The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016

Statutory Instruments

2016 No. 242

Social Security

The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016

Made

25th February 2016

Laid before Parliament

1st March 2016

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 130A(2), 135(1), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), sections 4(5), 35(1) and 36(2) and (4) of the Jobseekers Act 1995(2), sections 2(3)(b), 3(7), 12(2)(b) and (c) and 17(1) of the State Pension Credit Act 2002(3) and sections 4(2), 24(1) and 25(2), (3) and (5) of the Welfare Reform Act 2007(4).

In accordance with section 173(1)(b) of the Social Security Administration Act 1992(5), the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations need not be referred to it.

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016.

(2) These Regulations shall come into force for the purposes of—

(a) this regulation, on 1st April 2016;

(b) regulation 2, 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 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations 1987(6);

(c) regulation 3, 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 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations 1996(7);

(d) regulation 4, 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 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations 2002(8);

(e) regulation 5, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2016, and in relation to any other case, on 1st April 2016, and for the purpose of this sub-paragraph “rent” has the same meaning as in the Housing Benefit Regulations 2006(9);

(f) regulation 6, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2016, and in relation to any other case, on 1st April 2016, and for the purpose of this sub-paragraph “rent” has the same meaning as in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(10); and

(g) regulation 7, 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 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Employment and Support Allowance Regulations 2008(11).

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In paragraph 15 of Schedule 2 (applicable amounts: weekly amounts of premiums specified in Part III) in column (2) for “£116.00” in sub-paragraphs (2)(12), (2A) and (3) substitute “£122.70”.

(3) In paragraph 18 of Schedule 3(13) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£93.80” substitute “£94.50”;

(b) in sub-paragraph (1)(b) for “£14.55” substitute “£14.65”;

(c) in sub-paragraph (2)(a) for “£129.00” substitute “£133.00”;

(d) in sub-paragraph (2)(b) for “£129.00”, “£189.00” and “£33.40” substitute “£133.00”, “£195.00” and “£33.65” respectively;

(e) in sub-paragraph (2)(c) for “£189.00”, “£246.00” and “£45.85” substitute “£195.00”, “£253.00” and “£46.20” respectively;

(f) in sub-paragraph (2)(d) for “£246.00”, “£328.00” and “£75.05” substitute “£253.00”, “£338.00” and “£75.60” respectively; and

(g) in sub-paragraph (2)(e) for “£328.00”, “£408.00” and “£85.45” substitute “£338.00”, “£420.00” and “£86.10” respectively.

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In Schedule 1 (applicable amounts)—

(a) in paragraph 20(14) (weekly amounts of premiums specified in Part III) in the column headed “Amount”—

(i) for “£78.10”, “£116.00” and “£116.00” in sub-paragraph (2) substitute “£82.50”, “£122.70” and “£122.70” respectively;

(ii) for “£116.00” in sub-paragraph (3) substitute “£122.70”; and

(iii) for “£78.10” and “£116.00” in sub-paragraph (4) substitute “£82.50” and “£122.70” respectively;

(b) in paragraph 20M(15) (weekly amounts of premiums specified in Part IVA) in the column headed “Amount” for “£116.00” in sub-paragraphs (1) and (2) substitute “£122.70”.

(3) In paragraph 17 of Schedule 2(16) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£93.80” substitute “£94.50”;

(b) in sub-paragraph (1)(b) for “£14.55” substitute “£14.65”;

(c) in sub-paragraph (2)(a) for “£129.00” substitute “£133.00”;

(d) in sub-paragraph (2)(b) for “£129.00”, “£189.00” and “£33.40” substitute “£133.00”, “£195.00” and “£33.65” respectively;

(e) in sub-paragraph (2)(c) for “£189.00”, “£246.00” and “£45.85” substitute “£195.00”, “£253.00” and “£46.20” respectively;

(f) in sub-paragraph (2)(d) for “£246.00”, “£328.00” and “£75.05” substitute “£253.00”, “£338.00” and “£75.60” respectively; and

(g) in sub-paragraph (2)(e) for “£328.00”, “£408.00” and “£85.45” substitute “£338.00”, “£420.00” and “£86.10” respectively.

Amendment of the State Pension Credit Regulations 2002

4.—(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In regulation 7(17) (savings credit) in paragraph (2) for “£126.50” and “£201.80” substitute “£133.82” and “£212.97” respectively.

(3) In paragraph 14 of Schedule II(18) (persons residing with the claimant)—

(a) in sub-paragraph (1)(a) for “£93.80” substitute “£94.50”;

(b) in sub-paragraph (1)(b) for “£14.55” substitute “£14.65”;

(c) in sub-paragraph (2)(a) for “£129.00” substitute “£133.00”;

(d) in sub-paragraph (2)(b) for “£129.00”, “£189.00” and “£33.40” substitute “£133.00”, “£195.00” and “£33.65” respectively;

(e) in sub-paragraph (2)(c) for “£189.00”, “£246.00” and “£45.85” substitute “£195.00”, “£253.00” and “£46.20” respectively;

(f) in sub-paragraph (2)(d) for “£246.00”, “£328.00” and “£75.05” substitute “£253.00”, “£338.00” and “£75.60” respectively; and

(g) in sub-paragraph (2)(e) for “£328.00”, “£408.00” and “£85.45” substitute “£338.00”, “£420.00” and “£86.10” respectively.

(4) In paragraph 1 of Schedule III(19) (polygamous marriages)—

(a) in sub-paragraph (5) for “£230.85” and “£79.65” substitute “£237.55” and “£81.95” respectively; and

(b) in sub-paragraph (7) for “£201.80” substitute “£212.97”.

Amendment of the Housing Benefit Regulations 2006

5.  Regulation 74(20) (non-dependant deductions) of the Housing Benefit Regulations 2006 is amended as follows—

(a) in paragraph (1)(a) for “£93.80” substitute “£94.50”;

(b) in paragraph (1)(b) for “£14.55” substitute “£14.65”;

(c) in paragraph (2)(a) for “£129.00” substitute “£133.00”;

(d) in paragraph (2)(b) for “£129.00”, “£189.00” and “£33.40” substitute “£133.00”, “£195.00” and “£33.65” respectively;

(e) in paragraph (2)(c) for “£189.00”, “£246.00” and “£45.85” substitute “£195.00”, “£253.00” and “£46.20” respectively;

(f) in paragraph (2)(d) for “£246.00”, “£328.00” and “£75.05” substitute “£253.00”, “£338.00” and “£75.60” respectively; and

(g) in paragraph (2)(e) for “£328.00”, “£408.00” and “£85.45” substitute “£338.00”, “£420.00” and “£86.10” respectively.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

6.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) In regulation 55(21) (non-dependant deductions)—

(a) in paragraph (1)(a) for “£93.80” substitute “£94.50”;

(b) in paragraph (1)(b) for “£14.55” substitute “£14.65”;

(c) in paragraph (2)(a) for “£129.00” substitute “£133.00”;

(d) in paragraph (2)(b) for “£129.00”, “£189.00” and “£33.40” substitute “£133.00”, “£195.00” and “£33.65” respectively;

(e) in paragraph (2)(c) for “£189.00”, “£246.00” and “£45.85” substitute “£195.00”, “£253.00” and “£46.20” respectively;

(f) in paragraph (2)(d) for “£246.00”, “£328.00” and “£75.05” substitute “£253.00”, “£338.00” and “£75.60” respectively; and

(g) in paragraph (2)(e) for “£328.00”, “£408.00” and “£85.45” substitute “£338.00”, “£420.00” and “£86.10” respectively.

(3) In paragraph 1 of Schedule 3(22) (applicable amounts: personal allowances) in column (2)—

(a) for “£151.20” and “£166.05” in sub-paragraph (1) substitute “£155.60” and “£168.70” respectively;

(b) for “£230.85” and “£248.30” in sub-paragraph (2) substitute “£237.55” and “£252.30” respectively;

(c) for “£230.85” and “£79.65” in sub-paragraph (3) substitute “£237.55” and “£81.95” respectively; and

(d) for “£248.30” and “£82.25” in sub-paragraph (4) substitute “£252.30” and “£83.60” respectively.

Amendment of the Employment and Support Allowance Regulations 2008

7.—(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) In paragraph 11 of Schedule 4(23) (weekly amount of premiums specified in Part 2) in column (2)—

(a) for “£49.05”, “£41.90” and “£78.10” in sub-paragraph (1)(a) substitute “£53.45”, “£46.30” and “£82.50” respectively; and

(b) for “£86.95”, “£79.80” and “£116.00” in sub-paragraph (1)(b) substitute “£93.65”, “£86.50” and “£122.70” respectively.

(3) In paragraph 19 of Schedule 6(24) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£93.80” substitute “£94.50”;

(b) in sub-paragraph (1)(b) for “£14.55” substitute “£14.65”;

(c) in sub-paragraph (2)(a) for “£129.00” substitute “£133.00”;

(d) in sub-paragraph (2)(b) for “£129.00”, “£189.00” and “£33.40” substitute “£133.00”, “£195.00” and “£33.65” respectively;

(e) in sub-paragraph (2)(c) for “£189.00”, “£246.00” and “£45.85” substitute “£195.00”, “£253.00” and “£46.20” respectively;

(f) in sub-paragraph (2)(d) for “£246.00”, “£328.00” and “£75.05” substitute “£253.00”, “£338.00” and “£75.60” respectively; and

(g) in sub-paragraph (2)(e) for “£328.00”, “£408.00” and “£85.45” substitute “£338.00”, “£420.00” and “£86.10” respectively.

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

Altmann

Minister of State,

Department for Work and Pensions

25th February 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214) and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794). They make changes to several social security benefits that would more usually be included in an up-rating order.

Regulations 2, 3, 6 and 7 amend the Income Support (General) Regulations 1987, the Jobseeker’s Allowance Regulations 1996, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 and the Employment and Support Allowance Regulations 2008 so as to increase the pensioner premiums, change the income bands for non-dependant deductions and increase the amounts of the non-dependant deductions themselves.

Regulation 4 amends the State Pension Credit Regulations 2002 so as to increase the amounts prescribed for the savings credit thresholds, including in the case of a polygamous marriage, and to increase the standard minimum guarantee in the case of a polygamous marriage. It also changes the income bands for non-dependant deductions and increases the amounts of the non-dependant deductions themselves.

Regulation 5 amends the Housing Benefit Regulations 2006 to change the income bands for non-dependant deductions and to increase amounts of the non-dependant deductions themselves.

An Impact Assessment has not been published for this instrument as it has no new impact on business or civil society organisations.

(1)

1992 c.4. Section 130A was inserted by section 30(2) of the Welfare Reform Act 2007 (c.5). Section 175(1) and (4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) “(the 1999 Act)”. Section 175(3) and (4) is applied to provisions of the State Pension Credit Act 2002 (c.16) by section 19(1) of that Act. Section 137(1) is an interpretation provision and is cited because of the meaning given to the word “prescribed”.

(2)

1995 c.18. Section 35(1) was amended by paragraph 62 of Schedule 3 to the 1999 Act. Section 36(4) was amended by paragraph 63 of Schedule 3 to the 1999 Act. Section 35(1) is an interpretation provision and is cited because of the meaning given to the word “regulations”.

(3)

2002 c.16. Section 17(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(4)

2007 c.5. Section 24(1) is an interpretation provision and is cited because of the meaning given to the words “prescribed” and “regulations”.

(5)

1992 c.5.

(6)

S.I. 1987/1967. See regulation 2(1) for the definition of “benefit week” which was amended by S.I. 1988/1445.

(7)

S.I. 1996/207. See regulation 1(3) for the definition of “benefit week” which was substituted by S.I. 2009/604.

(8)

S.I. 2002/1792. See regulation 1(2) for the definition of “benefit week” which was substituted by S.I. 2009/3229.

(9)

S.I. 2006/213. See regulation 2(1) for the definition of “rent”.

(10)

S.I. 2006/214. See regulation 2(1) for the definition of “rent”.

(11)

S.I. 2008/794. See regulation 2(1) for the definition of “benefit week”.

(12)

Sub-paragraph (2A) was inserted by S.I. 1989/534. Sub-paragraphs (2), (2A) and (3) were substituted by S.I. 2002/3019 and amended by S.I. 2015/457.

(13)

Schedule 3 was substituted by S.I. 1995/1613; relevant amending instruments are S.I. 1995/2927, 1996/2518, 1999/3178, 2004/2327 and 2015/457.

(14)

Relevant amending instrument is S.I. 2015/457.

(15)

Part IVB was inserted by S.I. 2000/1978 and amended by S.I. 2015/457.

(16)

Relevant amending instruments are S.I. 1996/2518, 1999/2860, 2004/2327 and 2015/457.

(17)

Relevant amending instrument is S.I. 2015/457.

(18)

Relevant amending instruments are S.I. 2002/3197, 2004/2327, 2006/2378 and 2015/457.

(19)

Relevant amending instruments are S.I. 2002/3197 and 2015/457.

(20)

Regulation 74 was substituted by S.I. 2007/2868. The relevant amending instrument is S.I. 2015/457.

(21)

Regulation 55 was substituted by S.I. 2007/2869. The relevant amending instrument is S.I. 2015/457.

(22)

Relevant amending instrument is S.I. 2015/457.

(23)

Relevant amending instrument is S.I. 2015/457.

(24)

Relevant amending instrument is S.I. 2015/457.