OpenLegislation

The Social Security Benefits Up-rating Order 1996

S.I. 1996/599 · Made 6 March 1996

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.

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

Made 6th March 1996

Coming into force in accordance with article 1(2)

Whereas, the Secretary of State for Social Security having made a review under section 150(1) of the Social Security Administration Act 1992f1, a draft of the following Order was laid before Parliament in accordance with the provisions of section 150(2) and section 190(1)(a) of that Act and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Security, with the consent of the Treasuryf2, in exercise of the powers conferred upon him by sections 150 and 189(1), (3) and (4) 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. Section 150 was amended by paragraph 28(a) of Schedule 8 to the Pension Schemes Act 1993 (c. 48) and section 2(3) of the Social Security (Incapacity for Work) Act 1994 (c. 18).

f2

See section 189(8) of the Social Security Administration Act 1992 (c. 5).

Contents

  1. Part I: INTRODUCTION
  2. 1Citation and commencement
  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 benefit 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. 11Increase in rate of graduated retirement benefit
  14. 12Increase in rates of Disability Living Allowance
  15. 13Sum specified for child benefit
  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: FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
  19. 16Family Credit
  20. 17Disability Working Allowance
  21. 18Applicable amounts for Income Support
  22. 19Income Support Transitional Protection
  23. 20The Relevant Sum for Income Support
  24. 21Applicable amounts for Housing Benefit
  25. 22Applicable amounts for Council Tax Benefit
  26. Part IV: TRANSITIONAL PROVISIONS AND REVOCATIONS
  27. 23Transitional Provisions
  28. 24Revocations
  29. Signature
  30. Schedule 1SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER
  31. Schedule 2SCHEDULE 4 TO THE FAMILY CREDIT REGULATIONS AS AMENDED BY THIS ORDER
  32. Schedule 3SCHEDULE 5 TO THE DISABILITY WORKING ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
  33. Schedule 4PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
  34. Schedule 5PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
  35. Schedule 6: APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES
  36. Part I: provisions in schedule 4 to the income support regulations as amended by this order
  37. 6Residential care homes
  38. 7Nursing homes
  39. 11Nursing homes
  40. 13Nursing homes
  41. IIother sums specified in schedule 4 to the income support regulations
  42. Schedule 7: APPLICABLE AMOUNTS IN SPECIAL CASES
  43. Iprovisions in schedule 7 to the income support regulations as amended by this order
  44. IIother sums specified in schedule 7 to the income support regulations
  45. Schedule 8OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS
  46. Schedule 9PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  47. Schedule 10PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  48. Schedule 11PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  49. Schedule 12PART IV OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  50. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Social Security Benefits Up-rating Order 1996.

(2)

This Order shall come into force for the purposes of—

(a)

articles 1, 2, 22 and 24 on 1st April 1996;

(b)

article 9 on 6th April 1996;

(c)

article 10 on 7th April 1996;

(d)

articles 3 to 8, 11, 12 and 13 on 8th April 1996;

(e)

articles 14 and 15 on 11th April 1996;

(f)

articles 16, 17 and 23 on 9th April 1996;

(g)

articles 18, 19 and 20, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 8th April 1996, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

(h)

article 21(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 8th April 1996;

(i)

except in a case to which sub-paragraph (h) applies, article 21, on 1st April 1996.

(3)

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 on the date specified in relation to that case in article 6 of this Order.

2Interpretation

In this Order, unless the context otherwise requires—

  • “the Administration Act” means the Social Security Administration Act 1992f1;

  • “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 Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991f4;

  • “the Family Credit Regulations” means the Family Credit (General) Regulations 1987f5;

  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987f6;

  • “the Income Support Regulations” means the Income Support (General) Regulations 1987f7; and

  • “the Pension Schemes Act” means the Pension Schemes Act 1993f8.

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 as to have 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 (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79.

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

(1)

The sums specified in paragraphs (2), (3) and (4) 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 3.9 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 the sum of £56.45 there shall be substituted the sum of £58.65; and

(b)

for the sum of £58.85 there shall be substituted the sum of £61.15.

(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 1995/96;

(b)

the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); 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 1975f3 or section 63 of the Social Security Act 1986f4,

shall in each case be increased by 3.9 per cent. of their amount apart from this Order.

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

(1)

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) and (3)), shall be increased by—

(a)

3.9 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 yearsf1, and

(b)

0.9 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 1988—89 and subsequent tax yearsf2.

6Dates on which sums specified for rates or amounts of benefit 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 paragraph (10) 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, the increases in the sums specified in articles 3, 4 and 11 for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 8th April 1996.

(3)

In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit or short-term incapacity benefitf1 falls to be calculated in accordance with sections 25(5) or 30B(3)f2 of the Contributions and Benefits Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and Category B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 11th April 1996.

(4)

The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 8th April 1996.

(5)

The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowancef3, attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 8th April 1996.

(6)

The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 10th April 1996.

(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 50(2) of the Contributions and Benefits Actf4 by reference to the weekly rate of invalidity allowance or age addition to long term incapacity benefit to which he was previously entitled the increase in such sum shall take effect on 8th April 1996.

(8)

The increases in the sums specified for the rate of unemployment benefit, incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 11th April 1996.

(9)

The increase 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 10th April 1996.

(10)

In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (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.

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

In Schedule 8 to the Contributions and Benefits Act the sum of £35.25 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 10th April 1996 for that sum in paragraph 2(6)(c), and from and including 11th April 1996 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £36.60.

8Earnings Limits

In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £130 and the sums specified in paragraph (b) are £17 and £130 respectively.

9Statutory Sick Pay

In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) the sum specified is £54.55.

10Statutory Maternity Pay

In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986f1 (lower rate of statutory maternity pay) the sum specified is £54.55.

11Increase in rate of graduated retirement benefit

(1)

In the National Insurance Act 1965f1 the sum of 7.64 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.9 per cent.; and from and including 8th April 1996 the reference in that provision to that sum shall have effect as a reference to 7.94 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 3.9 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 1965f3 (additions for widows and widowers) shall be increased by 3.9 per cent. of their amount apart from this Order.

12Increase in rates of Disability Living Allowance

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

(a)

in sub-paragraph (a) of paragraph (1), for the sum of £46.70 there shall be substituted the sum of £48.50;

(b)

in sub-paragraph (b) of paragraph (1), for the sum of £31.20 there shall be substituted the sum of £32.40;

(c)

in sub-paragraph (c) of paragraph (1), for the sum of £12.40 there shall be substituted the sum of £12.90;

(d)

in sub-paragraph (a) of paragraph (2), for the sum of £32.65 there shall be substituted the sum of £33.90; and

(e)

in sub-paragraph (b) of paragraph (2), for the sum of £12.40 there shall be substituted the sum of £12.90.

13Sum specified for child benefit

In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976f1 (weekly rates of child benefit)—

(a)

in sub-paragraph (a) of paragraph (1), for the sum of £10.40 there shall be substituted the sum of £10.80;

(b)

in sub-paragraph (b) of paragraph (1), for the sum of £8.45 there shall be substituted the sum of £8.80; and

(c)

in paragraph (2), the sum specified is £6.30.

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

In the Social Security (Incapacity Benefit) Regulations 1994f1, in paragraph (2) of regulation 10—

(a)

in sub-paragraph (a), for the sum of £12.40 there shall be substituted the sum of £12.90; and

(b)

in sub-paragraph (b), for the sum of £6.20 there shall be substituted the sum of £6.45.

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

In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995f1, in paragraph (2) of regulation 18—

(a)

in sub-paragraph (a), for the sum of £12.40 there shall be substituted the sum of £12.90;

(b)

in sub-paragraph (b), for the sum of £7.80 there shall be substituted the sum of £8.10; and

(c)

in sub-paragraph (c), for the sum of £3.90 there shall be substituted the sum of £4.05.

16Family Credit

In the Family Credit Regulations—

(a)

in regulation 13(1)(c)f1, for the sum of £40 there shall be substituted the sum of £60;

(b)

in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000;

(c)

in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;

(d)

in regulation 47 (applicable amount), for the sum of £73.00 there shall be substituted the sum of £75.20;

(e)

in paragraph 19(b)f2 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25; and

(f)

in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order.

17Disability Working Allowance

In the Disability Working Allowance Regulations—

(a)

in regulation 15(1)(c)f1, for the sum of £40 there shall be substituted the sum of £60;

(b)

in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000;

(c)

in regulation 51 (4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;

(d)

in regulation 52(1) (applicable amount)—

(i)

in sub-paragraph (a), for the sum of £54.75 there shall be substituted the sum of £56.40;

(ii)

in sub-paragraph (b), for the sum of £73.00 there shall be substituted the sum of £75.20; and

(e)

in paragraph 19(b)f2 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25; and

(f)

in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this Order.

18Applicable amounts for Income Support

(1)

As from 8th April 1996 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 the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Income Support Regulations bearing that number.

(2)

In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c) (ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.

(3)

The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and those paragraphs in that Part of Schedule 2 where such a sum is specified shall have effect as set out in Schedule 4 to this Order.

(4)

In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.25 there shall be substituted the sum of £10.55.

(5)

The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 5 to this Order.

(6)

In paragraph 18(1) of Schedule 3f1 (housing costs: non-dependant deductions)—

(a)

in sub-paragraph (a) for the sum of £30.00 there shall be substituted the sum of £32.00; and

(b)

in sub-paragraph (b) for the sum of £5.00 there shall be substituted the sum of £6.00.

(7)

In paragraph 18(2) of Schedule 3 (non-dependant deductions)—

(a)

in sub-paragraph (a) for the sum of £74.00 there shall be substituted the sum of £76.00;

(b)

in sub-paragraph (b) for the sums £74.00, £111.00 and £10.00 there shall be substituted the sums £76.00, £114.00 and £12.00 respectively; and

(c)

in sub-paragraph (c) for the sums £111.00, £145.00 and £14.00 there shall be substituted the sums £114.00, £150.00 and £16.00 respectively.

(8)

In paragraph 6(2) of Schedule 4, for the sum of £227.00 there shall be substituted the sum of £234.00 and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order.

(9)

Except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this Order.

(10)

Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this Order.

(11)

Except as provided in paragraph (10) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.

(12)

The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.

(13)

In paragraph 19(b)f2 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25.

19Income Support Transitional Protection

Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987f1 shall be increased by 3.0 per cent. of their amount apart from this Order.

20The Relevant Sum for Income Support

In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £26.00.

21Applicable amounts for Housing 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 9 and 10 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 regulations of, or Schedules to, the Housing Benefit Regulations bearing that number.

(2)

In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.

(3)

In regulation 18(1) (patients)—

(a)

in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.70 there shall be substituted the sum of £15.30 in each case;

(b)

in sub-paragraphs (c)(i) and (d)(i), for the sum of £11.75 there shall be substituted the sum of £12.25 in each case; and

(c)

in sub-paragraph (c)(ii), for the sum of £29.40 there shall be substituted the sum of £30.60.

(4)

In regulation 21(1)(c)f1, for the sum of £40 there shall be substituted the sum of £60.

(5)

In regulation 63(1)f2 (non-dependant deductions)—

(a)

in sub-paragraph (a) for the sum of £30.00 there shall be substituted the sum of £32.00; and

(b)

in sub-paragraph (b) for the sum of £5.00 there shall be substituted the sum of £6.00.

(6)

In regulation 63(2)f3 (non-dependant deductions)—

(a)

in sub-paragraph (a) for the sum of £74.00 there shall be substituted the sum of £76.00; and

(b)

in sub-paragraph (b) for the sums £74.00, £111.00 and £10.00 there shall be substituted the sums £76.00, £114.00 and £12.00 respectively; and

(c)

in sub-paragraph (c) for the sums £111.00, £145.00 and £14.00 there shall be substituted the sums £114.00, £150.00 and £16.00 respectively.

(7)

In paragraph 1Af4 of Part I of Schedule 1 (ineligible service charges), for the sums £16.60, £16.60, £8.40, £11.00, £11.00, £5.55 and £2.00 there shall be substituted the sums £17.10, £17.10, £8.65, £11.35, £11.35, £5.70 and £2.05 respectively.

(8)

In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £9.25, £1.15, £0.80 and £1.15 respectively.

(9)

The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.

(10)

In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.25 there shall be substituted the sum of £10.55.

(11)

The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.

(12)

In paragraph 20(b)f5 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25.

22Applicable amounts for Council Tax Benefit

(1)

As from 1st April 1996 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 11 and 12 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 regulations of, or Schedules to, the Council Tax Benefit Regulations bearing that number.

(2)

In regulations 8(b), 9(c) and paragraph 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 the sum of £14.70 there shall be substituted the sum of £15.30 in each case;

(b)

in sub-paragraphs (c)(i), and (d)(i), for the sum of £11.75 there shall be substituted the sum of £12.25 in each case; and

(c)

in sub-paragraph (c)(ii), for the sum of £29.40 there shall be substituted the sum of £30.60.

(4)

In regulation 13(1)(c)f2, for the sum of £40 there shall be substituted the sum of £60.

(5)

In regulation 52 (non-dependant deductions)—

(a)

in paragraph (1)(a), for the sum of £2.30 there shall be substituted the sum of £2.60;

(b)

in paragraph (1)(b), for the sum of £1.15 there shall be substituted the sum of £1.30; and

(c)

in paragraph (2), for the sum of £111.00 there shall be substituted the sum of £114.00.

(6)

The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.

(7)

In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) for the sum of £10.25 there shall be substituted the sum of £10.55.

(8)

The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 12 to this Order.

(9)

In column 1 of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) for the sums £111.00, £111.00 and £145.00, there shall be substituted the sums £114.00, £114.00 and £150.00 respectivelyf3.

(10)

In paragraph 20(b)f4 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £9.20 there shall be substituted the sum of £9.25.

23Transitional Provisions

Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 9th April 1996, the rate at which it is payable shall be the weekly rate in force for the period prior to 9th April 1996 until the end of the period of entitlement.

24Revocations

The Social Security Benefits Up-rating Order 1995f1 is hereby revoked.

Signature

Signed by authority of the Secretary of State for Social Security.

Alistair Burt

Minister of State,

Department of Social Security

29th February 1996

We consent,

Simon Burns

Michael Bates

Two of the Lords Commissioners of Her Majesty’s Treasury

6th March 1996

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

SCHEDULE 4

RATES OF BENEFITS, ETC.

PART II

contributory periodical benefits

Description of benefitWeekly rate
1

Unemployment benefit.

£48.25
2

Short-term incapacity benefit.

(a)

lower rate…£46.15

(b)

higher rate…£54.55

2A

Long-term incapacity benefit.

£61.15
4

Maternity allowance (in cases not falling within section 35(1A)(a)).

£47.35
5

Category B retirement pension where section 50(1)(a)(i) applies.

£36.60
6

Child’s special allowance.

£11.15

PART II

WIDOW'S PAYMENT

Widow’s payment.£1,000.00

PART III

non-contributory periodical benefits

Description of benefitWeekly rate
1

Attendance allowance.

(a)

higher rate…£48.50

(b)

lower rate…£32.40

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

2

Severe disablement allowance.

£36.95
3

Age related addition.

(a)

higher rate… £12.90

(b)

middle rate…£8.10

(c)

lower rate…£4.05

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

4

Invalid care allowance.

£36.60
5

Guardian’s allowance.

£11.15
6

Category C retirement pension.

(a)

lower rate… £21.90

(b)

higher rate…£36.60

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

7

Category D retirement pension.

The higher rate for Category C retirement pension 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)Increase for qualifying child (2) £Increase for adult dependant (3) £
1

Unemployment benefitf1–

(a)

unemployment benefit, where the beneficiary is under pensionable age

—29.75
(b)

unemployment benefit, where the beneficiary is over pensionable age

11.1536.60
1A

Short-term incapacity benefit–

(a)

where the beneficiary is under pensionable age

11.1528.55
(b)

where the beneficiary is over pensionable age

11.1535.15
2

Long-term incapacity benefit

11.1536.60
3

Maternity allowance

—28.55
4

Widowed mother’s allowance

11.15—
5

Category A or B retirement pension

11.1536.60
6

Category C retirement pension

11.1521.90
7

Child’s special allowance

11.15—
8

Severe disablement allowance

11.1521.95
9

Invalid care allowance

11.1521.90

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) Per cent.(2) £(3) £
10099.0060.65
9089.1054.59
8079.2048.52
7069.3042.46
6059.4036.39
5049.5030.33
4039.6024.26
3029.7018.20
2019.8012.13
2

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

(a)

except in cases of exceptionally severe disablement…£39.70

(b)

in any case…£79.40

3

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

£39.70
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…£99.00

(b)

for any period during which the beneficiary is not over the age of 18 and not so entitled £60.65

5

Unemployability supplement under paragraph 2 of Schedule 7.

£61.15
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 before 5th July 1948…£12.90

(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…£12.90

(c)

if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45…£8.10

(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…£8.10

(e)

in any other case…£4.05

7

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

£11.15
8

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

£36.60
9

Maximum disablement gratuity under paragraph 9 of Schedule 7.

£6,580.00
10

Widow’s pension (weekly rates).

(a)

initial rate…f2£57.65

(b)

higher permanent rate…£61.15

(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).

£61.15
12

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

In respect of each qualifying child…£11.15

Schedule 2SCHEDULE 4 TO THE FAMILY CREDIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 4

DETERMINATION OF MAXIMUM FAMILY CREDIT: ADULT, CHILD AND YOUNG PERSON CREDITS

(1)(2)
Adult, child, young personAmount of Credit
1

Adult.

£46.45.
1A

In the case of an adult or adults to whom regulation 46(1)(aa) applies.

£10.30.
2

Child–

(a)

aged less than 11 years;

(a)

£11.75;

(b)

aged not less than 11 but less than 16 years.

(b)

£19.45.

3

Young person–

(a)

aged not less than 16 but less than 18 years;

(a)

£24.15;

(b)

aged not less than 18 but less than 19 years.

(b)

£33.80.

Schedule 3SCHEDULE 5 TO THE DISABILITY WORKING ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 5

DETERMINATION OF APPROPRIATE MAXIMUM DISABILITY WORKING ALLOWANCE

(1)(2)
Claimant, child or young personAmount of Allowance
1

Single claimant.

1

£48.25

2

Claimant who is a member of a married or unmarried couple, or is a lone parent.

">
2

£75.60

2A

In the case of a claimant to whom regulation 51(1)(bb) applies.

2A

£10.30

3

Child–

(a)

age less than 11 years;

3
(a)

£11.75;

(b)

aged not less than 11 but less than 16 years.

(b)

£19.45.

4

Young person–

(a)

aged not less than 16 but less than 18 years;

4
(a)

£24.15;

(b)

aged not less than 18 but less than 19 years.

(b)

£33.80.

5

Child or young person to whom regulation 51(1A) applies (disabled child or young person).

5

£20.40

Schedule 4PART 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;

(1)
(a)

£28.85;

(b)

less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–

(i)

is eligible for income support under regulation 13A; or

(ii)

is the subject of a direction under section 125(1) of the Contributions and Benefits Act;

(b)

£37.90;

(c)

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

(c)

£37.90;

(d)

not less than 18 but less than 25;

(d)

£37.90;

(e)

not less than 25.

(e)

£47.90.

(2)

Lone parent aged–

(a)

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

(2)
(a)

£28.85;

(b)

less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances, and who–

(i)

is eligible for income support under regulation 13A; or

(ii)

is the subject of a direction under section 125(1) of the Contributions and Benefits Act;

(b)

£37.90;

(c)

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

(c)

£37.90;

(d)

not less than 18.

(d)

£47.90.

(3)

Couple–

(a)

Where both members are aged less than 18 and–

(i)

at least one them is treated as responsible for a child; or

(ii)

had they not been members of a couple, each would be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or

(iii)

they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or

(iv)

there is a direction under section 125(1) of the Contributions and Benefits Act (income support to avoid severe hardship) in respect of each member; or

(v)

there is a direction under section 125(1) of the Contributions and Benefits Act in respect of one of them and the other is eligible for income support under regulation 13A;

(3)
(a)

£57.20;

(aa)

where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and that member–

(i)

is eligible for income support under regulation 13A; or

(ii)

is the subject of a direction under section 125(1) of the Contributions and Benefits Act;

(aa)

£37.90;

(b)

where both members are aged less than 18 and sub-paragraph (3)(a) or (aa) above does not apply but one member of the couple–

(i)

is eligible for income support under regulation 13A; or

(ii)

is the subject of a direction under section 125(1);

(b)

£28.85;

(c)

where both members are aged not less than 18;

(c)

£75.20;

(d)

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

(i)

is eligible for income support under regulation 13A; or

(ii)

is the subject of a direction under section 125(1);

(d)

£75.20;

(e)

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

(i)

is not eligible for income support under regulation 13A; or

(ii)

is not the subject of a direction under section 125(1);

(e)

£37.90;

(f)

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

(i)

is not eligible for income support under regulation 13A; and

(ii)

is not the subject of a direction under section 125(1).

(f)

£47.90.
2

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

(1)(2)
Child or Young PersonAmount

Person aged–

  1. (a)

    less than 11;

(a)

£16.45;

(b)

not less than 11 but less than 16;

(b)

£24.10;

(c)

not less than 16 but less than 18;

(c)

£28.85;

(d)

not less than 18.

(d)

£37.90.
2A
(1)

The weekly amount for the purposes of regulations 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be–

(a)

except in a case to which head (b) applies, £54.00; and

(b)

where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £60.00.

Schedule 5PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

PART IV

weekly amounts of premiums specified in part iii

PremiumAmount
15
(1)

Lone parent premium.

(1)

£5.20.

(2)

Pensioner premium for persons aged under 75–

(2)
(a)

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

(a)

£19.15;

(b)

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

(b)

£28.90.

(2A)

Pensioner premium for persons aged 75 and over–

(2A)
(a)

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

(a)

£21.30;

(b)

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

(b)

£31.90.

(3)

Higher Pensioner Premium–

(3)
(a)

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

(a)

£25.90;

(b)

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

(b)

£37.05.

(4)

Disability Premium–

(4)
(a)

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

(a)

£20.40;

(b)

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

(b)

£29.15.

(5)

Severe Disability Premium–

(5)
(a)

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

(a)

£36.40;

(b)

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

(i)

if there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A)f1;

(b)
(i)

£36.40;

(ii)

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

(ii)

£72.80.

(6)

Disabled Child Premium.

(6)

£20.40 in respect of each child or young person in respect of whom the conditions specified in paragraph 14 are satisfied.

(7)

Carer Premiumf2.

(7)

£13.00 in respect of each person who satisfied the condition specified in paragraph 14ZA.

6Residential care homes

(1)

Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of–

(a)

old age, the appropriate amount shall be £203.00 per week;

(b)

past or present mental disorder but excluding mental handicap, the appropriate amount shall be £214.00 per week;

(c)

past or present drug or alcohol dependence, the appropriate amount shall be £214.00 per week;

(d)

mental handicap, the appropriate amount shall be £244.00 per week;

(e)

physical disablement, the appropriate amount shall be–

(i)

in the case of a person to whom paragraph 8 applies, £276.00 per week, or

(ii)

in any other case, £203.00 per week; or

(f)

any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £203.00 per week.

7Nursing homes

Subject to paragraphs 8 to 11, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of–

(a)

past or present mental disorder but excluding mental handicap, the appropriate amount shall be £304.00 per week;

(b)

mental handicap, the appropriate amount shall be £310.00 per week;

(c)

past or present drug or alcohol dependence, the appropriate amount shall be £304.00 per week;

(d)

physical disablement, the appropriate amount shall be–

(i)

in the case of a person to whom paragraph 8 applies, £341.00 per week, or

(ii)

in any other case, £303.00 per week;

(e)

terminal illness, the appropriate amount shall be £303.00 per week; or

(f)

any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £303.00 per week.

11Nursing homes

(1)

Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to–

(a)

in the case of a residential care home, £38.00;

(b)

in the case of a nursing home, £43.00f1.

13Nursing homes

The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be–

(a)

for the claimant £13.75, and if he has a partner, for his partner, £13.75;

(b)

for a young person aged 18, £13.75;

(c)

for a young person aged under 18 but over 16, £9.55;

(d)

for a child aged under 16 but over 11, £8.25;

(e)

for a child aged under 11, £5.65.

IIother sums specified in schedule 4 to the income support regulations

Paragraph in Schedule 4Specified sum
2(2)(b)(i) increases for mealsdaily £1.10
2(2)(b)(ii) increases for mealsdaily £1.55
2(2)(b)(iii) increases for mealsdaily £1.55

Iprovisions in schedule 7 to the income support regulations as amended by this order

(1)(2)

Patients

1

f1Subject to paragraphs 2, 2A, 3 and 18, a person who has been a patient for a period of more than six weeks and who is–

1.
(a)

a single claimant;

(a)

£15.30 plus any amount applicable under regulation 17(1)(e), (f) or (g);

(b)

a lone parent;

(b)

£15.30 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 8 or 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;

(c)
(i)

the amount applicable in respect of both of them under regulation 17(1) reduced by £12.25;

(ii)

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

(ii)

£30.60 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;

(d)
(i)

the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £12.25 in respect of each such member who is a patient;

(ii)

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

(ii)

the applicable amount shall be £15.30 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 1987f2 (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

2
(a)

Such amount (if any) not exceeding £12.25 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;

(b)

those conditions are not satisfied.

(b)

£12.25

2A

f3A single claimant who is detained under the provisions of the Mental Health Act 1983f4 or the Mental Health (Scotland) Act 1984f5 and who immediately before his detention under either of those Acts was a prisoner.

2A

£12.25

3

f6Subject to paragraph 18–

(a)

a claimaint 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

3
(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 £12.25 instead of an amount determined in accordance with paragraph 2 of Schedule 2; 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.

(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 £12.25 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Single claimants temporarily in local authority accommodation

10A

f7A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10A

£61.15 of which £13.75 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g).

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

10B
(1)

A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10B
(1)

The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 17(1), 19 or 21 and in respect of the other member £61.15 of which £13.75 is for personal expenses.

(2)

A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).

(2)

The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home £61.15 of which £13.75 is for personal expenses.

(3)

A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1).

(3)

For each member of that couple or marriage £61.15 of which £13.75 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h).

Lone parents who are in residential accommodation temporarily

10C

f8A claimant who is a lone parent who has entered residential accommodation temporarily.

10C

£61.15 of which £13.75 is for personal expenses, plus–

(a)

in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and

(b)

any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g), or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2.

Persons in residential accommodation

13
(1)

Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is–

(a)

a single claimant;

(b)

a lone parent;

(c)

one of a couple;

(d)

a child or young person;

(e)

a member of a polygamous marriage.

13
(1)

f9Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus–

(a)

£61.15 of which £13.75 is for personal expenses;

(b)

the amount specified in sub-paragraph (a) of this column;

(c)

twice the amount specified in sub-paragraph (a) of this column;

(d)

the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts);

(e)

the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation.

(2)

A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority.

(2)

Any amount applicable under regulation 17(1)(f) or (g), plus £13.75.

Polish Resettlement

13A
(1)

A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant both requires personal care and is provided with it in the accommodation and–

(a)

is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or

(b)

is first provided with such accommodation and care on or after 1st April 1995; or

(c)

is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.

(2)

In this paragraph “personal care” means care which includes assistance with bodily functions where such assistance is required.

(3)

An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.

13A
(1)

The aggregate of–

(a)

the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and

(b)

a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3) or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.

(2)

The maximum referred to in sub-paragraph (1)(a) shall be–

(a)

in the case of a single claimant, £341.00;

(b)

in the case of a claimant who is a member of a family the aggregate of the following amounts–

(i)

in respect of the claimant, £341.00;

(ii)

in respect of each member of his family who lives in the aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

(iii)

in respect of each member of his family aged not less than 11 who lives in the accommodation, £341.00; and

(iv)

where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.

(3)

Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers, the amount for personal expenses referred to in sub-paragraph (1)(b) shall be–

(a)

for the claimant, £17.35;

(b)

for his partner, £17.35;

(c)

for a young person aged 18, £15.55;

(d)

for a young person aged under 18 but over 16, £9.55;

(e)

for a child aged under 16 but over 11, £8.25;

(f)

for a child aged under 11, £5.65.

(3A)

In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4, paragraph 13.

(4)

The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (2)(b)(ii) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.

Polish Resettlement: Persons temporarily absent from accommodation

13B

Where a claimant or his partner is temporarily absent from accommodation to which paragraph 13A applies for which the claimant is liable to pay a retaining fee, and but for that absence from that accommodation his applicable amount would be calculated in accordance with that paragraph and the absent person–

13B

The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee–

(a)

is a patient; or

(a)

in a case to which sub-paragraph (a) of Column (1) applies–

(i)

where the person has been a patient for a period of 6 weeks or less, by an amount not exceeding the maximum amount referred to in paragraph 13A(2)(a);

(ii)

where the person has been a patient for a period of more than 6 weeks, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 52 weeks;

(b)

is a person to whom sub-paragraph (a) does not apply.

(b)

in a case of a person to whom sub-paragraph (b) of Column (1) applies, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 4 weeks.

Persons in residential care or nursing homes who become patients

18

A claimant to whom regulation 19 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where–

(a)

he or any member of his family has been a patient for a period of six weeks or less and the claimant–

18
(a)

(i)

continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient;

(i)

the amount which would be applicable under regulation 19 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies;

(ii)

continues to be liable to meet the weekly charge for the accommodation but at a reduced rate;

(ii)

the amount which would be applicable under regulation 19 having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies;

(iii)

is a single claimant and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or

(iii)

the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4 as if he were residing in the accommodation to which regulation 19 applies plus any amount applicable under regulation 17(1)(f);

(iv)

is a single claimant who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation;

(iv)

the amount which would be applicable to him under regulation 17(1);

(b)

he or his partner has been a patient for a period of more than six weeks and the patient is–

(b)

(i)

a single claimant;

(i)

£15.30 plus any amount applicable under regulation 17(1)(f), plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17(1)(e), but not both;

(ii)

a lone parent;

(ii)

where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19, having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4, there shall be substituted the amount £15.30;

  • where all the children or young persons are absent from the accommodation, £15.30 plus any amounts applicable to him under regulation 17(1)(b), (c), (d) or (f) plus, if appropriate, either the amount applicable under Column (2) of paragraph 16(a) or the amount applicable by virtue of regulation 17(1)(e) (housing costs) but not both;

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the lone parent patient the amount specified in case one of Column (2) of sub-paragraph (b)(ii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added the amount of £15.30;

(iii)

one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for six weeks or less;

(iii)

where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £15.30;

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in case one of Column (2) of sub-paragraph (b)(iii) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19 and in respect of each such child or young person there shall be added the amount of £12.25;

(iv)

one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than six weeks;

(iv)

where there is no child or young person in the family £15.30 in respect of each member of the couple or polygamous marriage, plus any amount applicable under regulation 17(1)(f) or 18(1)(g), plus either the amount prescribed in paragraph 16 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable by virtue of regulation 17(1)(e) or 18(1)(f), but not both;

  • where there is a child or young person remaining in the accommodation, the amount which would be applicable in respect of the family as if regulation 19 having taken into account any reduction in charge continued to apply to all the members of the family except that in respect of each member of the couple or polygamous marriage no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4, and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 in respect of each member there shall be substituted the amount of £15.30;

  • where there is a child or young person in the family but no child or young person remains in the accommodation, the amount applicable under paragraph 1(c) or 1(d) as is appropriate plus either the amount applicable under Column (2) of paragraph 16(a) or the amount applicable by virtue of regulation 17(1)(e) or 18(1)(f) but not both;

  • where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons remaining in the accommodation and the members of the couple or polygamous marriage, the amount specified in case two of Column (2) of sub-paragraph (b)(iv) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 19, and in respect of each such child or young person there shall be added the amount of £12.25;

(c)

a child or young person who has been a patient for a period of more than 12 weeks.

(c)

the amount applicable under regulation 19 as if that child or young person was not a member of the family plus an amount of £12.25 in respect of that child or young person.

IIother sums specified in schedule 7 to the income support regulations

Paragraph in Column (2) of Schedule 7Specified Sum
7

members of religious orders

Nil
8

prisoners

Nil
16

f1persons temporarily absent from a residential care or a nursing home

80 per cent.
17

persons from abroad

Nil

Schedule 8OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

Provisions in Income Support RegulationsSpecified Sum
Regulation 22(1)Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. of the relevant amount.
Regulation 22(2)(a)£200.
Regulation 22(2)Weekly applicable amount to be reduced by a sum equivalent to 20 per cent. of the relevant amount.
Regulation 71(1)(a)(i)f190 per cent. of the amount applicable or, as the case may be, of the reduced applicable amount.
Regulation 71(1)(b)(i)90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount.
Regulation 71(1)(c)(i)98 per cent. of the applicable amount for persons in residential accommodation.
Regulation 71(1)(d)f290 per cent. of the applicable amount.
Schedule 3f3, paragraph 5(3)

The relevant fraction of the applicable amount is the amount calculated by the formula

AA+B

.

Schedule 3, paragraph 6(1)(b)Half 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 10(1)

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

(A×B)×C52

.

Schedule 3, paragraph 11(5)£100,000.
Schedule 3, paragraph 11(7)(a)

The alternative appropriate amount shall be calculated using the formula

P×Q

.

Schedule 3, paragraph 11(11)f4

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

R×ST

.

Schedule 3, paragraph 12(2) and (3)5 per cent.

Schedule 9PART 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;

(1)
(b)

£37.90;

(c)

not less than 25.

(c)

£47.90.

(2)

Lone parent aged–

(a)

less than 18;

(2)
(a)

£37.90;

(b)

not less than 18.

(b)

£47.90.

(3)

Couple–

(a)

where both members are aged less than 18;

(3)
(a)

£57.20;

(b)

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

(b)

£75.20.
2

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

(1)(2)
Child or Young PersonAmount

Person aged–

  1. (a)

    less than 11;

(a)

£16.45;

(b)

not less than 11 but less than 16;

(b)

£24.10;

(c)

not less than 16 but less than 18;

(c)

£28.85;

(d)

not less than 18.

(d)

£37.90.

Schedule 10PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IV

amounts of premiums specified in part iii

PremiumAmount
15
(1)

Lone Parent Premium

1

£11.50.

(2)

f1Pensioner Premium for persons aged under 75–

(a)

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

2
(a)

£19.15;

(b)

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

(b)

£28.90.

(2A)

Pensioner Premium for persons aged 75 and over–

(a)

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

2A
(a)

£21.30;

(b)

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

(b)

£31.90.

(3)

Higher Pensioner Premium–

(a)

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

3
(a)

£25.90;

(b)

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

(b)

£37.05.

(4)

Disability Premium–

(a)

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

4
(a)

£20.40;

(b)

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

(b)

£29.15.

(5)

Severe Disability Premium–

(a)

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

5
(a)

£36.40;

(b)

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

(i)

in a case where there is someone in receipt of an invalid care allowance;

(b)
(i)

£36.40;

(ii)

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

(ii)

£72.80.

(6)

Disabled Child Premium.

6

£20.40 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 Premiumf2.

7

£13.00 in respect of each person who satisfies the condition specified in paragraph 14ZA.

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

SCHEDULE 1

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;

(1)
(a)

£37.90

(b)

not less than 25.

(b)

£47.90

(2)

Lone parent

(2)

£47.90

(3)

Couple

(3)

£75.20
2

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

(1)(2)
Child or Young PersonAmount

Person aged–

  1. (a)

    less than 11;

(a)

£16.45

(b)

not less than 11 but less than 16;

(b)

£24.10

(c)

not less than 16 but less than 18;

(c)

£28.85

(d)

not less than 18.

(d)

£37.90

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

SCHEDULE 1

APPLICABLE AMOUNTS

PART IV

amounts of premiums specified in part iii

PremiumAmount
19
(1)

Lone parent premium

(1)

£11.50

(2)

Pensioner Premium for persons under 75–

(a)

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

(2)
(a)

£19.15

(b)

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

(b)

£28.90

(3)

Pensioner Premium for persons 75 or over–

(a)

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

(3)
(a)

£21.30

(b)

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

(b)

£31.90

(4)

Higher Pensioner Premium–

(a)

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

(4)
(a)

£25.90

(b)

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

(b)

£37.05

(5)

Disability Premium–

(a)

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

(5)
(a)

£20.40

(b)

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

(b)

£29.15

(6)

Severe Disability Premium–

(a)

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

(6)
(a)

£36.40

(b)

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

(i)

in a case where there is someone in receipt of an invalid care allowance;

(b)
(i)

£36.40

(ii)

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

(ii)

£72.80

(7)

Disabled Child Premium

(7)

£20.40 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)

£13.00 in respect of each person who satisfies the condition specified in paragraph 16.

Explanatory note

(This note is not part of the Order)

This Order, a draft of which has been laid before and approved by resolution of each House of Parliament, 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 I of the Order relates to the citation, commencement and interpretation.

Part II of the Order relates to non-income related benefits.

Article 3 and Schedule 1 alter the benefits and increases of benefit (except over 80 age addition) 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) and (3) 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 diseases benefits in respect of employment before 5th July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 specifies the weekly rate of statutory sick pay.

Article 10 specifies the lower rate of statutory maternity pay.

Article 11 increases the rate of graduated retirement benefit.

Article 12 increases the rates of disability living allowance.

Article 13 increases the weekly rates of child benefit. One parent benefit remains unchanged.

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.

Part III of the Order relates to family credit, disability working allowance, income support, housing benefit and council tax benefit.

Article 16 and Schedule 2 specify the applicable amount for family credit and the amount of the credits for an adult, child or young person which determines a family’s maximum family credit and other miscellaneous amounts.

Article 17 and Schedule 3 specify the applicable amount for disability working allowance and the amount of allowance for an adult, child or young person which determines the appropriate maximum disability working allowance.

Article 18 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 18(3) and Schedule 4 set out the personal allowances; article 18(4) and (5) and Schedule 5 set out the premiums; article 18(8) and (9) and Schedule 6 set out the amounts relevant to beneficiaries in residential care and nursing homes; article 18(10) and Schedule 7 set out the amounts relevant to special cases; and article 18(12) and Schedule 8 set out other miscellaneous amounts.

Article 19 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 20 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 21 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 21(8) and Schedule 9 set out the personal allowances and article 21(9) and (10) and Schedule 10 set out the premiums.

Article 22 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit. Article 22(5) and Schedule 11 set out the personal allowances and article 22(6) and (7) and Schedule 12 set out the premiums.

Part IV of the Order relates to transitional provisions and revocations.

Article 23 contains transitional provisions relating to family credit and disability working allowance.

Article 24 revokes the 1995 Order.

In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm. 3149) 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.

An assessment of the cost to business of applying the statutory sick pay and statutory maternity pay provisions of this Order has been placed in the library of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, Room 623, Adelphi, 1—11 John Adam Street, London WC2N 6HT.