OpenLegislation

The Social Security Benefits Up-rating Order 1989

S.I. 1989/43 · Made 10 January 1989

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 10th January 1989

Coming into force

for the purposes of articles 1, 2, and 19 1st April 1989

for the purposes of article 18 1st or 3rd April 1989

for the purposes of article 10 2nd April 1989

for the purposes of articles 9 and 12 6th April 1989

for the purposes of articles 13 and 14 11th April 1989

for all other purposes 10th April 1989

Whereas, the Secretary of State for Social Security having made a review under section 63(1) of the Social Security Act 1986f1, a draft of the following order was laid before Parliament in accordance with the provisions of section 63(2) and section 83(3)(d) 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 section 63 of the Social Security Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1986 c. 50; section 63(7) was amended by the Social Security Act 1988 (c. 7), Schedule 5, and section 63(10) was modified by regulation 2 of the Social Security Act 1986 (Consequential) Amendment Regulations 1988 (S.I. 1988/961).

f2

See section 83(5) of the Social Security Act 1986.

Contents

  1. Part I: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: SOCIAL SECURITY BENEFITS
  5. 3Alterations in rates or amounts of certain benefits under the 1975 Act
  6. 4Increase of rates or amounts of certain benefits under the Pensions Act
  7. 5Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are increased by this Order
  8. 6Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975
  9. 7Increase in rate of graduate retirement benefit and increments thereof
  10. 8Sum specified for child benefit
  11. 9Statutory Sick Pay
  12. 10Statutory Maternity Pay
  13. 11Earnings Limits
  14. 12Statutory Sick Pay transitional provision
  15. Part III: FAMILY CREDIT, INCOME SUPPORT AND HOUSING BENEFIT
  16. 13Family Credit
  17. 14Sums prescribed for the purpose of Family Credit
  18. 15Applicable amounts for Income Support
  19. 16Income Support Transitional Protection
  20. 17The Relevant Sum for Income Support
  21. 18Applicable amounts for housing benefit (Housing Costs)
  22. 19Applicable amounts for housing benefit (Community Charge rebates)
  23. 20Transitional
  24. Part IV: REVOCATIONS
  25. 21Revocations
  26. Signature
  27. Schedule 1SCHEDULE 4 TO THE 1975 ACT AS AMENDED BY THIS ORDER
  28. Schedule 2SCHEDULE 4 TO THE FAMILY CREDIT REGULATIONS AS AMENDED BY THIS ORDER
  29. Schedule 3PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
  30. Schedule 4PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
  31. Schedule 5: APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES
  32. ISUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED
  33. IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS
  34. Schedule 6: APPLICABLE AMOUNTS OF PERSONS IN HOSTELS
  35. ISUMS SPECIFIED IN SCHEDULE 5 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED
  36. IIOTHER SUMS SPECIFIED IN SCHEDULE 5 TO THE INCOME SUPPORT REGULATIONS
  37. Schedule 7: APPLICABLE AMOUNTS IN SPECIAL CASES
  38. ISUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED
  39. IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS
  40. Schedule 8OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS
  41. Schedule 9PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  42. Schedule 10PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
  43. Schedule 11PART II OF SCHEDULE 1 TO THE COMMUNITY CHARGE REBATES REGULATIONS AS AMENDED BY THIS ORDER
  44. Schedule 12PART IV OF SCHEDULE 1 TO THE COMMUNITY CHARGE REBATES REGULATIONS AS AMENDED BY THIS ORDER
  45. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Social Security Benefits Up-rating Order 1989.

(2)

Subject to paragraphs (3) to (6) below, this Order shall come into force for the purposes of articles 1, 2, 18 and 19 on 1st April 1989, for the purposes of article 10 on 2nd April 1989, for the purposes of articles 9 and 12 on 6th April 1989, for the purposes of articles 13 and 14 on 11th April 1989, and for all other purposes on 10th April 1989.

(3)

Articles 15, 16 and 17 of this Order shall come into force in relation to any particular beneficiary at the beginning of the first benefit week to commence for that beneficiary on or after 10th April 1989, and for this purpose “benefit week” has the same meaning as in the Income Support Regulationsf1.

(4)

Article 18 of this Order shall come into force in relation to any case to which paragraph (5) below applies on 1st April 1989, and in any other case on 3rd April 1989.

(5)

This paragraph applies in any case where –

(a)

rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof; or

(b)

payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof.

(6)

The increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 5 of the Order.

2Interpretation

In this Order, unless the context otherwise requires –

  • “the 1975 Act” means the Social Security Act 1975f1;

  • “the 1986 Act” means the Social Security Act 1986;

  • “the Pensions Act” means the Social Security Pensions Act 1975f2

  • “the Family Credit Regulations” means the Family Credit (General) Regulations 1987f3;

  • “the Income Support Regulations” means the Income Support (General) Regulations 1987f4;

  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987f5; and

  • “the Community Charge Rebates Regulations” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988f6

3Alterations in rates or amounts of certain benefits under the 1975 Act

(1)

In this article, “Schedule 4” means Schedule 4 to the 1975 Actf1.

(2)

The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 5 below; and Schedule 4 shall accordingly have effect as set out in Schedule 1 to this Order.

(3)

The sums mentioned in paragraph (2) above are the sums specified in Parts I, III, IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increase of benefits for dependants and rates or amounts of industrial injuries benefits, respectively), except in Part III the sum specified for age addition.

4Increase of rates or amounts of certain benefits under the Pensions Act

(1)

The sums specfied in paragraphs (2) and (3) below shall be increased from and including the respective dates specified in article 5 below.

(2)

In section 6(1)(a) of the Pensions Act (basic pension in a Category A retirement pension) –

(a)

so far as the sum is relevant for the purpose of calculating under section 14(6) of the 1975 Act the rate of sickness benefit, for the sum of £39.45 there shall be substituted the sum of £41.80.

(b)

except so far as mentioned in sub-paragraph (a) above, for the sum of £41.15 there shall be substituted the sum of £43.60.

(3)

It is hereby directedf1 that the sums which are –

(a)

the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1988/89,

(b)

the increases in the rates of retirement pensions under Schedule 1 to the Pensions Act (increases of pension where pensioner defers retirement), and

(c)
(i)

payable by virtue of section 35(6) of the Pensions 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 36(3)); or

(ii)

payable to such a person as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the 1975 Actf2 or section 63 of the 1986 Act,

shall in each case be increased by 5.9 per cent. of their amount apart from this Order.

5Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are increased by this Order

(1)

The following provisions of this article specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case.

(2)

In relation to the case of a person over pensionable age who has not retired from regular employment and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with section 14(6) or 15(4) of the 1975 Actf1, the increases in the sums mentioned in articles 3, 4 and 7 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependents) shall take effect on 13th April 1989 and in relation to all other cases the increases in such sums shall take effect on 10th April 1989.

(3)

The increase in the sums mentioned in article 4(3)(c) shall take effect on 10th April 1989.

(4)

The increases in the sums specified for the rate of maternity allowance, widow’s allowancef2, widowed mother’s allowance, widow’s pension, Category C and 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), guardian’s allowance and 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) shall in all cases take effect on 10th April 1989.

(5)

The increases in the sums specified for the rate of mobility allowance, 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 section 57(5) of the 1975 Actf4, increase of unemployability supplement under section 59 of the 1975 Actf5 and maximum, under section 91(1) of the 1975 Act, of the aggregate of weekly benefit payable for successive accidents, shall in all cases take effect from 12th April 1989.

(6)

Where a person’s weekly rate of Category A or B retirement pension falls to be increased under the provisions of section 28(7) or 29(8) of the 1975 Actf6 by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 10th April 1989 and where it does not fall to be so increased the sum so specified shall take effect on 13th April 1989.

(7)

The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increase for dependants), shall take effect in all cases on 13th April 1989.

6Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975

In the Industrial Injuries and Diseases (Old Cases) Act 1975f1 the sum of £24.75 referred to in section 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and section 7(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 12th April 1989 for that sum in section 2(6)(c), and from and including 13th April 1989 for that sum in section 7(2)(b), there shall be substituted the sum of £26.20.

7Increase in rate of graduate retirement benefit and increments thereof

(1)

In the National Insurance Act 1965f1 the sum of 5.39 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 5.9 per cent.; and from and including 10th April 1989 the reference in that provision to that sum shall accordingly have effect as a reference to 5.71 pence

(2)

It is hereby directed that 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 5.9 per cent. of their amount apart from this Order.

8Sum 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 paragraph (1), the sum specified is £7.25; and

(b)

in paragraph (2), for the sum of £4.90, there shall be substituted the sum of £5.20.

9Statutory Sick Pay

(1)

The sums specified in section 7(1) of the Social Security and Housing Benefits Act 1982f1 (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) shall be increased in accordance with the following provisions of this article.

(2)

In section 7(1)(a) for the sums of £49.20 and £79.50 there shall be substituted the sums of £52.10 and £84.00 respectively.

(3)

In section 7(1)(b) for the sum of £34.25 there shall be substituted the sum of £36.25.

10Statutory Maternity Pay

The sum specified in regulation 6 of the Statutory Maternity Pay (General) Regulations 1986f1 (lower rate of statutory maternity pay) shall be increased by the substitution for the sum of £34.25 of the sum of £36.25.

11Earnings Limits

(1)

The sum specified in subsection (1) of section 30 of the 1975 Act (Category A and B retirement pensions where pensioner has earnings) is £75 and the sums specified –

(a)

in paragraph (a) of that subsection, are £4, 5 pence and 10 pence respectively, and

(b)

in paragraph (b) of that subsection, are £4, 5 pence, 10 pence, £4, 5 pence and 5 pence respectively.

(2)

The sums specified in section 41(2B) of the 1975 Actf1 (earnings limits for child dependency increases shall be increased from £90, £11 and £90 to £95, £12 and £95 respectively.

12Statutory Sick Pay transitional provision

Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1989 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or treated for the purpose of section 7(1) of the Social Security and Housing Benefits Act 1982 as not less than £79.50, they shall be treated as not less than £84.00 for the remainder of that period.

13Family Credit

In the Family Credit Regulations –

(a)

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

(b)

in regulation 47 (applicable amount for family credit) for the sum of £51.45 there shall be substituted the sum of £54.80; and

(c)

in paragraph 19 of Schedule 2 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.

14Sums prescribed for the purpose of Family Credit

The sums prescribed in Schedule 4 to the Family Credit Regulations (determination of maximum family credit), shall be increased as from 11th April 1989; and Schedule 4 shall accordingly have effect as set out in Schedule 2 to this Order.

15Applicable amounts for Income Support

(1)

As from 10th April 1989 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), and in paragraph 14(a) of Part III of Schedule 2, paragraph 1(2) of Part I of Schedule 4 and paragraph 1(2) of Part I of Schedule 5, 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 accordingly that Part of Schedule 2 shall have effect as set out in Schedule 3 to this Order.

(4)

In paragraph 3 of Part II of Schedule 2 (family premium) for the sum of £6.15 there shall be substituted the sum of £6.50.

(5)

The sums specified in Part IV of Schedule 2 (weekly amounts of premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 4 to this Order.

16Income 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 4.7 per cent. of their amount apart from this Order.

17The Relevant Sum for Income Support

In section 23(5)(b) of the 1986 Actf1 (trade disputes: the relevant sum) the substituted sum is £18.50.

18Applicable amounts for housing benefit (Housing Costs)

(1)

As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount and 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 and Schedules to the Housing Benefit Regulations bearing that number.

(2)

In regulations 16(b) and 17(c) (applicable amounts) the sum specified is in each regulation £3,000.

(3)

In regulation 18(1) (patients), for the sum of £8.25 in each place in which it occurs, there shall be substituted the sum of £8.70, and for the sum of £16.50 there shall be substituted the sum of £17.40.

(4)

In regulation 63(1) (non-dependant deductions), for the sums of £8.20, £3.00, £3.45 and £3.00 there shall be substituted the sums of £9.15, £3.35, £3.85 and £3.35 respectively.

(5)

In regulation 63(2), for the sum of £49.20 there shall be substituted the sum of £52.10.

(6)

In paragraph 5(2) of Part II of Schedule 1, for the sums of £6.70, £0.80, £0.50 and £0.80 there shall be substituted the sums of £7.00, £0.85, £0.55 and £0.85 respectively.

(7)

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

(8)

In paragraph 3 of Part II of Schedule 2, for the sum of £6.15 there shall be substituted the increased sum of £6.50.

(9)

The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order.

(10)

In paragraph 20 of Schedule 4 (sums to be disregarded in calculation of income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.

19Applicable amounts for housing benefit (Community Charge rebates)

(1)

As from 1st April 1989, the sums relevant to the calculation of an applicable amount and specified in the Community Charge Rebates Regulations shall be the sums set out in the following provisions of this article and in 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 regulations of and Schedules to the Community Charge Rebates Regulations bearing that number.

(2)

In regulations 7(1)(b) and 8(c) (applicable amounts) the sum specified is in each regulation £3,000.

(3)

In regulation 9(1) (patients), for the sum of £8.25 in each place in which it occurs, there shall be substituted the sum of £8.70, and for the sum of £16.50 there shall be substituted the sum of £17.40.

(4)

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

(5)

In paragraph 3 of part II of Schedule 1, for the sum of £6.15 there shall be substituted the increased sum of £6.50.

(6)

The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order.

(7)

In paragraph 20 of Schedule 3 (sums disregarded in calculation of income other than earnings), for the sum of £6.70 there shall be substituted the increased sum of £7.00.

20Transitional

Nothing in this Order shall affect the rate at which family credit is payable under any award running at 11th April 1989.

21Revocations

Articles 2 to 10 of and the Schedule to the Social Security Benefits Up-rating (No. 2) Order 1987f1 are hereby revoked in relation to any particular case as from the date on which the rates or amounts of benefit specified in relation to any benefit mentioned in Part II of this Order takes effect in relation to that case.

Signature

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

Skelmersdale

Parliamentary Under-Secretary of State,

Department of Social Security

4th January 1989

We consent,

D. Lightbown

David Maclean

Two of the Lords Commissioners of Her Majesty’s Treasury

10th January 1989

Schedule 1SCHEDULE 4 TO THE 1975 ACT AS AMENDED BY THIS ORDER

SCHEDULE 4

RATES OF BENEFITS, GRANTS AND INCREASES FOR DEPENDANTS

PART I

CONTRIBUTORY PERIODICAL BENEFITS (SECTIONS 14-31)

Description of benefitWeekly rate
1

Unemployment or sickness benefit (section 14).

(a)

unemployment benefit…£34.70.

(b)

sickness benefit …£33.20.

3

Invalidity allowance (section 16).

(a)

higher rate …£ 9.20.

(b)

middle rate …£5.80.

(c)

lower rate…£2.90.

(the appropriate rate being determined in accordance with section 16(2)f1).
4

Maternity allowance (section 22).

£33.20.
5

Widow’s allowance (section 24).

£57.65.
9

Category B retirement pension where section 29(7)(a)(i) applies.

£26.20.
10

Child’s special allowance (section 31).

£8.95.

PART 1Af2

WIDOW'S PAYMENT

Widow’s payment (section 24) £1,000.00

PART III

NON-CONTRIBUTORY PERIODICAL BENEFITS (SECTION 34-40)

Description of benefitWeekly rate
1

Attendance allowance (section 35).

(a)

higher rate…£34.90.

(b)

lower rate…£23.30.

(the appropriate rate being determined in accordance with section 35(3)f3).
2

Severe disablement allowance (section 36).

£26.20.
3

Invalid care allowance (section 37).

£26.20.
3A

Mobility allowance (section 37A).

£24.40.
4

Guardian’s allowance (section 38).

£8.95.
5

Category C retirement pension (section 39).

(a)

lower rate…£15.65.

(b)

higher rate…£26.20.

(the appropriate rate being determined in accordance with section 39(2)).
5A

Category D retirement pension (section 39)f4.

The higher rate for Category C retirement pensions under paragraph 5 above.
6

Age addition (to a pension of any category, and otherwise under section 40).

£0.25.

PART IV

INCREASES FOR DEPENDANTS (SECTIONS 41-49)

Benefit to which increase appliesIncrease for qualifying childIncrease for adult dependent
(1)(2)(3)
££
1

Unemployment or sickness benefit –

(a)

unemployment benefit, where the beneficiary is under pensionable age

–21.40
(b)

unemployment benefit, where the beneficiary is over pensionable age

8.9526.20
(c)

sickness benefit, where the beneficiary is under pensionable age

–20.55
(d)

sickness benefit, where the beneficiary is over pensionable age

8.9525.10
2

Invalidity pension…

8.9526.20
3

Maternity allowance…

–20.55
4

Widow’s allowance…

8.95–
5

Widowed mother’s allowance…

8.95–
6

Category A or B retirement pension…

8.9526.20
7

Category C retirement pension…

8.9515.65
8

Child’s special allowance…

8.95–
9

Severe disablement allowance…

8.9515.65
10

Invalid care allowance…

8.9515.65

PART V

RATE OR AMOUNT OF INDUSTRIAL INJURIES BENEFIT

Description of benefit, etc.Rate or amount
2

Maximum disablement gratuity under section 57(5).

£4730.00
3

Disablement pension under section 57(6) (weekly rates)

For the several degress 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 dependent;

  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.££
10071.2043.60
9064.0839.24
8056.9634.88
7049.8430.52
6042.7226.16
5035.6021.80
4028.4817.44
3021.3613.08
2014.248.72
4

Unemployability supplement under section 58 (increase of weekly rate of disablement pension).

£43.60
5

Increase under section 59 of weekly rate of unemployability supplement (early onset of incapacity for work).

(a)

if on the qualifying date the beneficiary was under the age of 35, or if that date fell before 5th July 1948…£9.20.

(aa)

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…£9.20.

(b)

if heads (a) and (aa) above do not apply and on the qualifying date the beneficiary was under the age of 45…£5.80.

(bb)

if heads (a), (aa) and (b) 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…£5.80.

(c)

in any other case…£2.90.

7

Maximum increase under section 61 of weekly rate of disablement pension where constant attendance needed.

(a)

except in cases of exceptionally severe disablement…£28.50.

(b)

in any other case…£57.00.

8

Increase under section 63 of weekly rate of disablement pension (exceptionally severe disablement).

£28.50.
10

Increase under section 64 of weekly rate of disablement pension (dependent children).

£8.95
12

Increase under section 66(2) of weekly rate of disablement pension (adult dependant).

£26.20
13

Widow’s pension under section 68 (weekly rates) –

(a)

initial rate…

£57.65
(b)

higher permanent rate…

£43.60
(c)

lower permanent rate

30 per cent. of the sum specified in section 6(1)(a) of the Pensions Act.
14

Widower’s pension under section 69 (weekly rate).

£43.60
15

Weekly rate of allowance under section 70 in respect of children

In respect of each qualifying child…£8.95
16

Maximum under section 91(1) 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…£71.20

(b)

for any period during which the beneficiary is not over the age of 18 and not so entitled…£43.60

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

£33.60.
2

Child –

(a)

aged less than 11 years;

(a)

£7.30;

(b)

aged not less than 11 but less than 16 years.

(b)

£12.90.

3

Young person–

(a)

aged not less than 16 but less than 18 years;

(a)

£16.35;

(b)

aged not less than 18 but less than 19 years.

(b)

£23.30.

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

SCHEDULE 2

APPLICABLE AMOUNTS

PART 1

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 amount and polygamous marriages).

PERSONAL ALLOWANCES

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

Single claimant aged –

(a)

less than 18;

(1)
(a)

£20.80

(b)

not less than 18 but less than 25;

(b)

£27.40

(c)

not less than 25.

(c)

£34.90

(2)

Lone parent aged –

(a)

less than 18;

(2)
(a)

£20.80

(b)

not less than 18.

(b)

£34.90

(3)
(a)

Couple –

(a)

where both members are aged less than 18 and –

(3)
(a)

£41.60

(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 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 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or

(v)

there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A;

(b)

where both members are aged less than 18 and sub-paragraph (3)f1 above does not apply but one member of the couple –

(b)

£20.80

(i)

is eligible for income support under regulation 13A; or

(ii)

is the subject of a direction under section 20(4A);

(c)

where both members are aged not less than 18;

(c)

£54.80

(d)

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

(d)

£54.80

(i)

is eligible for income support under regulation 13A; or

(ii)

is the subject of a direction under section 20(4A)

(e)

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

(e)

£27.40

(i)

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

(ii)

is not the subject of a direction under section 20(4A);

(f)

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

(f)

£34.90

(i)

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

(ii)

is not the subject of a direction under section 20(4A).
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).

Column (1)Column (2)
Child or Young PersonAmount
Person aged –
(a)

less than 11;

(a)

£11.75

(b)

not less than 11 but less than 16;

(b)

£17.35

(c)

not less than 16 but less than 18;

(c)

£20.80

(d)

not less than 18.

(d)

£27.40

Schedule 4PART 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)

£3.90

(2)

Pensioner Premium –

(a)

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

(2)
(a)

£11.20

(b)

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

(b)

£17.05

(3)

Higher Pensioner Premium –

(a)

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

(3)
(a)

£13.70

(b)

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

(b)

£19.50

(4)

Disability Premium –

(a)

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

(4)
(a)

£13.70

(b)

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

(b)

£19.50

(5)

Severe Disability Premium –

(a)

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

(5)
(a)

£26.20

(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)(a);

(2)
(i)

£26.20

(ii)

if no one is in receipt of such an allowance.

(ii)

£52.40

(6)

Disabled Child Premium –

(6)

£6.50 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

ISUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED

(1)(2)(3)
Paragraph in Schedule 4Specified SumSubstituted Sum
££
6(1)(a), (b), (c), (e)(ii) and (f)130.00 weekly140.00 weekly
(1)(d)160.00 weekly165.00 weekly
6(1)(e)(i)190.00 weekly200.00 weekly
7(a)185.00 weekly195.00 weekly
7(b)200.00 weekly205.00 weekly
7(c), (d)(ii) and (f)185.00 weekly190.00 weekly
7(d)(i) and (e)230.00 weekly235.00 weekly
1117.5023.00
13(a) and (b)9.55 weekly10.05 weekly
13(c)6.20 weekly7.00 weekly
13(d)5.30 weekly6.05 weekly
13(e)3.45 weekly4.10 weekly

IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 4Specified Sum
2(2)(b)(i)daily£1.10
2(2)(b)(ii)daily£1.55
2(2)(b)(iii)daily£1.55
6(2)weekly£155.00

ISUMS SPECIFIED IN SCHEDULE 5 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED

(1)(2)(3)
Paragraph in Schedule 7Specified Weekly SumSubstituted Weekly Sum
££
11(a)11.5013.25
11(b) and (c)10.3011.95
11(d)6.207.00
11(e)5.306.05
11(f)3.454.10

IIOTHER SUMS SPECIFIED IN SCHEDULE 5 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 5Specified Sum
£
2(b)(i)daily1.10
2(b)(ii) and (iii)daily1.55
5(a) and (b)f1weekly70.00
7lower rate17.50
higher rate35.00
935.00

ISUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED

(1)(2)(3)
Paragraph in column (2) of Schedule 7Specified Weekly SumSubstituted Weekly Sum
££
1(a), (b), (c)(i) and (d), 2 and 38.258.70
1(c)(ii)16.5017.40
10Af141.15, 32.90 and 8.25 respectively43.60, 34.90 and 8.70 respectively
10B41.15, 32.90 and 8.25 respectively43.60, 34.90 and 8.70 respectively
10Cf241.15, 32.90 and 8.25 respectively43.60, 34.90 and 8.70 respectively
13(1)41.15, 32.90 and 8.25 respectively43.60, 34.90 and 8.70 respectively
13(2)8.258.70
18(b) and (c)8.258.70

IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in column (2) of Schedule 7Specified Sum
7Nil
8(a)Nil
1680 per cent.
17Nil

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)f1£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)90 per cent. of the amount applicable, or as the case may be, of the relevant amount.
Regulation 71(1)(b)(i)90 per cent. of the amount so reduced, or as the case may be, of the relevant amount.
Regulation 71(1)(c)(i)90 per cent. of the amount in respect of personal expenses.
Regulation 71(1)(c)(iii)80 per cent. of the applicable amount in special cases.
Regulation 71(1)(d)(a)90 per cent. of the applicable amount.
Schedule 3, paragraph 7(1)(a) and (b)(i) and (2) (penultimate line)100 per cent. of the eligible interest.
Schedule 3, paragraph 7(1)(b)(ii), (2)(a) and (6)50 per cent. of the eligible interest.
Schedule 3, paragraph 8(2)£500
Schedule 3, paragraph 9(5)(a)(ii) and (b)(ii)20 per cent. of eligible rates.

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 –

(a)

less than 18;

(1)
(a)

£20.80

(b)

not less than 18 but less than 25;

(b)

£27.40

(c)

not less than 25.

(c)

£34.90

(2)

Lone parent aged –

(a)

less than 18;

(2)
(a)

£20.80

(b)

not less than 18.

(b)

£34.90

(3)

Couple –

(a)

where both members are aged less than 18;

(3)
(a)

£41.60

(b)

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

(b)

£54.80
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:–
(a)

less than 11;

(a)

£11.75

(b)

not less than 11 but less than 16;

(b)

£17.35

(c)

not less than 16 but less than 18;

(c)

£20.80

(d)

not less than 18.

(d)

£27.40

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

£8.60

(2)

Pensioner Premium –

 2.
(a)

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

(a)

£11.20

(b)

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

(b)

£17.05

(3)

Higher Pensioner Premium –

 3.
(a)

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

(a)

£13.70

(b)

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

(b)

£19.50

(4)

Disability Premium –

4
(a)

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

(a)

£13.70

(b)

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

(b)

£19.50

(5)

Severe Disability Premium –

5.
(a)

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

(a)

£26.20

(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)

£26.20

(ii)

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

(ii)

£52.40

(6)

Disabled Child Premium.

6

£6.50 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.

Schedule 11PART II OF SCHEDULE 1 TO THE COMMUNITY CHARGE REBATES 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 7(1) and 8(a) and (b) —

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

Single claimant aged –

(a)

not less than 18 but less than 25;

(1)
(a)

£27.40

(b)

not less than 25.

(b)

£34.90

(2)

Lone parent

(2)

£34.90

(3)

Couple

(3)

£54.80
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 7(1)(b) and 8(c) –

(1)(2)
Child or Young PersonAmount
Person aged –
(a)

less than 11;

(a)

£11.75

(b)

not less than 11 but less than 16;

(b)

£17.35

(c)

not less than 16 but less than 18;

(c)

£20.80

(d)

not less than 18.

(d)

£27.40

Schedule 12PART IV OF SCHEDULE 1 TO THE COMMUNITY CHARGE REBATES REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1

APPLICABLE AMOUNTS

PART IV

AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount
16

—

(1)

Lone Parent Premium.

1

£8.60

(2)

Pensioner Premium –

2.
(a)

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

(a)

£11.20

(b)

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

(b)

£17.05

(3)

Higher Pensioner Premium –

3.
(a)

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

(a)

£13.70

(b)

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

(b)

£19.50

(4)

Disability Premium –

4.
(a)

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

(a)

£13.70

(b)

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

(b)

£19.50

(5)

Severe Disability Premium –

5.
(a)

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

(a)

£26.20

(b)

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

(i)

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

(b)
(i)

£26.20

(ii)

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

(ii)

£52.40

(6)

Disabled Child Premium.

6

£6.50 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.

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 Houseof Parliament, is made as a consequence of a review under section 63(1) of the Social Security Act 1986 (“the 1986 Act”) and includes details of the sums mentioned in that section.

Part I relates to citation, commencement and interpretation. Part II relates to non-means tested benefits. Article 3 alters the benefits and increases of benefit (except age addition) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Act 1975 (“the 1975 Act”). Article 4 increases the rates and amounts of certain benefits under Part II of the Social Security Pensions Act 1975 (“the Pensions Act”) (including increases of Category A or B retirement pensions payable by reference to the increases of increments in guaranteed minimum pensions payable by virtue of section 35(6) of that Act); article 5 specifies the dates from which the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are altered. Article 6 increases the rates laid down in the Industrial Injuries and Diseases (Old Cases) Act 1975 for the maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation and the weekly rate of allowance under the Industrial Diseases Schemes where disablement is not total. Article 7 increases the rate of graduated retirement pension under the National Insurance Act 1965.

Article 8 provides for the weekly rate of one-parent benefit to be increased. Article 9increases the weekly rate of statutory sick pay payable as from 6th April 1989. Article 10 increases the lower rate of statutory maternity pay and article 11 specifies earnings limits forretirement pension and child dependency increases. Article 12 is a transitional provision relating to statutory sick pay.

Part III of the Order relates to family credit, income support and housing benefit. Article 13 sets out the component rates of the applicable amount for family credit purposes. Article 14 and Schedule 2 specify the maximum amount payable by way of family credit for an adult, child or young person.

Article 15 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 15(3) and Schedule 3 set out the personal allowances; article 15(5) and Schedule 4 set out the premiums; article 15(8) and (9) set out the amounts relevant to the beneficiaries in residential care and nursing homes; article 15(10) and (11) and Schedule 6 set out the amounts relevant to those beneficiaries residing in hostels; article 15(12) and Schedule 10 set out the amounts relevant to special cases; and article 15(14) and Schedule 8 set out other miscellaneous amounts. Article 16 provides for the percentage increase of sums payable by way of special transitional additions to income support. Article 17 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 18 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 18(7) and Schedule 9 set out the personal allowances and article 18(9) and Schedule 10 set out the premiums.

Article 19 states the amount of the sums relevant to the applicable amount for the purposes of community charge rebates in Scotland specified in the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988. Article 19(4) and Schedule 11 set out the personal allowances and article 19(6) and Schedule 12 the premiums. Article 20 is a transitional provision relating to family credit. Article 21 contains revocations.

In accordance with section 63(11) of the Social Security Act 1986, a copy of the report of the Government Actuary (Cm.537) 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.