OpenLegislation

The Social Security Benefits Up-rating Order 2004

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2004, ISBN 0110485009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under sections 150(2) and 190(1)(a) of the Social Security Administration Act 1992 for approval by resolution of each House of Parliament.

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

Made 2004

Coming into force in accordance with article 1

Whereas, the Secretary of State for Work and Pensions having made a review under section 150(1) of the Social Security Administration Act 1992f1, it appeared to him that the general level of prices was greater at the end of the period under review than it was at the beginning of that period, and whereas a draft of the following Order was laid before Parliament in accordance with the provisions of sections 150(2) and 190(1)(a) of that Act and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Work and Pensions, with the consent of the Treasuryf2, in exercise of the powers conferred by sections 150f3, 151 and 189(1), (4) and (5) of the Social Security Administration Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1992 c. 5 (“the Administration Act”). Section 150 was amended by paragraph 28 of Schedule 8 to the Pension Schemes Act 1993 (c. 48) (“the 1993 Act”), sections 2(3) and 9(4) of the Social Security (Incapacity for Work) Act 1994 (c. 18) (“the 1994 Act”), paragraph 64 of Schedule 2 to the Jobseekers Act 1995 (c. 18) (“the 1995 Act”), section 131(2) of the Pensions Act 1995 (c. 26), paragraph 24 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”), paragraph 16 of Schedule 2 to the State Pension Credit Act 2002 (c. 16) and paragraph 14 of Schedule 7 to the Employment Act 2002 (c. 22). See also section 4(8) of the 1994 Act and regulation 18(3) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (S.I. 1995/310).

f2

See section 189(8) of the Administration Act.

f3

The functions of the Secretary of State under section 150, so far as relating to child benefit and guardian’s allowance, were transferred to the Commissioners of Inland Revenue by section 50(1) of the Tax Credits Act 2002 (c. 21).

Contents

  1. Part I: INTRODUCTION
  2. 1Citation, commencement and effect
  3. 2Interpretation
  4. Part II: SOCIAL SECURITY BENEFITS AND PENSIONS
  5. 3Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
  6. 4Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
  7. 5Increase in rates or amounts of certain benefits under the Pension Schemes Act
  8. 6Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
  9. 7Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
  10. 8Earnings Limits
  11. 9Statutory Sick Pay
  12. 10Statutory Maternity Pay
  13. 11Statutory Paternity Pay and Statutory Adoption Pay
  14. 12Increase in rate of graduated retirement benefit
  15. 13Increase in rates of Disability Living Allowance
  16. 14Increase in rates of age addition to long-term incapacity benefit
  17. 15Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
  18. Part III: INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
  19. 16Applicable amounts for Income Support
  20. 17Income Support Transitional Protection
  21. 18The Relevant Sum for Income Support
  22. 19Housing Benefit
  23. 20Housing Benefit for certain persons over the qualifying age for State Pension Credit
  24. 21Council Tax Benefit
  25. 22Council Tax Benefit for certain persons over the qualifying age for State Pension Credit
  26. Part IV: JOBSEEKER'S ALLOWANCE
  27. 23Increase in age-related amounts of contribution-based Jobseeker’s Allowance
  28. 24Applicable amounts for Jobseeker’s Allowance
  29. 25The Prescribed Sum for Jobseeker’s Allowance
  30. Part V: STATE PENSION CREDIT
  31. 26State Pension Credit
  32. Part VI: REVOCATION
  33. 27Revocation
  34. Signature
  35. Schedule 1PROVISIONS OF SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER
  36. Schedule 2PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
  37. Schedule 3PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
  38. Schedule 4: INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES
  39. IPROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS WHICH ARE AMENDED BY THIS ORDER
  40. IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS
  41. Schedule 5OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS
  42. Schedule 6PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  43. Schedule 7PART IV OF SCHEDULE 2 TO THE HOUSING BENEFITREGULATIONS AS AMENDED BY THIS ORDER
  44. Schedule 8PART I OF SCHEDULE 2A TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  45. Schedule 9PART IV OF SCHEDULE 2A TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  46. Schedule 10PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  47. Schedule 11PART IV OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  48. Schedule 12PART I OF SCHEDULE 1A TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  49. Schedule 13PART IV OF SCHEDULE 1A TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  50. Schedule 14PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
  51. Schedule 15PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
  52. Schedule 16PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
  53. Schedule 17JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES
  54. Schedule 18JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES
  55. Schedule 19OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS
  56. Schedule 20OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS
  57. Explanatory note

1Citation, commencement and effect

(1)

This Order may be cited as the Social Security Benefits Up-rating Order 2004.

(2)

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

(a)

articles 1, 2, 6, 21, 22 and 27, on 1st April 2004;

(b)

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 2004, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(c)

articles 3 to 5, 7, 12, 13 and 26, on 12th April 2004;

(d)

article 9, on 6th April 2004;

(e)

articles 10 and 11, on 4th April 2004;

(f)

articles 14 and 15, on 15th April 2004;

(g)

articles 16 to 18, 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 12th April 2004, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations;

(h)

articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 2004, and in relation to any other case, on 1st April 2004;

(i)

articles 23 to 25, 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 12th April 2004, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.

(3)

The increases made—

(a)

in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and

(b)

by article 23(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,

shall take effect for each case on the date specified in relation to that case in article 6 of this Order.

2Interpretation

In this Order—

  • “the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996f1;

  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992f2;

  • “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992f3;

  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987f4;

  • “the Income Support Regulations” means the Income Support (General) Regulations 1987f5;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996f6;

  • “the Pension Schemes Act” means the Pension Schemes Act 1993; and

  • “the State Pension Credit Regulations” means the State Pension Credit Regulations 2002f7.

3Increase in rates or amounts of certain benefits under the Contributions and Benefits Act

(1)

The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1 to this Order.

(2)

The sums mentioned in paragraph (1) above are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act except, in—

(a)

Part I, the sum specified for child’s special allowance;

(b)

Part III, the sums specified for guardian’s allowance and for age addition to a pension of any category and otherwise under section 79 of that Act;

(c)

Part IV, the sums specified in column (2) (increase for qualifying child); and

(d)

Part V, the sums specified for the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children.

4Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

(1)

The sums specified in paragraphs (2) to (5) below shall be increased from and including the respective dates specified in article 6 below.

(2)

The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 2.8 per cent. of their amount apart from this Order.

(3)

In section 44(4) of the Contributions and Benefits Actf1 (basic pension in a Category A retirement pension)—

(a)

for “£69.20” substitute “£71.15”; and

(b)

for “£77.45” substitute “£79.60”.

(4)

It is hereby directedf2 that the sums which are—

(a)

the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2003–2004 shall be increased by 2.8 per cent. of their amount apart from this Order;

(b)

the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Actf3 (increase of pension where entitlement is deferred) shall be increased by 2.8 per cent. of their amount apart from this Order; and

(c)

payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975f4, section 63 of the Social Security Act 1986f5 or section 150(1)(e) of the Social Security Administration Act 1992 shall be increased by 2.8 per cent. of their amount apart from this Order.

(5)

The sums which, under—

(a)

section 55A of the Contributions and Benefits Actf6, are shared additional pensions;

(b)

section 55C of the Contributions and Benefits Actf7, are increases in the rates of such pensions,

shall in each case be increased by 2.8 per cent. of their amount apart from this Order.

5Increase in rates or amounts of certain benefits under the Pension Schemes Act

(1)

It is hereby directedf1 that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.

(2)

Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) of that Act), shall be increased by 2.8 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax yearsf2.

6Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order

(1)

Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.

(2)

Subject to paragraph (3) below, any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 12th April 2004.

(3)

In the case of a person over pensionable age—

(a)

whose entitlement to a Category A retirement pension is deferred; and

(b)

for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Actf1,

any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 15th April 2004.

(4)

The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 12th April 2004.

(5)

Any increases in the sums specified for—

(a)

the rate of—

(i)

Category C and Category D retirement pension,

(ii)

child’s special allowancef2,

(iii)

attendance allowance, and

(iv)

carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); and

(b)

any increases in—

(i)

Category C retirement pension and carer’s allowance referred to in heads (i) and (iv) of sub-paragraph (a) above, and

(ii)

maternity allowance, widowed mother’s allowance and widowed parent’s allowance,

in respect of dependants,

shall in all cases take effect on 12th April 2004.

(6)

Any increases in the sums specified for—

(a)

the rate of—

(i)

carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,

(ii)

disablement benefit,

(iii)

maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,

(iv)

industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children, and

(v)

the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and

(b)

any increases in—

(i)

the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) above in respect of dependants, and

(ii)

disablement pension,

shall in all cases take effect on 14th April 2004.

(7)

In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Actf3 by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 12th April 2004.

(8)

The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 15th April 2004.

(9)

The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 14th April 2004.

(10)

In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992f4 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.

(11)

Any increases in the sums specified in articles 3 and 23(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amountf5, shall take effect—

(a)

except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 12th April 2004;

(b)

in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2004,

and for the purposes of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.

7Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948

From and including—

(a)

14th April 2004, for “£43.15” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);

(b)

15th April 2004, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),

substitute “£44.35”.

8Earnings Limits

In section 80(4) of the Contributions and Benefits Actf1 (earnings limits in respect of child dependency increases)—

(a)

for “£160.00”, in both places where it occurs, substitute “£165.00”; and

(b)

for “£20.00” substitute “£21.00”.

9Statutory Sick Pay

In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£64.35” substitute “£66.15”.

10Statutory Maternity Pay

In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986f1 (prescribed rate of statutory maternity pay) for “£100.00” substitute “£102.80”.

11Statutory Paternity Pay and Statutory Adoption Pay

In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002f1—

(a)

in regulation 2 (weekly rate of payment of statutory paternity pay)—

(i)

in paragraph (1) “£75.00” remains unchangedf2, and

(ii)

in paragraph (2)(a) for “£100.00” substitute “£102.80”; and

(b)

in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£100.00” substitute “£102.80”.

12Increase in rate of graduated retirement benefit

(1)

In section 36(1) of the National Insurance Act 1965f1 (graduated retirement benefit)—

(a)

the sum of 9.37 pence shall be increased by 2.8 per cent.; and

(b)

from and including 12th April 2004 the reference in that provision to that sum shall have effect as a reference to 9.63 pence.

(2)

The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978f2 (increases for deferred retirement) shall be increased by 2.8 per cent. of their amount apart from this Order.

(3)

The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 2.8 per cent. of their amount apart from this Order.

13Increase in rates of Disability Living Allowance

In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991f1 (rate of benefit)—

(a)

in paragraph (1)(a) for “£57.20” substitute “£58.80”;

(b)

in paragraph (1)(b) for “£38.30” substitute “£39.35”;

(c)

in paragraph (1)(c) for “£15.15” substitute “£15.55”;

(d)

in paragraph (2)(a) for “£39.95” substitute “£41.05”; and

(e)

in paragraph (2)(b) for “£15.15” substitute “£15.55”.

14Increase in rates of age addition to long-term incapacity benefit

In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994f1 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a)

in sub-paragraph (a) for “£15.15” substitute “£15.55”; and

(b)

in sub-paragraph (b) for “£7.60” substitute “£7.80”.

15Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases

In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995f1 (rate of long-term incapacity benefit in transitional cases)—

(a)

in sub-paragraph (a) for “£15.15” substitute “£15.55”;

(b)

in sub-paragraph (b) for “£9.70” substitute “£10.00”; and

(c)

in sub-paragraph (c) for “£4.85” substitute “£5.00”.

16Applicable amounts for Income Support

(1)

The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 5 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Income Support Regulations bearing that number.

(2)

In—

(a)

regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and

(b)

paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,

the sum specified is in each case £3,000.

(3)

The sums specified in Part I of Schedule 2f1 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.

(4)

In paragraph 3 of Part II of Schedule 2f2 (applicable amounts: family premium)—

(a)

in sub-paragraph (1)(a) for “£15.90” substitute “£15.95”; and

(b)

in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”.

(5)

The sums specified in Part IV of Schedule 2f3 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6)

In paragraph 18 of Schedule 3f4 (housing costs: non-dependant deductions)—

(a)

in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)

in sub-paragraph (1)(b) “£7.40” remains unchanged;

(c)

in sub-paragraph (2)(a) for “£92.00” substitute “£97.00”;

(d)

in sub-paragraph (2)(b)—

(i)

for “£92.00” substitute “£97.00”;

(ii)

for “£137.00” substitute “£144.00”;

(iii)

“£17.00” remains unchanged;

(e)

in sub-paragraph (2)(c)—

(i)

for “£137.00” substitute “£144.00”;

(ii)

for “£177.00” substitute “£186.00”;

(iii)

“£23.35” remains unchanged;

(f)

in sub-paragraph (2)(d)—

(i)

for “£177.00” substitute “£186.00”;

(ii)

for “£235.00” substitute “£247.00”;

(iii)

“£38.20” remains unchanged; and

(g)

in sub-paragraph (2)(e)—

(i)

for “£235.00” substitute “£247.00”;

(ii)

for “£293.00” substitute “£308.00”;

(iii)

“£43.50” remains unchanged.

(7)

Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases)—

(a)

which are amended by this Order shall be as set out in Part I of Schedule 4 to this Order; and

(b)

which are not increased by this Order are the sums set out in Part II of that Schedule.

(8)

The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.

(9)

In paragraph 19(b) of Schedule 9f5 (sums to be disregarded in the calculation of income other than earnings) for “£9.65” substitute “£9.80”.

17Income Support Transitional Protection

It is hereby directedf1 that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987f2 (special transitional addition) shall be increased by 1.8 per cent. of their amount apart from this Order.

18The Relevant Sum for Income Support

In section 126(7) of the Contributions and Benefits Actf1 (trade disputes: the relevant sum) for “£29.50” substitute “£30.00”.

19Housing Benefit

(1)

As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.

(2)

In—

(a)

regulations 16(b) and 17(c); and

(b)

paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts),

the sum specified is in each case £3,000.

(3)

In regulation 18(1)f1 (patients)—

(a)

in sub-paragraphs (a), (b) and (d)(ii) for “£19.35” substitute “£19.90” in each case;

(b)

in sub-paragraphs (c)(i) and (d)(i) for “£15.50” substitute “£15.90” in each case; and

(c)

in sub-paragraph (c)(ii) for “£38.70” substitute “£39.80”.

(4)

In regulation 21(1A)f2 (calculation of income on a weekly basis)—

(a)

in sub-paragraph (a) for “£94.50” substitute “£135.00”; and

(b)

in sub-paragraph (b) for “£140” substitute “£200”.

(5)

In regulation 63f3 (non-dependant deductions)—

(a)

in paragraph (1)(a) “£47.75” remains unchanged;

(b)

in paragraph (1)(b) “£7.40” remains unchanged;

(c)

in paragraph (2)(a) for “£92.00” substitute “£97.00”;

(d)

in paragraph (2)(b)—

(i)

for “£92.00” substitute “£97.00”;

(ii)

for “£137.00” substitute “£144.00”;

(iii)

“£17.00” remains unchanged;

(e)

in paragraph (2)(c)—

(i)

for “£137.00” substitute “£144.00”;

(ii)

for “£177.00” substitute “£186.00”;

(iii)

“£23.35” remains unchanged;

(f)

in paragraph (2)(d)—

(i)

for “£177.00” substitute “£186.00”;

(ii)

for “£235.00” substitute “£247.00”;

(iii)

“£38.20” remains unchanged; and

(g)

in paragraph (2)(e)—

(i)

for “£235.00” substitute “£247.00”;

(ii)

for “£293.00” substitute “£308.00”;

(iii)

“£43.50” remains unchanged.

(6)

In paragraph 1A of Part I of Schedule 1f4 (ineligible service charges), for “£19.50”, “£19.50”, “£9.85”, “£12.95”, “£12.95”, “£6.55” and “£2.40” substitute “£19.85”, “£19.85”, “£10.05”, “£13.20”, “£13.20”, “£6.65” and “£2.45” respectively.

(7)

In paragraph 5 of Part II of Schedule 1f5 (payments in respect of fuel charges)—

(a)

in sub-paragraph (2)(a) for “£9.65” substitute “£9.80”; and

(b)

in sub-paragraph (2)(b) and (d) for “£1.15” substitute “£1.20”.

(8)

The sums specified in Part I of Schedule 2f6 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

(9)

In paragraph 3 of Part II of Schedule 2f7 (applicable amounts: family premium)—

(a)

in sub-paragraph (1)(a) “£22.20” remains unchanged;

(b)

in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”; and

(c)

in sub-paragraph (1A)f8 for “£10.45” substitute “£10.50”.

(10)

The sums specified in Part IV of Schedule 2f9 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.

(11)

In paragraph 16(1) and (3)(c) of Schedule 3f10 (sums to be disregarded in the calculation of earnings) for “£11.90” substitute “£12.32”.

(12)

In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 20(b)f11 for “£9.65” substitute “£9.80”; and

(b)

in paragraph 58f12 for “£11.90” substitute “£12.32”.

20Housing Benefit for certain persons over the qualifying age for State Pension Credit

(1)

This article applies to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003f1 (“the 2003 Regulations”) applies and references in this article to the Housing Benefit Regulations are to the Housing Benefit Regulations as modified by the 2003 Regulations in their application to those persons.

(2)

As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.

(3)

In regulation 16(3)(a)f2 (applicable amounts) “20 per cent.” remains unchanged.

(4)

In regulation 26(3) (calculation of income on a weekly basis)—

(a)

in sub-paragraph (a) for “£94.50” substitute “£135.00”; and

(b)

in sub-paragraph (b) for “£140” substitute “£200”.

(5)

The sums specified in Part I of Schedule 2A (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(6)

In paragraph 3 of Part II of Schedule 2A (applicable amounts: family premium)—

(a)

in sub-paragraph (1) for “£15.75” substitute “£15.95”; and

(b)

in sub-paragraph (2) for “£10.45” substitute “£10.50”.

(7)

The sums specified in Part IV of Schedule 2A (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 9 to this Order.

(8)

In paragraph 9(1) and (3)(c) of Schedule 3Af3 (sums disregarded from claimant’s earnings) for “£11.90” substitute “£12.32”.

(9)

In paragraph 21 of Schedule 4Af4 (amounts to be disregarded in the calculation of income other than earnings) for “£11.90” substitute “£12.32”.

21Council Tax Benefit

(1)

The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 10 and 11 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.

(2)

In—

(a)

regulations 8(b) and 9(c); and

(b)

paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts),

the sum specified is in each case £3,000.

(3)

In regulation 10(1)f1 (patients)—

(a)

in sub-paragraphs (a), (b) and (d)(ii) for “£19.35” substitute “£19.90” in each case;

(b)

in sub-paragraphs (c)(i) and (d)(i) for “£15.50” substitute “£15.90” in each case; and

(c)

in sub-paragraph (c)(ii) for “£38.70” substitute “£39.80”.

(4)

In regulation 13(1A)f2 (calculation of income on a weekly basis)—

(a)

in sub-paragraph (a) for “£94.50” substitute “£135.00”; and

(b)

in sub-paragraph (b) for “£140” substitute “£200”.

(5)

In regulation 52f3 (non-dependant deductions)—

(a)

in paragraph (1)(a) “£6.95” remains unchanged;

(b)

in paragraph (1)(b) “£2.30” remains unchanged;

(c)

in paragraph (2)(a) for “£137.00” substitute “£144.00”;

(d)

in paragraph (2)(b)—

(i)

for “£137.00” substitute “£144.00”;

(ii)

for “£235.00” substitute “£247.00”;

(iii)

“£4.60” remains unchanged; and

(e)

in paragraph (2)(c)—

(i)

for “£235.00” substitute “£247.00”;

(ii)

for “£293.00” substitute “£308.00”;

(iii)

“£5.80” remains unchanged.

(6)

The sums specified in Part I of Schedule 1f4 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.

(7)

In paragraph 3 of Part II of Schedule 1f5 (applicable amounts: family premium)—

(a)

in sub-paragraph (1)(a) “£22.20” remains unchanged;

(b)

in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”; and

(c)

in sub-paragraph (1A)f6 for “£10.45” substitute “£10.50”.

(8)

The sums specified in Part IV of Schedule 1f7 (applicable amounts: premiums) shall be as set out in Schedule 11 to this Order.

(9)

In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit)—

(a)

in sub-paragraph (2)(b)(i) for “£137.00” substitute “£144.00”;

(b)

in sub-paragraph (2)(b)(ii) for “£137.00” and “£177.00” substitute “£144.00” and “£186.00” respectively.

(10)

In paragraph 16(1) and (3)(c) of Schedule 3f8 (sums to be disregarded in the calculation of earnings) for “£11.90” substitute “£12.32”.

(11)

In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 20(b)f9 for “£9.65” substitute “£9.80”; and

(b)

in paragraph 57f10 for “£11.90” substitute “£12.32”.

22Council Tax Benefit for certain persons over the qualifying age for State Pension Credit

(1)

This article applies to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (“the 2003 Regulations”) applies and references in this article to the Council Tax Benefit Regulations are to the Council Tax Benefit Regulations as modified by the 2003 Regulations in their application to those persons.

(2)

The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 12 and 13 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.

(3)

In regulation 8(3)(a)f1 (applicable amounts) “20 per cent.” remains unchanged.

(4)

In regulation 18(3) (calculation of income on a weekly basis)—

(a)

in sub-paragraph (a) for “£94.50” substitute “£135.00”; and

(b)

in sub-paragraph (b) for “£140” substitute “£200”.

(5)

The sums specified in Part I of Schedule 1A (applicable amounts: personal allowances) shall be as set out in Schedule 12 to this Order.

(6)

In paragraph 3 of Part II of Schedule 1A (applicable amounts: family premium)—

(a)

in sub-paragraph (1) for “£15.75” substitute “£15.95”; and

(b)

in sub-paragraph (2) for “£10.45” substitute “£10.50”.

(7)

The sums specified in Part IV of Schedule 1A (amounts of premiums specified in Part III) shall be as set out in Schedule 13 to this Order.

(8)

In paragraph 9(1) and (3)(c) of Schedule 3Af2 (sums disregarded from claimant’s earnings) for “£11.90” substitute “£12.32”.

(9)

In paragraph 21 of Schedule 4Af3 (amounts to be disregarded in the calculation of income other than earnings) for “£11.90” substitute “£12.32”.

23Increase in age-related amounts of contribution-based Jobseeker’s Allowance

In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance)—

(a)

in sub-paragraph (a) for “£32.90” substitute “£33.50”;

(b)

in sub-paragraph (b) for “£43.25” substitute “£44.05”; and

(c)

in sub-paragraph (c) for “£54.65” substitute “£55.65”.

24Applicable amounts for Jobseeker’s Allowance

(1)

The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 14 to 19 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Jobseeker’s Allowance Regulations bearing that number.

(2)

In—

(a)

regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and

(b)

paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,

the sum specified is in each case £3,000.

(3)

The sums specified in Part I of Schedule 1f1 (applicable amounts: personal allowances) shall be as set out in Schedule 14 to this Order.

(4)

In paragraph 4 of Part II of Schedule 1f2 (applicable amounts: family premium)—

(a)

in sub-paragraph (1)(a) for “£15.90” substitute “£15.95”; and

(b)

in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”.

(5)

The sums specified in Part IV of Schedule 1f3 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 15 to this Order.

(6)

The sums specified in Part IVB of Schedule 1f4 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 16 to this Order.

(7)

In paragraph 17 of Schedule 2f5 (housing costs: non-dependant deductions)—

(a)

in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)

in sub-paragraph (1)(b) “£7.40” remains unchanged;

(c)

in sub-paragraph (2)(a) for “£92.00” substitute “£97.00”;

(d)

in sub-paragraph (2)(b)—

(i)

for “£92.00” substitute “£97.00”;

(ii)

for “£137.00” substitute “£144.00”;

(iii)

“£17.00” remains unchanged;

(e)

in sub-paragraph (2)(c)—

(i)

for “£137.00” substitute “£144.00”;

(ii)

for “£177.00” substitute “£186.00”;

(iii)

“£23.35” remains unchanged;

(f)

in sub-paragraph (2)(d)—

(i)

for “£177.00” substitute “£186.00”;

(ii)

for “£235.00” substitute “£247.00”;

(iii)

“£38.20” remains unchanged; and

(g)

in sub-paragraph (2)(e)—

(i)

for “£235.00” substitute “£247.00”;

(ii)

for “£293.00” substitute “£308.00”;

(iii)

“£43.50” remains unchanged.

(8)

Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5f6 (applicable amounts in special cases)—

(a)

which are amended by this Order shall be as set out in Part I of Schedule 17 to this Order; and

(b)

which are not increased by this Order are the sums set out in Part II of that Schedule.

(9)

Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5Af7 (applicable amounts of joint-claim couples in special cases)—

(a)

which are amended by this Order shall be as set out in Part I of Schedule 18 to this Order; and

(b)

which are not increased by this Order are the sums set out in Part II of that Schedule.

(10)

In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.65” substitute “£9.80”.

(11)

The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 19 to this Order are the sums set out in column (2) of that Schedule.

25The Prescribed Sum for Jobseeker’s Allowance

In regulation 172 of the Jobseeker’s Allowance Regulationsf1 (trade disputes: prescribed sum) for “£29.50” substitute “£30.00”.

26State Pension Credit

(1)

The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in the following provisions of this article and Schedule 20 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the State Pension Credit Regulations bearing that number.

(2)

In regulation 6f1 (amount of the guarantee credit)—

(a)

in paragraph (1)(a) for “£155.80” substitute “£160.95”;

(b)

in paragraph (1)(b) for “£102.10” substitute “£105.45”;

(c)

in paragraph (5)(a) for “£42.95” substitute “£44.15”;

(d)

in paragraph (5)(b) for “£85.90” substitute “£88.30”; and

(e)

in paragraph (8) for “£25.10” substitute “£25.55”.

(3)

In regulation 7 (savings credit)—

(a)

in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and

(b)

in paragraph (2)f2 for “£77.45” and “£123.80” substitute “£79.60” and “£127.25” respectively.

(4)

In paragraph 14 of Schedule IIf3 (persons residing with the claimant)—

(a)

in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)

in sub-paragraph (1)(b) and (c) “£7.40” remains unchanged;

(c)

in sub-paragraph (2)(a) for “£92.00” substitute “£97.00”;

(d)

in sub-paragraph (2)(b) for “£92.00” and “£137.00” substitute “£97.00” and “£144.00” respectively and “£17.00” remains unchanged;

(e)

in sub-paragraph (2)(c) for “£137.00” and “£177.00” substitute “£144.00” and “£186.00” respectively and “£23.35” remains unchanged;

(f)

in sub-paragraph (2)(d) for “£177.00” and “£235.00” substitute “£186.00” and “£247.00” respectively and “£38.20” remains unchanged; and

(g)

in sub-paragraph (2)(e) for “£235.00” and “£293.00” substitute “£247.00” and “£308.00” respectively and “£43.50” remains unchanged.

(5)

In Schedule III—

(a)

in paragraph 1 (polygamous marriages)—

(i)

in sub-paragraph (5) for “£155.80” and “£53.70” substitute “£160.95” and “£55.50” respectively;

(ii)

in sub-paragraph (7) for “£123.80” substitute “£127.25”; and

(b)

in paragraph 2(2)(a)f4 (further provisions in the case of patients) “20 per cent.” remains unchanged.

(6)

The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 20 to this Order are the amounts set out in column (2) of that Schedule.

27Revocation

The Social Security Benefits Up-rating Order 2003f1 is hereby revoked.

Signature

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

Minister of State,

Department for Work and Pensions

2004

We consent,

Two of the Lords Commissioners of Her Majesty’s Treasury

2004

Schedule 1PROVISIONS OF SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER

SCHEDULE 4

RATES OF BENEFITS, ETC.

PART I

CONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate
2

Short-term incapacity benefit.f1

(a)

lower rate

(b)

higher rate

£55.90

£66.15

2A

Long-term incapacity benefit.

£74.15
5

Category B retirement pension where section 48A(3) applies.

£47.65
6

Child’s special allowance.

£11.35

PART II

BEREAVEMENT PAYMENT

Bereavement payment.f2£2,000.00

PART III

NON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate
1

Attendance allowance.

(a)

higher rate

(b)

lower rate

£58.80

£39.35

(the appropriate rate being determined in accordance with section 65(3)).
2

Severe disablement allowance.

£44.80
3

Age related addition.

(a)

higher rate

(b)

middle rate

(c)

lower rate

£15.55

£10.00

£5.00

(the appropriate rate being determined in accordance with section 69(1)).
4

Carer’s allowance.f3

£44.35
6

Category C retirement pension.

(a)

lower rate

(b)

higher rate

£28.50

£47.65

(the appropriate rate being determined in accordance with section 78(5)).
7

Category D retirement pension.

The higher rate for Category C retirement pensions under paragraph 6 above.
8

Age addition (to a pension of any category, and otherwise under section 79).

£0.25

PART IV

INCREASES FOR DEPENDANTS

Benefit to which increase applies (1)f4Increase for qualifying child (2)Increase for adult dependant (3)
££
1A

Short-term incapacity benefit—

(a)

where the beneficiary is under pensionable age

(b)

where the beneficiary is over pensionable age

11.35

11.35

34.60

42.65

2

Long-term incapacity benefit

11.3544.35
3

Maternity allowance

—34.60
4

Widowed mother’s allowance

11.35—
4A

Widowed parent’s allowance

11.35—
5

Category A or B retirement pension

11.3547.65
6

Category C retirement pension

11.3528.50
7

Child’s special allowance

11.35—
8

Severe disablement allowance

11.3526.65
9

Carer’s allowance

11.3526.50

PART V

RATES OF INDUSTRIAL INJURIES BENEFIT

Description of benefit, etc.Rate
1

Disablement pension (weekly rates).

For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table, using—

  1. (a)

    column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a child or adult dependant;

  2. (b)

    column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled;

    TABLE

    Degree of DisablementAmount
    (1)(2)(3)
    Per cent.££
    100120.1073.55
    90108.0966.20
    8096.0858.84
    7084.0751.49
    6072.0644.13
    5060.0536.78
    4048.0429.42
    3036.0322.07
    2024.0214.71
2

Maximum increase of weekly rate of disablement pension where constant attendance needed.

(a)

except in cases of exceptionally severe disablement £48.10

(b)

in any case £96.20

3

Increase of weekly rate of disablement pension (exceptionally severe disablement).

£48.10
4

Maximum of aggregate of weekly benefit payable for successive accidents.

(a)

for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a child or adult dependant £120.10

(b)

for any period during which the beneficiary is not over the age of 18 and not so entitled £73.55

5

Unemployability supplement under paragraph 2 of Schedule 7.

£74.15
6

Increase under paragraph 3 of Schedule 7 of weekly rate of unemployability supplement.

(a)

if on the qualifying date the beneficiary was under the age of 35 or if that date fell before5th July 1948 £15.55

(b)

if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979 £15.55

(c)

if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 £10.00

(d)

if heads (a), (b) and (c) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979 £10.00

(e)

in any other case £5.00

7

Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension.

£11.35
8

Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension.

£44.35
9

Maximum disablement gratuity under paragraph 9 of Schedule 7.

£7,980.00
10

Widow’s pension (weekly rates).

(a)

initial ratef5 £57.65

(b)

higher permanent rate £79.60

(c)

lower permanent rate 30 per cent. of the first sum specified in section 44(4) (Category A basic retirement pension) (the appropriate rate being determined in accordance with paragraph 16 of Schedule 7).

11

Widower’s pension (weekly rate).

£79.60
12

Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7.

In respect of each qualifying child £11.35

Schedule 2PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2

APPLICABLE AMOUNTS

PART I

PERSONAL 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 CoupleAmount
(1)

Single claimant aged—

(a)

except where head (b) or (c) of this sub-paragraph applies, less than 18;

(b)

less than 18 who falls within any of the circumstances specified in paragraph 1A;

(c)

less than 18 who satisfies the condition in paragraph 11(a);

(d)

not less than 18 but less than 25;

(e)

not less than 25.

(1)
(a)

£33.50;

(b)

£44.05;

(c)

£44.05;

(d)

£44.05;

(e)

£55.65.

(2)

Lone parent aged—

(a)

except where head (b) or (c) of this sub-paragraph applies, less than 18;

(b)

less than 18 who falls within any of the circumstances specified in paragraph 1A;

(c)

less than 18 who satisfies the condition in paragraph 11(a);

(d)

not less than 18.

(a)

£33.50;

(b)

£44.05;

(c)

£44.05;

(d)

£55.65.

(3)

Couple—

(a)

where both members are aged less than 18 and—

(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

(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);

(a)

£66.50;

(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)

£44.05;

(c)

where both members are aged less than 18 and heads (a) and (b) do not apply;

(c)

£33.50;

(d)

where both members are aged not less than 18;

(d)

£87.30;

(e)

where one member is aged not less than 18 and the other member is a person under 18 who—

(i)

qualifies for income support under regulation 4ZA, 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);

(e)

£87.30;

(f)

where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who—

(i)

would not qualify for income support under regulation 4ZA 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);

(f)

£44.05;

(g)

where the claimant is aged not less than 25 and his partner is a person under 18 who—

(i)

would not qualify for income support under regulation 4ZA 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)

£55.65.
2
(1)

The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

(1)(2)
Child or Young PersonAmount

Person in respect of the period—

  1. (a)

    beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

  2. (b)

    beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)

£42.27.

(a)

£42.27;

Schedule 3PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

PART IV

WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

(1)(2)
PremiumAmount
15

—

(1A)

Bereavement Premium.

(1A)

£23.95.

(2)

Pensioner premium for persons to whom paragraph 9 applies.

(2)

£73.65.

(2A)

Pensioner premium for persons to whom paragraph 9A applies.

(2A)

£73.65.

(3)

Higher pensioner premium for persons to whom paragraph 10 applies.

(3)

£73.65.

(4)

Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 11(a);

(b)

where the claimant satisfies the condition in paragraph 11(b).

(4)
(a)

£23.70;

(b)

£33.85.

(5)

Severe Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 13(2)(a);

(b)

where the claimant satisfies the condition in paragraph 13(2)(b)—

(i)

if there is someone in receipt of a carer’s allowancef1 or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

(ii)

if no-one is in receipt of such an allowance.

(5)
(a)

£44.15;

(b)
(i)

£44.15;

(ii)

£88.30.

(6)

Disabled Child Premium.

(6)

£42.49 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(7)

Carer Premium.

(7)

£25.55 in respect of each person who satisfied the condition specified in paragraph 14ZA.

(8)

Enhanced disability premium where the conditions in paragraph 13A are satisfied.

(8)
(a)

£17.08 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)

£11.60 in respect of each person who is neither—

(i)

a child or young person; nor

(ii)

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

(c)

£16.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

IPROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS WHICH ARE AMENDED BY THIS ORDER

(1)(2)

Patients

1

Subject to paragraphs 2, 2A, and 3, a person who has been a patient for a period of more than 52 weeks and who is—

1

(b)

a lone parent;

(b)

£19.90 plus any amounts applicable to him under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2 (applicable amounts);

(c)

a member of a couple—

(i)

where only one of the couple is a patient or, where both members of the couple are patients but only one has been a patient for that period;

(ii)

where both members of the couple have been a patient for that period;

(c)
(i)

the amount applicable in respect of both of them under regulation 17(1) reduced by £15.90;

(ii)

£39.80 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2;

(d)

a member of a polygamous marriage—

(i)

where at least one member of the polygamous marriage is not a patient or has not been a patient for more than that period;

(ii)

where all the members of the polygamous marriage have been patients for more than that period.

(d)
(i)

the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £15.90 in respect of each such member who is a patient;

(ii)

the applicable amount shall be £19.90 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h) or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.

2

A single claimant who has been a patient for a continuous period of more than 52 weeks, where—

(a)

the following conditions are satisfied—

(i)

a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987f1 (persons unable to act); and

(ii)

his income support is payable to an administrative officer of the hospital or other institution either as or at the request of the person so appointed; and

(iii)

a registered medical practitioner treating him certifies that all or part of his income support cannot be used by him or on his behalf; or

(b)

those conditions are not satisfied.
  1. (a)

    Such amount (if any) not exceeding £15.90 as is reasonable having regard to the views of the hospital staff and the patient’s relatives if available as to the amount necessary for his personal use;

  2. (b)

    £15.90.

2A

A single claimant who is detained under the provisions of the Mental Health Act 1983f2 or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984f3 or the Criminal Procedure (Scotland) Act 1995f4 and who immediately before his detention under any of those Acts was a prisoner.

2A

£15.90.

3

Subject to paragraph 18—

(a)

a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or

(b)

where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.
  1. (a)

    The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.90 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

  2. (b)

    the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.90 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 7Specified Sum
7

Members of religious orders

Nil
8

Prisoners

Nil
17

Person from abroad

Nil

Schedule 5OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

(1)(2)
Provision in Income Support RegulationsSpecified Sum
Regulation 22A(1)f1Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Regulation 71(1)(a)(i)f290 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 71(1)(d)90 per cent. of the applicable amount.
Schedule 3f3, paragraph 5(3)

The relevant fraction shall be obtained in accordance with the formula—

AA+B
Schedule 3, paragraph 6(1)(b)f4Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).
Schedule 3, paragraph 6(1)(c)Nil.
Schedule 3, paragraph 7(8)100 per cent. of eligible interest.
Schedule 3, paragraph 8(1)(b)Nil.
Schedule 3, paragraph 10f5

The weekly amount of housing costs is the amount calculated by the formula—

A×B52
Schedule 3, paragraph 11(5)£100,000.
Schedule 3, paragraph 11(7)(a)The appropriate amount shall be a sum determined by applying the formula P×Q.
Schedule 3, paragraph 11(11)f6

The qualifying portion of a loan shall be determined by the formula—

R×ST
Schedule 3, paragraph 12(1)(a)f75.07 per cent.
Schedule 3, paragraph 12(2) and (3)5 per cent.

Schedule 6PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2

APPLICABLE AMOUNTS

PART I

PERSONAL ALLOWANCES

1

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 16(a) and 17(a) and (b)—

(1)(2)
Person or CoupleAmount
(1)

Single claimant aged—

(b)

less than 25;

(c)

not less than 25.

(1)
(b)

£44.05;

(c)

£55.65.

(2)

Lone parent aged—

(a)

less than 18;

(b)

not less than 18.

(2)
(a)

£44.05;

(b)

£55.65.

(3)

Couple—

(a)

where both members are aged less than 18;

(b)

where at least one member is aged not less than 18.

(3)
(a)

£66.50;

(b)

£87.30.
2
(1)

The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 16(b) and 17(c)—

(1)(2)
Child or Young PersonAmount

Person in respect of the period—

  1. (a)

    beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

  2. (b)

    beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
  1. (a)

    £42.27;

  2. (b)

    £42.27.

Schedule 7PART IV OF SCHEDULE 2 TO THE HOUSING BENEFITREGULATIONS AS AMENDED BY THIS ORDER

PART IV

AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
15
(1A)

Bereavement Premium.

(1A)

£23.95.

(2)

f1 Pensioner Premium for persons aged under 75—

(a)

where the claimant satisfies the condition in paragraph 9(a);

(b)

where the claimant satisfies the condition in paragraph 9(b).

2
(a)

£49.80;

(b)

£73.65.

(2A)

Pensioner Premium for persons aged 75 and over—

(a)

where the claimant satisfies the condition in paragraph 9A(a);

(b)

where the claimant satisfies the condition in paragraph 9A(b).

2A
(a)

£49.80;

(b)

£73.65.

(3)

Higher Pensioner Premium—

(a)

where the claimant satisfies the condition in paragraph 10(1)(a) or (b);

(b)

where the claimant satisfies the condition in paragraph 10(2)(a) or (b).

3
(a)

£49.80;

(b)

£73.65.

(4)

Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 11(a);

(b)

where the claimant satisfies the condition in paragraph 11(b).

4
(a)

£23.70;

(b)

£33.85.

(5)

Severe Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 13(2)(a);

(b)

where the claimant satisfies the condition in paragraph 13(2)(b)—

(i)

in a case where there is someone in receipt of a carer’s allowancef2 or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

(ii)

in a case where there is no-one in receipt of such an allowance.

5
(a)

£44.15;

(b)
(i)

£44.15;

(ii)

£88.30.

(6)

Disabled Child Premium.

6

£42.49 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied.

(7)

Carer Premiumf3.

7

£25.55 in respect of each person who satisfies the condition specified in paragraph 14ZA.

(9)

Enhanced disability premium where the conditions in paragraph 13A are satisfied.

(9)
(a)

£17.08 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)

£11.60 in respect of each person who is neither—

(i)

a child or young person; nor

(ii)

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

(c)

£16.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

Schedule 8PART I OF SCHEDULE 2A TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2A

APPLICABLE AMOUNTS FOR PERSONS WHO HAVE ATTAINED OR WHOSE PARTNER HAS ATTAINED THE QUALIFYING AGE FOR STATE PENSION CREDIT

PART I

PERSONAL ALLOWANCES

1

The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 16—

(1)(2)
Person, couple or polygamous marriageAmount
(1)

Single claimant—

(a)

aged under 65;

(b)

aged 65 or over.

(1)
(a)

£105.45;

(b)

£121.00.

(2)

Couple—

(a)

both members aged under 65;

(b)

one member or both members aged 65 or over.

(2)
(a)

£160.95;

(b)

£181.20.

(3)

If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—

(a)

for the claimant and the other party to the marriage;

(b)

for each additional spouse who is a member of the same household as the claimant.

(3)
(a)

£160.95;

(b)

£55.50.

(4)

If the claimant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over—

(a)

for the claimant and the other party to the marriage;

(b)

for each additional spouse who is a member of the same household as the claimant.

(4)
(a)

£181.20;

(b)

£60.20.
2
(1)

The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 16(1)(b)—

(1)(2)
Child or young personAmount

Person in respect of the period—

  1. (a)

    beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

  2. (b)

    beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

£42.27;

£42.27.
(2)

In column (1) of the Table above, “the first Monday in September” means the Monday which first occurs in the month of September in any year.

Schedule 9PART IV OF SCHEDULE 2A TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2A

APPLICABLE AMOUNTS FOR PERSONS WHO HAVE ATTAINED OR WHOSE PARTNER HAS ATTAINED THE QUALIFYING AGE FOR STATE PENSION CREDIT

PART IV

AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Premium Amount
12

—

(1)

Severe disability premium—

(a)

where the claimant satisfies the condition in paragraph 6(2)(a);

(b)

where the claimant satisfies the condition in paragraph 6(2)(b)—

(i)

in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);

(ii)

in a case where there is no-one in receipt of such an allowance.

(1)
(a)

£44.15;

(b)
(i)

£44.15;

(ii)

£88.30.

(2)

Enhanced disability premium.

(2)

£17.08 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.

(3)

Disabled child premium.

(3)

£42.49 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.

(4)

Carer premium.

(4)

£25.55 in respect of each person who satisfies the condition specified in paragraph 9.

Schedule 10PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

APPLICABLE AMOUNTS

PART I

PERSONAL ALLOWANCES

1

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 8(a) and 9(a) and (b)—

(1)(2)
Person or CoupleAmount
(1)

Single claimant aged—

(a)

not less than 18 but less than 25;

(b)

not less than 25.

(1)
(a)

£44.05

(b)

£55.65

(2)

Lone parent.

(2)

£55.65

(3)

Couple.

(3)

£87.30
2
(1)

The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 8(b) and 9(c)—

(1)(2)
Child or Young PersonAmount

Person in respect of the period—

  1. (a)

    beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

  2. (b)

    beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
  1. (a)

    £42.27

  2. (b)

    £42.27

Schedule 11PART IV OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1

APPLICABLE AMOUNTS

PART IV

AMOUNT OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
19
(1A)

Bereavement Premium.

(1A)

£23.95.

(2)

Pensioner Premium for persons under 75—

(a)

where the claimant satisfies the condition in paragraph 9(a);

(b)

where the claimant satisfies the condition in paragraph 9(b).

(2)
(a)

£49.80

(b)

£73.65

(3)

Pensioner Premium for persons 75 or over—

(a)

where the claimant satisfies the condition in paragraph 10(a);

(b)

where the claimant satisfies the condition in paragraph 10(b).

(3)
(a)

£49.80

(b)

£73.65

(4)

Higher Pensioner Premium—

(a)

where the claimant satisfies the condition in paragraph 11(1)(a) or (b);

(b)

where the claimant satisfies the condition in paragraph 11(2)(a) or (b).

(4)
(a)

£49.80

(b)

£73.65

(5)

Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 12(a);

(b)

where the claimant satisfies the condition in paragraph 12(b).

(5)
(a)

£23.70

(b)

£33.85

(6)

Severe Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 14(2)(a);

(b)

where the claimant satisfies the condition in paragraph 14(2)(b)—

(i)

in a case where there is someone in receipt of a carer’s allowancef1 or if he or any partner satisfies that condition only by virtue of paragraph 14(3A);

(ii)

in a case where there is no-one in receipt of such an allowance.

(6)
(a)

£44.15

(b)
(i)

£44.15

(ii)

£88.30

(7)

Disabled Child Premium.

(7)

£42.49 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied.

(8)

Carer Premium.

(8)

£25.55 in respect of each person who satisfies the condition specified in paragraph 16.

(9)

Enhanced disability premium where the conditions in paragraph 14A are satisfied.

(9)
(a)

£17.08 in respect of each child or young person in respect of whom the conditions specified in paragraph 14A are satisfied;

(b)

£11.60 in respect of each person who is neither—

(i)

a child or young person; nor

(ii)

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 14A are satisfied;

(c)

£16.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 14A are satisfied in respect of a member of that couple or polygamous marriage.

Schedule 12PART I OF SCHEDULE 1A TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1A

APPLICABLE AMOUNTS FOR THOSE WHO HAVE ATTAINED OR WHOSE PARTNER HAS ATTAINED THE QUALIFYING AGE FOR STATE PENSION CREDIT

PART I

PERSONAL ALLOWANCES

1

The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 8—

(1)(2)
Person, couple or polygamous marriageAmount
(1)

Single claimant—

(a)

aged under 65;

(b)

aged 65 or over.

(1)
(a)

£105.45;

(b)

£121.00.

(2)

Couple—

(a)

both members aged under 65;

(b)

one member or both members aged 65 or over.

(2)
(a)

£160.95;

(b)

£181.20.

(3)

If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—

(a)

for the claimant and the other party to the marriage;

(b)

for each additional spouse who is a member of the same household as the claimant.

(3)
(a)

£160.95;

(b)

£55.50.

(4)

If the claimant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over—

(a)

for the claimant and the other party to the marriage;

(b)

for each additional spouse who is a member of the same household as the claimant.

(4)
(a)

£181.20;

(b)

£60.20.
2
(1)

The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 8(1)(b)—

(1)(2)
Child or young personAmount

Person in respect of the period—

  1. (a)

    beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

  2. (b)

    beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

£42.27;

£42.27.
(2)

In column (1) of the Table above, “the first Monday in September” means the Monday which first occurs in the month of September in any year.

Schedule 13PART IV OF SCHEDULE 1A TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1A

APPLICABLE AMOUNTS FOR THOSE WHO HAVE ATTAINED OR WHOSE PARTNER HAS ATTAINED THE QUALIFYING AGE FOR STATE PENSION CREDIT

PART IV

AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
12

—

(1)

Severe disability premium—

(a)

where the claimant satisfies the condition in paragraph 6(2)(a);

(b)

where the claimant satisfies the condition in paragraph 6(2)(b)—

(1)
(a)

£44.15;

(b)

(i)

in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);

(ii)

in a case where there is no-one in receipt of such an allowance.

(i)

£44.15;

(ii)

£88.30.

(2)

Enhanced disability premium.

(2)

£17.08 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.

(3)

Disabled child premium.

(3)

£42.49 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.

(4)

Carer premium.

(4)

£25.55 in respect of each person who satisfies the condition specified in paragraph 9.

Schedule 14PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1

APPLICABLE AMOUNTS

PART I

PERSONAL 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 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages).

(1)(2)
Person or CoupleAmount
(1)

Single claimant aged—

(a)

except where head (b) or (c) of this sub-paragraph applies, less than 18;

(b)

less than 18 who falls within paragraph (2) of regulation 57 and who—

(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(a) of Part 3;

(d)

not less than 18 but less than 25;

(e)

not less than 25.

1
(a)

£33.50

(b)

£44.05

(c)

£44.05

(d)

£44.05

(e)

£55.65

(2)

Lone parent aged—

(a)

except where head (b) or (c) of this sub-paragraph applies, less than 18;

(b)

less than 18 who falls within paragraph (2) of regulation 57 and who—

(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(a) of Part 3;

(d)

not less than 18.

2
(a)

£33.50

(b)

£44.05

(c)

£44.05

(d)

£55.65

(3)

Couple—

(a)

where both members are aged less than 18 and—

(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 other than the requirement to make a claim for it; or

(iv)

they are married 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 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 other than the requirement to make a claim for it;

(a)

£66.50

(b)

where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either—

(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;

(b)

£44.05

(c)

where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple—

(i)

is a person to whom regulation 59, 60 or 61 applies; or

(ii)

is the subject of a direction under section 16;

(c)

£33.50

(d)

where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);

(d)

£44.05

(e)

where both members are aged not less than 18;

(e)

£87.30

(f)

where one member is aged not less than 18 and the other member is a person under 18 who—

(i)

is a person to whom regulation 59, 60 or 61 applies; or

(ii)

is the subject of a direction under section 16; and

(iii)

satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

(f)

£87.30

(g)

where one member is aged not less than 18 but less than 25 and the other member is a person under 18—

(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 disregarding the requirement to make a claim for it;

(g)

£44.05

(h)

where one member is aged not less than 25 and the other member is a person under 18—

(i)

to whom none of the regulations 59 to 61 applies; or

(ii)

is not the subject of a direction under section 16; and

(iii)

does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.

(h)

£55.65
2
(1)

The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

(1)(2)
Child or Young PersonAmount

Person in respect of the period—

  1. (a)

    beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

  2. (b)

    beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
  1. (a)

    £42.27

(b)

£42.27

Schedule 15PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IV

WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
20

—

(1A)

Bereavement Premium.

(1A)

£23.95.

(2)

Pensioner premium for persons aged over 60—

(a)

where the claimant satisfies the condition in paragraph 10(a);

(b)

where the claimant satisfies the condition in paragraph 10(b);

(c)

where the claimant satisfies the condition in paragraph 10(c).

(2)
(a)

£49.80.

(b)

£73.65.

(c)

£73.65.

(3)

Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.

(3)

£73.65.

(4)

Higher Pensioner Premium—

(a)

where the claimant satisfies the condition in paragraph 12(1)(a);

(b)

where the claimant satisfies the condition in paragraph 12(1)(b) or (c).

(4)
(a)

£49.80.

(b)

£73.65.

(5)

Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 13(a);

(b)

where the claimant satisfies the condition in paragraph 13(b) or (c).

(5)
(a)

£23.70.

(b)

£33.85.

(6)

Severe Disability Premium—

(a)

where the claimant satisfies the condition in paragraph 15(1);

(b)

where the claimant satisfies the condition in paragraph 15(2)—

(i)

if there is someone in receipt of a carer’s allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);

(ii)

if no-one is in receipt of such an allowance.

(6)
(a)

£44.15.

(b)
(i)

£44.15.

(ii)

£88.30.

(7)

Disabled Child Premium.

(7)

£42.49 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.

(8)

Carer Premium.

(8)

£25.55 in respect of each person who satisfied the condition specified in paragraph 17.

(9)

Enhanced disability premium where the conditions in paragraph 15A are satisfied.

(9)
(a)

£17.08 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;

(b)

£11.60 in respect of each person who is neither—

(i)

a child or young person; nor

(ii)

a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 15A are satisfied;

(c)

£16.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.

Schedule 16PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IVB

WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

PremiumAmount
20M

—

(1)

Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.

(1)

£73.65.

(2)

Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.

(2)

£73.65.

(3)

Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G.

(3)

£33.85.

(4)

Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—

(i)

if there is someone in receipt of a carer’s allowance or if either member satisfies that condition only by virtue of paragraph 20I(4);f2

(ii)

if no-one is in receipt of such an allowance.

(4)
(i)

£44.15.

(ii)

£88.30.

(5)

Carer Premium.

(5)

£25.55 in respect of each person who satisfied the condition specified in paragraph 20J.

(6)

Enhanced disability premium where the conditions in paragraph 20IA are satisfied.

(6)

£16.75 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

Schedule 17JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES

PART I

PROVISIONS IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS WHICH ARE AMENDED BY THIS ORDER

Column (1)Column (2)

Person other than claimant who is a patient

1

Subject to paragraphs 2 and 15, a person who has been a patient for more than 52 weeks and who is—

(a)

a member of a couple and the other member is the claimant, or

(b)

a member of a polygamous marriage and the claimant is a member of the marriage but not a patient.

1
(a)

the applicable amount for a couple under regulation 83 reduced by £15.90;

(b)

the applicable amount under regulation 84 (polygamous marriages) reduced by £15.90 in respect of each member who is a patient.

2
(a)

A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or

(b)

where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks.

2
(a)

the amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.90 instead of an amount determined in accordance with paragraph 2 of Schedule 1; or

(b)

the amount applicable to him under paragraph 1 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £15.90 instead of an amount determined in accordance with paragraph 2 of Schedule 1.

PART II

OTHER SUMS SPECIFIED IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

Paragraph in Schedule 5Specified Sum
4

Members of religious orders

Nil
14

Person from abroad

Nil

Schedule 18JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES

PART I

PROVISIONS IN SCHEDULE 5A TO THE JOBSEEKER'S ALLOWANCE REGULATIONSf1 WHICH ARE AMENDED BY THIS ORDER

Column (1)Column (2)

Patients

1

A joint-claim couple where one member—

(a)

has been a patient for more than 52 weeks;

(b)

is a member of a polygamous marriage and another member of that marriage who is not a joint-claimant has been a patient for more than 52 weeks.

1
(a)

The applicable amount under regulation 86A reduced by £15.90;

(b)

The applicable amount under regulation 86B (polygamous marriages) reduced by £15.90 in respect of each member of the polygamous marriage who is a patient.

PART II

OTHER SUMS SPECIFIED IN SCHEDULE 5A TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

Column (1)Column (2)
3

Members of Religious Orders

3

Nil.

6

Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation

6

£77.45 and £17.50.

Schedule 19OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS

Provision in Jobseeker’s Allowance RegulationsSpecified Sum
Regulation 145(1)f1Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 146G(1)f2Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 148(1)(a)(i)90 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount.
Regulation 148(1)(d)90 per cent. of the applicable amount.
Regulation 148A(1)(a)(i)f390 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount.
Regulation 148A(1)(d)90 per cent. of the applicable amount.
Schedule 2, paragraph 5(3)The relevant fraction shall be obtained in accordance with the formula— AA+B
Schedule 2, paragraph 6(1)(b)Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).
Schedule 2, paragraph 6(1)(c)Nil.
Schedule 2, paragraph 7(1)(b)Nil.
Schedule 2, paragraph 9f4The weekly amount of housing costs is the amount calculated by the formula— A×B52
Schedule 2, paragraph 10(4)£100,000.
Schedule 2, paragraph 10(6)(a)The appropriate amount shall be a sum determined by applying the formula— P×Q
Schedule 2, paragraph 10(10)The qualifying portion of a loan shall be determined by the formula— R×ST
Schedule 2, paragraph 11(2) and (3)f55 per cent.

Schedule 20OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

Provision in State Pension Credit RegulationsSpecified Amount
Regulation 6(3)(a)Nil.
Regulation 6(3)(b)Nil.
Regulation 7(3)Nil.
Schedule II, paragraph 6(3)The relevant fraction of the applicable amount is the amount calculated by the formula— AA+B
Schedule II, paragraph 7(1)The weekly amount of housing costs shall be calculated by applying the formula— A×B52
Schedule II, paragraph 8(2)£100,000.
Schedule II, paragraph 8(4)(a)The sum shall be determined by applying the formula— P×Q
Schedule II, paragraph 8(8)The qualifying portion of a loan shall be determined by applying the formula— R×ST
Schedule II, paragraph 9(2) and (3)5 per cent.

Explanatory note

(This note is not part of the Order)

This Order is made as a consequence of a review under section 150 of the Social Security Administration Act 1992 (“the Administration Act”) and includes details of the sums mentioned in that section.

Part II of the Order relates to social security benefits and pensions.

Article 3 and Schedule 1 alter the benefits and increases of benefits (excepting those referred to in article 3(2)) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”).

Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.

Article 5 increases the sums payable as part of a Category A or Category B retirement pension under sections 15(1) and 17(2) of the Pension Schemes Act 1993 (“the Pension Schemes Act”) on account of increases in guaranteed minimum pensions.

Article 6 specifies the dates from which the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are altered.

Article 7 increases the rates of certain workmen’s compensation and industrial injuries benefits in respect of employment before 5th July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the weekly rate of statutory sick pay.

Article 10 specifies the weekly rate of statutory maternity pay.

Article 11 specifies the weekly rates of statutory paternity pay and statutory adoption pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the rates of disability living allowance.

Article 14 increases the weekly rates of age addition to long-term incapacity benefit.

Article 15 increases the weekly rates of transitional invalidity allowance in long-term incapacity benefit cases.

Part III of the Order relates to income support, housing benefit and council tax benefit.

Article 16 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 16(3) and Schedule 2 set out the personal allowances; article 16(4) and (5) and Schedule 3 set out the premiums; article 16(7) and Schedule 4 set out the amounts relevant to special cases; and article 16(8) and Schedule 5 set out other miscellaneous amounts as in force on 4th February 2004.

Article 17 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 18 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 19 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 19(7) and Schedule 6 set out the personal allowances and article 19(8) and (9) and Schedule 7 set out the premiums.

Article 20 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit for certain persons over the qualifying age for state pension credit. Article 20(3) and Schedule 8 set out the personal allowances and article 20(5) and Schedule 9 set out the premiums.

Article 21 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit. Article 21(5) and Schedule 10 set out the personal allowances and article 21(6) and (7) and Schedule 11 set out the premiums.

Article 22 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit for certain persons over the qualifying age for state pension credit. Article 22(3) and Schedule 12 set out the personal allowances and article 22(5) and Schedule 13 set out the premiums.

Part IV of the Order relates to jobseeker’s allowance.

Article 23 increases the age-related amounts for contribution-based jobseeker’s allowance.

Article 24 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 24(3) and Schedule 14 set out the personal allowances; article 24(4) and (5) and Schedule 15 set out the premiums; article 24(6) and Schedule 16 set out the premiums for joint-claim couples; article 24(8) and Schedule 17 set out the amounts relevant to special cases; article 24(9) and Schedule 18 set out the amounts relevant to joint-claim special cases and article 24(11) and Schedule 19 set out other miscellaneous amounts.

Article 25 states the sum by which any jobseeker’s allowance of a person involved in a trade dispute is reduced.

Part V of the Order relates to state pension credit.

Article 26 and Schedule 20 specify the amounts relevant to state pension credit.

Part VI of the Order provides for the revocation of the Social Security Benefits Up-rating Order 2003 (S.I. 2003/526).

In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm 6117) giving his opinion on the likely effect on the National Insurance Fund of the making of this Order was laid before Parliament with the draft Order.

A full regulatory impact assessment has not been produced for this instrument as it has no new impact on the costs of business.