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The Social Security Benefits Up-rating Order 2005

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

Draft 2005, ISBN 0110518055

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 2005

Coming into force in accordance with article 1

Whereas, it appeared to the Secretary of State for Work and Pensions, having made a review under section 150(1) of the Social Security Administration Act 1992f1, 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, 151f4 and 189(1), (4) and (5)f5 of the Social Security Administration Act 1992, and of all other powers enabling him in that behalf, 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), paragraphs 23 and 24 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”), paragraphs 8 and 16 of Schedule 2 to the State Pension Credit Act 2002 (c. 16) (“the 2002 Act”), paragraph 35 of Schedule 3, and Schedule 6, to the Tax Credits Act 2002 (c. 21) (“the Tax Credits Act”) and paragraphs 8 and 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.

f4

Section 151 was amended by paragraph 29 of Schedule 8 to the 1993 Act and section 130(2) of the Pensions Act 1995.

f5

Section 189 was amended by paragraph 109 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14) (“the 1998 Act”). Subsection (1) was also amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act.

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation, commencement and effect
  3. 2Interpretation
  4. Part 2: 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 and 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 3: 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 4: 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 5: STATE PENSION CREDIT
  31. 26State Pension Credit
  32. Part 6: REVOCATION
  33. 27Revocation
  34. Signature
  35. Schedule 1PROVISIONS OF SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER
  36. Schedule 2PROVISIONS OF PART 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 6PROVISIONS OF PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  43. Schedule 7PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  44. Schedule 8PROVISIONS OF PART 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 10PROVISIONS OF PART 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 12PROVISIONS OF PART 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 14PROVISIONS OF PART 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 17: JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES
  54. IPROVISIONS IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS WHICH ARE AMENDED BY THIS ORDER
  55. IIOTHER SUMS SPECIFIED IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS
  56. Schedule 18: JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES
  57. IPROVISIONS IN SCHEDULE 5A TO THE JOBSEEKER'S ALLOWANCE REGULATIONS WHICH ARE AMENDED BY THIS ORDER
  58. IIOTHER SUMS SPECIFIED IN SCHEDULE 5A TO THE JOBSEEKER'S ALLOWANCE REGULATIONS
  59. Schedule 19OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS
  60. Schedule 20OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS
  61. Explanatory note