Search Legislation

The Social Security Benefits Up-rating Order 2023

Status:

Point in time view as at 06/04/2023. This version of this part contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

There are currently no known outstanding effects for the The Social Security Benefits Up-rating Order 2023, PART 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Valid from 10/04/2023

PART 6E+W+SEMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for the ESA Regulations 2008E+W+S

31.—(1) Unless stated otherwise, any reference in this article to a Schedule is a reference to the Schedule to the ESA Regulations 2008 bearing that number.

(2) The sums specified in Part 1 of Schedule 4(1) (prescribed amounts) shall be as set out in paragraph 1 of Schedule 11 to this Order except in cases referred to in paragraph (3).

(3) In cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017, the sums specified in paragraph 1 of Schedule 4 to the ESA Regulations 2008 shall be as set out in paragraph 2 of Schedule 11 to this Order.

(4) The sums specified in Part 3 of Schedule 4(2) (weekly amount of premiums specified in Part 2) shall be as set out in paragraph 1 of Schedule 12 to this Order.

(5) In cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017, the sums specified in paragraph 11(1) of Schedule 4 to the ESA Regulations 2008 shall be as set out in paragraph 2 of Schedule 12 to this Order.

(6) In Part 4 of Schedule 4 (the component)—

(a)in cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017, in paragraph 12 for “£30.60” substitute “£33.70”; and

(b)in paragraph 13(3) for “£40.60” substitute “£44.70”.

(7) In paragraph 19 of Schedule 6(4) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) for “£106.05” substitute “£116.75”;

(b)in sub-paragraph (1)(b) for “£16.45” substitute “£18.10”;

(c)in sub-paragraph (2)(a) for “£154.00” substitute “£162.00”;

(d)in sub-paragraph (2)(b)—

(i)for “£37.80” substitute “£41.60”;

(ii)for “£154.00” substitute “£162.00”; and

(iii)for “£224.00” substitute “£236.00”;

(e)in sub-paragraph (2)(c)—

(i)for “£51.85” substitute “£57.10”;

(ii)for “£224.00” substitute “£236.00”; and

(iii)for “£292.00” substitute “£308.00”;

(f)in sub-paragraph (2)(d)—

(i)for “£84.85” substitute “£93.40”;

(ii)for “£292.00” substitute “£308.00”; and

(iii)for “£389.00” substitute “£410.00”; and

(g)in sub-paragraph (2)(e)—

(i)for “£96.60” substitute “£106.35”;

(ii)for “£389.00” substitute “£410.00”; and

(iii)for “£484.00” substitute “£511.00”.

Commencement Information

I1Art. 31 comes into force in accordance with art. 1(3)(n)

Prescribed amount for the ESA Regulations 2013E+W+S

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

(a)in paragraph (1)(a) and (b)(i)(5) for “£77.00” substitute “£84.80”;

(b)in paragraph (1)(b)(ii)(6) for “£61.05” substitute “£67.20”; and

(c)in paragraph (2)(7) for “£40.60” substitute “£44.70”.

(2) In regulation 62(2) of the ESA Regulations 2013, as it has effect in cases falling within paragraphs 2 to 7 of Schedule 2 to the ESA and UC Regulations 2017(8)—

(a)in sub-paragraph (a) for “£30.60” substitute “£33.70”; and

(b)in sub-paragraph (b) for “£40.60” substitute “£44.70”.

(3) In regulation 62 of the ESA Regulations 2013 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(9) 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(10)—

(a)in paragraph (1)(a)(i) and (ii)(aa) for “£77.00” substitute “£84.80”; and

(b)in paragraph (1)(a)(ii)(bb) for “£61.05” substitute “£67.20”.

Commencement Information

I2Art. 32 in force at 10.4.2023 coming into force in accordance with art. 1(3)(o) (subject to art. 1(4)), see art. 1(3)(o)

(1)

Relevant amending instruments are S.I. 2008/2428, 2009/2655, 2011/2428 and 2022/292. Paragraph 1 of Schedule 4 was also amended by S.I. 2017/204 and 581 but the amendments do not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to S.I. 2017/204 apply.

(2)

Relevant amending instruments are S.I. 2008/2428, 2015/457 and 2022/292.

(3)

Relevant amending instrument is S.I. 2022/292.

(4)

Relevant amending instruments are S.I. 2016/242 and 2022/292.

(5)

Relevant amending instruments are S.I. 2015/30, 2017/204 and 581 and 2022/292.

(6)

Relevant amending instruments are S.I. 2015/30, 2017/204 and 581 and 2022/292.

(7)

Relevant amending instruments are S.I. 2017/204 and 2022/292.

(8)

Regulation 62(2) was substituted by regulation 3 of S.I. 2017/204 but that amendment does not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to that S.I. apply. Relevant amending instruments are S.I. 2015/30 and 2022/292.

(9)

S.I. 2010/1907 (“the 2010 Regulations”). The 2010 Regulations modify 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.

(10)

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 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources