2015 No. 30
The Welfare Benefits Up-rating Order 2015
Made
Coming into force in accordance with article 1
The Secretary of State for Work and Pensions, in exercise of the powers conferred by section 1 of the Welfare Benefits Up-rating Act 20131, makes the following Order.
Citation and commencement1
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)2of 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 20153, and for the purpose of this sub-paragraph “assessment period” has the same meaning as in section 7(2) of the Welfare Reform Act 20124 (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.
Interpretation2
In this Order—
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19925;
“the ESA Regulations 2008” means the Employment and Support Allowance Regulations 20086;
“the ESA Regulations 2013” means the Employment and Support Allowance Regulations 20137;
“the Income Support Regulations” means the Income Support (General) Regulations 19878;
“the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations 19969; and
“the JSA Regulations 2013” means the Jobseeker’s Allowance Regulations 201310.
Statutory Sick Pay3
In section 157(1) of the Contributions and Benefits Act11 (rate of payment of statutory sick pay) for “£87.55” substitute “£88.45”.
Statutory Maternity Pay4
In regulation 6 of the Statutory Maternity Pay (General) Regulations 198612 (prescribed rate of statutory maternity pay) for “£138.18” substitute “£139.58”.
Ordinary and Additional Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay5
1
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 200213—
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 201014(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 201415 (weekly rate of payment of statutory shared parental pay) for “£138.18” substitute “£139.58”.
Applicable amounts for Income Support6
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 Regulations16 (applicable amounts: personal allowances) shall be as set out in Schedule 1 to this Order.
Housing Benefit7
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 200617 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
Increase in age-related amounts of contribution-based Jobseeker’s Allowance8
In regulation 79(1) of the JSA Regulations 199618 (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”.
Applicable amounts for the JSA Regulations 19969
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 199619 (applicable amounts: personal allowances) shall be as set out in Schedule 3 to this Order.
Amounts for the JSA Regulations 201310
In regulation 49 of the JSA Regulations 201320 (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”.
Amounts for the ESA Regulations 200811
1
The sums specified in Part 1 of Schedule 4 to the ESA Regulations 200821(prescribed amounts) shall be as set out in Schedule 4 to this Order.
2
In Part 4 of Schedule 4 to the ESA Regulations 200822 (the components) in paragraph 12 for “£28.75” substitute “£29.05”.
Prescribed amounts for the ESA Regulations 201312
1
In regulation 62 of the ESA Regulations 201323 (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 201024 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 201325—
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”.
Amounts of certain elements for the Universal Credit Regulations 201313
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 201326 (table showing amounts of elements) shall be as set out in Schedule 5 to this Order.
Revocation14
The Welfare Benefits Up-rating Order 201427 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
SCHEDULE 1PARAGRAPH 1 OF PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
PART IPERSONAL 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)28 Single claimant aged— | (1) | |||||
(a) | except where head (b) or (c) of this sub-paragraph applies, less than 18; | (a) | £57.90; | |||
(b) | less than 18 who falls within any of the circumstances specified in paragraph 1A29; | (b) | £57.90; | |||
(c) | less than 18 who satisfies the condition in paragraph 11(1)(a); | (c) | £57.90; | |||
(d) | not less than 18 but less than 25; | (d) | £57.90; | |||
(e) | not less than 25. | (e) | £73.10. | |||
(2) Lone parent aged— | (2) | |||||
(a) | except where head (b) or (c) of this sub-paragraph applies, less than 18; | (a) | £57.90; | |||
(b) | less than 18 who falls within any of the circumstances specified in paragraph 1A; | (b) | £57.90; | |||
(c) | less than 18 who satisfies the condition in paragraph 11(1)(a); | (c) | £57.90; | |||
(d) | not less than 18. | (d) | £73.10. | |||
(3)30 Couple— | (3) | |||||
(a) | where both members are aged less than 18 and— | (a) | £87.50; | |||
(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) | £57.90; | |||
(c) | where both members are aged less than 18 and heads (a) and (b) do not apply; | (c) | £57.90; | |||
(d) | where both members are aged not less than 18; | (d) | £114.85; | |||
(e) | where one member is aged not less than 18 and the other member is a person under 18 who— | (e) | £114.85; | |||
(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) | £57.90; | |||
(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) | £73.10. | |||
(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). |
SCHEDULE 2PARAGRAPH 1 OF PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS 2006 AS AMENDED BY THIS ORDER
PART 1Personal Allowances
1
31 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) | £73.10; | ||
(b) | is aged not less than 25; | (b) | £73.10; | ||
(c) | is aged less than 25. | (c) | £57.90. | ||
(2) | Lone parent who— | (2) | |||
(a) | is entitled to main phase employment and support allowance; | (a) | £73.10; | ||
(b) | is aged not less than 18; or | (b) | £73.10; | ||
(c) | is aged less than 18. | (c) | £57.90. | ||
(3) | Couple where— | (3) | |||
(a) | the claimant is entitled to main phase employment and support allowance; | (a) | £114.85; | ||
(b) | at least one member is aged not less than 18; | (b) | £114.85; | ||
(c) | both members are aged less than 18. | (c) | £87.50. |
SCHEDULE 3PARAGRAPH 1 OF PART 1 OF SCHEDULE 1 TO THE JSA REGULATIONS 1996 AS AMENDED BY THIS ORDER
PART 1Personal Allowances
1
32 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) | £57.90; | ||
(b) | less than 18 who falls within paragraph (2) of regulation 57 and who— | (b) | £57.90; | ||
(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) | £57.90; | ||
(d) | not less than 18 but less than 25; | (d) | £57.90; | ||
(e) | not less than 25. | (e) | £73.10. | ||
(2) Lone parent aged— | (2) | ||||
(a) | except where head (b) or (c) of this sub-paragraph applies, less than 18; | (a) | £57.90; | ||
(b) | less than 18 who falls within paragraph (2) of regulation 57 and who— | (b) | £57.90; | ||
(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) | £57.90; | ||
(d) | not less than 18. | (d) | £73.10. | ||
(3) Couple— | (3) | ||||
(a) | where both members are aged less than 18 and— | (a) | £87.50; | ||
(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) | £57.90; | ||
(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) | £57.90; | ||
(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) | £57.90; | ||
(e) | where— | (e) | £114.85; | ||
(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) | £114.85; | ||
(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) | £57.90; | ||
(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) | £73.10. | ||
(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. |
SCHEDULE 4PART 1 OF SCHEDULE 4 TO THE ESA REGULATIONS 2008 AS AMENDED BY THIS ORDER
PART 1Prescribed amounts
1
33 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) | £73.10; | |
(b) | aged not less than 25; | (b) | £73.10; | |
(c) | aged less than 25. | (c) | £57.90; | |
(2) Lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person— | (2) | |||
(a) | who satisfies the conditions set out in section 4(4) or (5) of the Act; | (a) | £73.10; | |
(b) | aged not less than 18; | (b) | £73.10; | |
(c) | aged less than 18. | (c) | £57.90; | |
(3) Couple— | (3) | |||
(a) | where both members are aged not less than 18; | (a) | £114.85; | |
(b) | where one member is aged not less than 18 and the other member is a person under 18 who— | (b) | £114.85; | |
(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) | £114.85; | |
(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) | £87.50; | |
(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) | £73.10; | |
(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) | £73.10; | |
(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) | £73.10; | |
(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) | £57.90; | |
(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) | £57.90. |
SCHEDULE 5AMOUNTS OF CERTAIN ELEMENTS SPECIFIED IN THE TABLE IN REGULATION 36 OF THE UNIVERSAL CREDIT REGULATIONS 2013 AS AMENDED BY THIS ORDER
Element | Amount for each assessment period | |
---|---|---|
Standard allowance— | ||
single claimant aged under 25 | £251.77 | |
single claimant aged 25 or over | £317.82 | |
joint claimants both aged under 25 | £395.20 | |
joint claimants where either is aged 25 or over | £498.89 | |
Additional amount for disabled child or qualifying young person— | ||
lower rate | £126.11 | |
LCW and LCWRA elements— | ||
limited capability for work | £126.11 |
(This note is not part of the Order)