PART 1INTRODUCTION

Citation, extent, commencement and effect1

1

This Order may be cited as the Social Security Benefits Up-rating Order 2019.

2

This Order extends to England and Wales and Scotland, save for article 3, which, in so far as it increases the sums specified for carer’s allowance in Parts III and IV of Schedule 4 to the Contributions and Benefits Act, extends to England and Wales only.

3

Subject to paragraphs (4) and (5), this Order shall come into force for the purposes of—

a

this article and articles 2, 7, 23 and 24 on 1st April 2019;

b

article 3—

i

in so far as it relates to any increase to which article 7(9)(b) applies, on 1st April 2019, and

ii

for all other purposes, on 8th April 2019;

c

articles 4, 5, 6, 12, 13, 14, 15, 16, 19 and 20, on 8th April 2019;

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 2019, 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

articles 9, 17 and 18, on 6th April 2019;

f

article 10, on 7th April 2019, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1)8 of the Contributions and Benefits Act (appropriate weekly rate of maternity allowance under section 35), for which purpose it shall come into force on 8th April 2019;

g

article 11, on 7th April 2019;

h

articles 21 and 22, 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 8th April 2019, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

i

article 25, 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 8th April 2019, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations;

j

article 26, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 8th April 2019, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations;

k

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 8th April 2019, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the ESA Regulations 2008;

l

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 8th April 2019, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the ESA Regulations 2013;

m

article 29, 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 8th April 20199, and for the purpose of this sub-paragraph “assessment period” has the same meaning as in section 7(2) of the Welfare Reform Act 201210; and

n

article 30, on 7th May 2019.

4

In so far as articles 3, 4, 5, 6, 10, 12, 13, 14, 17, 18, 19 and 28 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 29 comes into force for that beneficiary.

5

The changes made in the sums specified for rates or amounts of benefit in articles 3, 4, 5, 6, 12, 13 and 14 shall take effect for each case on the date specified in relation to that case in article 7.

Interpretation2

In this Order—

  • “the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 199611;

  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 199212;

  • “the ESA Regulations 2008” means the Employment and Support Allowance Regulations 200813;

  • “the ESA Regulations 2013” means the Employment and Support Allowance Regulations 201314;

  • “the ESA and UC Regulations 2017” means the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 201715;

  • “the Housing Benefit Regulations” means the Housing Benefit Regulations 200616;

  • “the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200617;

  • “the Income Support Regulations” means the Income Support (General) Regulations 198718;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199619;

  • “the Pensions Act” means the Pensions Act 201420;

  • “the Pension Schemes Act” means the Pension Schemes Act 199321;

  • “the State Pension Credit Regulations” means the State Pension Credit Regulations 200222; and

  • “the Universal Credit Regulations” means the Universal Credit Regulations 201323.