of Schedule 1 to the JSA Regulations 1996 M18 (applicable amounts: personal allowances) shall be as set out in Schedule 3 to this Order.

Marginal Citations

M18 Relevant amending instruments are S.I. 1996/1516, 2000/1978, 2005/2877, 2007/719, 2008/698 and 1554, 2009/1575 and 2014/147.

Amounts for the JSA Regulations 2013 U.K.

10.  In regulation 49 of the JSA Regulations 2013 M19 (weekly amounts of jobseeker's allowance)—

(a) in paragraph (1)(a) for “£57.35” substitute “ £57.90 ”; and

(b) in paragraph (1)(b) for “£72.40” substitute “ £73.10 ”.

Marginal Citations

M19 Relevant amending instrument is S.I. 2014/147.

Amounts for the ESA Regulations 2008 U.K.

11.—(1) The sums specified in Part 1 of Schedule 4 to the ESA Regulations 2008 M20 (prescribed amounts) shall be as set out in Schedule 4 to this Order.

(2) In Part 4 of Schedule 4 to the ESA Regulations 2008 M21 (the components) in paragraph 12 for “£28.75” substitute “ £29.05 ”.

Marginal Citations

M20 Relevant amending instruments are S.I. 2008/2428, 2009/2655, 2011/2428 and 2014/147.

M21 Relevant amending instrument is S.I. 2014/147.

Prescribed amounts for the ESA Regulations 2013 U.K.

12.—(1) In regulation 62 of the ESA Regulations 2013 M22 (prescribed amounts)—

(a) in paragraph (1)(a) and (b)(i) for “£72.40” substitute “ £73.10 ”;

(b) in paragraph (1)(b)(ii) for “£57.35” substitute “ £57.90 ”; and

(c) in paragraph (2)(a) for “£28.75” substitute “ £29.05 ”.

(2) In regulation 62 of the ESA Regulations 2013 (prescribed amounts) as modified by paragraph 12 of Schedule 2 to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 M23 as that paragraph is modified by paragraph 21(10) of Schedule 4 to the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 M24 —

(a) in paragraph (1)(a)(i) and (ii)(aa) for “£72.40” substitute “ £73.10 ”; and

(b) in paragraph (1)(a)(ii)(bb) for “£57.35” substitute “ £57.90 ”.

Marginal Citations

M22 S.I. 2013/379; relevant amending instrument is S.I. 2014/147.

M23 S.I. 2010/1907 (“the 2010 Regulations”). The 2010 Regulations modify the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) (“the ESA Regulations 2008”) for the purpose of the conversion of awards of incapacity benefit, income support and severe disablement allowance to employment and support allowance under the ESA Regulations 2008.

M24 S.I. 2013/983. The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 modifies the 2010 Regulations so that they refer to a modified form of the Employment and Support Allowance Regulations 2013 (S.I. 2013/379) (“the ESA Regulations 2013”) for the purpose of the conversion of awards of incapacity benefit and severe disablement allowance to employment and support allowance under the ESA Regulations 2013.

Amounts of certain elements for the Universal Credit Regulations 2013 U.K.

13.  The amounts of the standard allowance, the additional amount in respect of each child or qualifying young person who is disabled (lower rate) and the limited capability for work element specified in the table in regulation 36 of the Universal Credit Regulations 2013 M25 (table showing amounts of elements) shall be as set out in Schedule 5 to this Order.

Marginal Citations

M25 S.I. 2013/376; relevant amending instrument is S.I. 2014/147.

Revocation U.K.

14.  The Welfare Benefits Up-rating Order 2014 M26 is revoked.

Marginal Citations

M26 S.I. 2014/147.

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

Steve Webb

Minister of State,

Department for Work and Pensions

14th January 2015