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The Social Security Benefits Up-rating Order (Northern Ireland) 1995

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Statutory Rules of Northern Ireland

1995 No. 71

SOCIAL SECURITY

STATUTORY MATERNITY PAY: STATUTORY SICK PAY HOUSING

The Social Security Benefits Up-rating Order (Northern Ireland) 1995

Made

7th March 1995

Coming into operation in accordance with Article 1(1)

Whereas the Secretary of State for Social Security has made an Order(1) under sections 150 and 189(1), (3) and (4) of the Social Security Administration Act 1992(2) and section 2(7) of the Social Security (Incapacity for Work) Act 1994(3):

Now, therefore, the Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by section 132 of the Social Security Administration (Northern Ireland) Act 1992(4) and Article 4(6) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994(5) and of all other powers enabling it in that behalf, hereby makes the following Order:

PART IINTRODUCTION

Citation and commencement

1.  (1)  This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 1995 and shall come into operation for the purposes of—

(a)Articles 1 and 2 on 1st April 1995;

(b)Article 10 on 2nd April 1995;

(c)Article 9 on 6th April 1995;

(d)Articles 3 to 6, 8 and 11 to 13 on 10th April 1995;

(e)Articles 16, 17 and 22 on 11th April 1995;

(f)Article 7 on 12th April 1995;

(g)Articles 14, 15 and 23 on 13th April 1995 immediately after the coming into operation of, respectively, the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(6) and the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(7);

(h)Articles 18 to 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 10th April 1995, and for the purposes of this sub-paragraph and sub-paragraph (i) below “benefit week” has the same meaning as in the Income Support Regulations;

(i)Article 21(c)(ii), 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 10th April 1995; and

(j)except in a case to which sub-paragraph (i) above applies, Article 21 , in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 3rd April 1995, and in relation to any other case, on 1st April 1995.

(2) 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.

Interpretation

2.  (1)  In this Order, unless the context otherwise requires—

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(8);

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993(9);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(10).

(2) The Interpretation Act 1978(11) shall apply to this Order as it applies to an Act of the United Kingdom Parliament.

PART IISOCIAL SECURITY BENEFITS AND PENSIONS

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

3.  (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 rate of industrial injuries benefit, respectively), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.

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

4.  (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 retirement allowance) shall be increased by 2.2 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(12) (basic pension of Category A retirement pension)—

(a)for “£55.25” there shall be substituted “£56.45”; and

(b)for “£57.60” there shall be substituted “£58.85”.

(4) It is hereby directed 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 1994/1995;

(b)the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(13) (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 120 of the Social Security (Northern Ireland) Act 1975(14) or Article 64 of the Social Security (Northern Ireland) Order 1986(15),

shall in each case be increased by 2.2 per cent. of their amount apart from this Order.

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

5.  (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 11(1) of the Pension Schemes Act (increase of guaranteed minimum where commencement of guaranteed minimum pension is postponed) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 13(2) and (3) of that Act), shall be increased by 2.2 per cent. of their amount apart from this Order where the increase under section 11(1) is attributable to earnings factors for the tax year 1987/1988 and earlier tax years(16).

Dates 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

6.  (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 of this Order 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 10th April 1995.

(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 benefit(17) falls to be calculated in accordance with section 25(5) or 30B(3)(18) of the Contributions and Benefits Act, the increases in the sums mentioned in Articles 3,4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants) shall take effect on 13th April 1995.

(4) The increases in the sums mentioned in Articles 4(4)(c) and 5(2) of this Order shall take effect on 10th April 1995.

(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 allowance(19), attendance allowance, invalid care allowance (except in a case where the Department 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 10th April 1995.

(6) The increases in the sums specified for the rate of invalid care allowance (in a case where the Department 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 12th April 1995.

(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 Act(20), by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified in paragraph 3 of Part I of Schedule 4 to that Act for the appropriate rate of invalidity allowance shall take effect on 10th April 1995.

(8) The increases in the sums specified for the rate of unemployment and incapacity benefit and severe disablement allowance together with, where appropriate, increases for dependants, shall in all cases take effect on 13th April 1995.

(9) The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 12th April 1995.

(10) In the case of a person who is subject to the provisions of regulations made under section 71(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (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.

Increase in rate of certain workmen’s compensation in respect of employment i before 5th July 1948

7.  In paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for “£34.50” there shall be substituted “£35.25”.

Earnings limits

8.  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 £125.00 and the sums specified in paragraph (b) are £16.00 and £125.00 respectively.

Statutory sick pay

9.  In section 153(1) of the Contributions and Benefits Act(21) (rate of payment) the sum specified is £52.50.

Statutory maternity pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(22) (lower rate of statutory maternity pay) the sum specified is £52.50.

Increase in rate of graduated retirement benefit and increments thereof

11.  (1)  The sum of 7.48 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966(23) (graduated retirement benefit) shall be increased by 2.2 per cent. and accordingly the reference in that provision to that sum shall have effect as a reference to 7.64 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 (Northern Ireland) 1978(24) (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 2.2 per cent. of their amount apart from this Order.

Increase in rates of disability living allowance

12.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(25) (rate of benefit)—

(a)in paragraph (1)(a) for “£45.70” there shall be substituted “£46.70”;

(b)in paragraph (1)(b) for “£30.55” there shall be substituted “£31.20”;

(c)in paragraph (1)(c) for “£12.15” there shall be substituted “£12.40”;

(d)in paragraph (2)(a) for “£31.95” there shall be substituted “£32.65”; and

(e)in paragraph (2)(b) for “£12.15” there shall be substituted “£12.40”.

Sums specified for child benefit

13.  In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976(26) (weekly rates of child benefit)—

(a)in paragraph (1)(a) for “£10.20” there shall be substituted.

(b)in paragraph (1)(b) for “£8.25” there shall be substituted “£8.45”; and

(c)in paragraph (2) for “£6.15” there shall be substituted “£6.30”.

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

14.  In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(27) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a)in sub-paragraph (a) for “£12.15” there shall be substituted “£12.40”; and

(b)in sub-paragraph (b) for “£6.10” there shall be substituted “£6.20”.

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

15.  In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(28) (rate of long-term incapacity benefit in transitional cases)—

(a)in sub-paragraph (a) for “£12.15” there shall be substituted “£12.40”;

(b)in sub-paragraph (b) for “£7.60” there shall be substituted “£7.80”; and

(c)in sub-paragraph (c) for “£3.80” there shall be substituted “£3.90”.

PART IIIFAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT AND HOUSING BENEFIT

Family credit

16.  In the Family Credit (General) Regulations (Northern Ireland) 1987(29)—

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

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

(c)in regulation 47(1) (applicable amount) for “£71.70” there shall be substituted “£73.00”;

(d)in paragraph 19(b) of Schedule 2(30) (sums to be disregarded in the calculation of income other than earnings) for “£8.60” there shall be substituted “£9.20”; and

(e)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.

Disability working allowance

17.  In the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(31)—

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

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

(c)in regulation 52(1) (applicable amount)—

(i)in sub-paragraph (a) for “£43.00” there shall be substituted “£54.75”, and

(ii)in sub-paragraph (b) for “£71.70” there shall be substituted “£73.00”;

(d)in paragraph 19(b) of Schedule 3(32) (sums to be disregarded in the calculation of income other than earnings) for “£8.60” there shall be substituted “£9.20”; and

(e)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.

Applicable amounts for income support

18.  (1)  The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in paragraphs (2) to (13) of this Article and the Schedules thereto; and for this purpose references in this Article to numbered regulations or Schedules are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Income Support Regulations bearing those numbers.

(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.

(3) In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for “£10.05” there shall be substituted “£10.25”.

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

(6) In paragraph 11(1) of Schedule 3(33) (housing costs: non-dependant deductions —

(a)in head (a) for “£25.00” there shall be substituted “£30.00”; and

(b)in head (b) the sum specified is £5.00.

(7) In paragraph 11(2) of Schedule 3(34)—

(a)in head (a) for “£72.00” there shall be substituted “£74.00”;

(b)in head (b) for “£72.00”, “£108.00” and “£9.00” there shall be substituted “£74.00”, “£111.00” and “£10.00” respectively; and

(c)in head (c) for “£108.00”, “£39.00” and “£13.00” there shall be substituted “£111.00”, “£145.00” and “£14.00” respectively.

(8) In paragraph 6(2) of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) for “£224.00” there shall be substituted “£227.00” and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 shall be increased and those paragraphs in that Schedule 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 that Schedule 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) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) for “£8.60” there shall be substituted “£9.20”.

Income support transitional protection

19.  Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987(35) shall be increased by 1.8 per cent. of their amount apart from this Order.

The relevant sum for income support

20.  In section 125(7) of the Contributions and Benefits Act (trade disputes) for “£24.50” there shall be substituted “£25.00”.

Housing benefit

21.  In the Housing Benefit (General) Regulations (Northern Ireland) 1987(36)—

(a)in regulations 16(b) and 17(c) and in paragraph 14(a) of Part III of Schedule 2 (applicable amounts), in so far as they relate to rent, the sum specified in each case is £3,000;

(b)in regulation 63 (non-dependant deductions)—

(i)in paragraph (1)(a)(i) for “£25.00” there shall be substituted £30.00,

(ii)in paragraph (1)(b)(i) the sum specified is £5.00,

(iii)in paragraph (2)(a) for “£72.00” there shall be substituted “£74.00”,

(iv)in paragraph (2)(b) for “£72.00”, “£108.00” and “£29.00” there shall be substituted “£74.00”, “£111.00” and “£10.00” respectively, and

(v)in paragraph (2)(c) for “£108.00”, “£139.00” and “£13.00” there shall be substituted “£111.00”, “£145.00” and “£14.00” respectively; and

(c)in Schedule 1 (ineligible service charges)—

(i)in paragraph 1A(37) for “£16.30”, “£16.30”, “£8.25”, “£10.80”, “£10.80”, “£5.45” and “£1.95” there shall be substituted “£16.60”, “£16.60”, “£8.40”, “£11.00”, “£11.00”, “£5.55” and “£2.00” respectively, and

(ii)in paragraph 5(2) the sums specified are £9.20, £1.10, £0.75 and £1.10 respectively.

PART IVTRANSITIONAL PROVISIONS AND REVOCATION

Transitional provisions

22.  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 11 th April 1995, the rate at which it is payable shall be the weekly rate in force for the period prior to 11 th April 1995 until the end of the period of entitlement.

Revocation

23.  The Social Security Benefits Up-rating Order (Northern Ireland) 1994(38) is hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

W. G. Purdy

Assistant Secretary

7th March 1995.

Article 3(1)

SCHEDULE 1Schedule 4 to the Contributions and Benefits Act as amended by this Order

SCHEDULE 4RATES OF BENEFITS, ETC.

PART ICONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate

1.  Unemployment benefit.

£46.45.

2.  (39)Short-term incapacity benefit.

(a)lower rate ... ... ... ... £44.40

(b)higher rate ... ... ... ... £52.50.

2A.  Long-term incapacity benefit.

£58.85.

3.  (40)Invalidity allowance.

(a)higher rate ... ... ... ... £12.40

(b)middle rate ... ... ... ... £7.80

(c)lower rate ... ... ... ... £3.90

the appropriate rate being determined in accordance with section 34(3)).

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

£45.55.

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

£35.25.

6.  Child’s special allowance.

£11.05.

PART IIWIDOW'S PAYMENT

Widow’s Payment.£1,000.00

PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate

1.  Attendance allowance.

(a)higher rate ... ... ... ... £46.70

(b)lower rate ... ... ... ... £31.20

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

2.  Severe disablement allowance

£35.55.

3.  Age related addition.

(a)higher rate ... ... ... ... £12.40

(b)middle rate ... ... ... ... £7.80

(c)lower rate ... ... ... ... £3.90

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

4.  Invalid care allowance.

£35.25.

5.  Guardian’s allowance.

£11.05.

6.  Category C retirement pension.

(a)lower rate ... ... ... ... £21.10

(b)higher rate ... ... ... ... £35.25

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

7.  Category D retirement pension.

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

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

£0.25.

PART IVINCREASES FOR DEPENDANTS

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

1.  (42) Unemployment benefit—

(a)unemployment benefit, where the beneficiary is under pensionable age

28.65

(b)unemployment benefit, where the beneficiary is over pensionable age.

11.0535.25

1A.  (43) Short-term incapacity benefit—

(a)where the beneficiary is under pensionable age

11.0527.50

(b)where the beneficiary is over pensionable age.

11.0527.50

2.  (43) Long-term incapacity benefit.

11.0535.25

3.  Maternity allowance.

27.50

4.  Widowed mother’s allowance.

11.05

5.  Category A or B retirement pension.

11.0535.25

6.  Category C retirement pension.

11.0521.10

7.  Child’s special allowance.

11.05

8.  Severe disablement allowance.

11.0521.15

9.  Invalid care allowance.

11.0521.10

PART VRATE 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—

(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;

(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) £
10095.3058.35
9085.7752.52
8076.2446.68
7066.7140.85
6057.1835.01
5047.6529.18
4038.1223.34
3028.5917.51
2019.0611.67

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

(a)except in cases of exceptionally severe disablement ... ... ... ... £38.20

(b)in any case of exceptionally severe disablement ... ... ... ... £76.40

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

£38.20

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 ... ... ... ... £95.30

(b)for any period during which the beneficiary is not over the age of 18 and not so entitled ... ... ... ... £58.35

5.  Unemployability supplement under paragraph 2 of Schedule 7.

£58.85

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 ... ... ... ... £12.40

(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 ... ... ... ... £12.40

(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 ... ... ... ... £7.80

(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 ... ... ... ... £7.80

(e)in any other case ... ... ... ... £3.90

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

£11.05

8.  increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension.

£35.25

9.  Maximum disablement gratuity under paragraph 9 of Schedule 7.

£6,330.00

10.  Widow’s pension (weekly rates).

(a)initial rate ... ... ... ... £57.65

(b)higher permanent rate ... ... ... ... £58.85

(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).

£58.85

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

In respect of each qualifying child ... ... ... ... £11.05.

Article 16

SCHEDULE 2Schedule 4 to the Family Credit Regulations as amended by this Order

SCHEDULE 4Determination of maximum family credit: adult, child and young person credits

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

1.  Adult.

1.  £45.10.

2.  Child—

(a)aged less than 11 years;

2.(a) £11.40;

(b)aged not less than 11 but less than 16 years.

(b)£18.90.

3.  Young person—

(a)aged not less than 16 but less than 18 years;

3.(a) £23.45;

(b)aged not less than 18 but less than 19 years.

(b)£32.80.

Article 17

SCHEDULE 3Schedule 5 to the Disability Working Allowance Regulations as amended by this Order

SCHEDULE 5Determination of appropriate maximum disability working allowance: claimant, child and young person allowance

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

1.  Single claimant.

1.  £46.85.

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

2.  £73.40.

3.  Child—

(a)aged less than 11 years;

3.(a) £11.40:

(b)aged not less than 11 but less than 16 years

(b)£18.90

4.  Young person—

(a)aged not less than 16 but less than 18 years;

(a)£23.45:

(b)aged not less than 18 but less than 19 years.

(b)£32.80.

Article 18(3)

SCHEDULE 4Part I of Schedule 2 to the Income Support Regulations as amended by this Order

SCHEDULE 2Applicable amounts

PART IPERSONAL ALLOWANCES

1.  The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(a) and 18(1)(a) and (b) (applicable amounts and polygamous marriages).

Column (1)Column (2)
Person or CoupleAmount

(1) Single claimant aged—

(a)except where head (b) or (c) applies, less than 18;

(1) (a) £28.00;

(b)less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A (circumstances in which a person aged 16 or 17 is eligible for income support) 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 (persons under 18 years), or

(ii)is the subject of a direction under section 124(1) of the Contributions and Benefits Act (income support to avoid severe hardship);

(b)£36.80;

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

(c)£36.80;

(d)not less than 18 but less than 25;

(d)£36.80;

(e)not less than 25.

(e)£46.50.

(2) Lone parent aged—

(a)except where head (b) or (c) applies, less than 18;

(2) (a) £28.00;

(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 124(1) of the Contributions and Benefits Act;

(b)£36.80;

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

(c)£36.80;

(d)not less than 18.

(d)£46.50.

(3) Couple—

(a)where both members are persons aged less than 18 and—

(i)at least one of them is treated as responsible for a child,

(ii)had they not been members of a couple, each would be eligible for income support under regulation 13A,

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

(iv)there is a direction under section 124(1) of the Contributions and Benefits Act in respect of each member, or

(v)there is a direction under section 124(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) £55.55;

(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 124(1) of the Contributions and Benefits Act;

(aa)£36.80;

(b)where both members are aged less than 18 and sub-paragraph (3)(a) or (aa) 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 124(1) of the Contributions and Benefits Act;

(b)£28.00;

(c)where both members are aged not less than 18;

(c)£73.00;

(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 124(1) of the Contributions and Benefits Act;

(d)£73.00;

(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 124(1) of the Contributions and Benefits Act;

(e)£36.80;

(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 124(1) of the Contributions and Benefits Act.

(f)£46.50.

2.  The weekly amounts specified in column (2) 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)£15.95;

(b)not less than 11 but less than 16;

(b)£23.40;

(c)not less than 16 but less than 18;

(c)£28.00;

(d)not less than 18.

(d)£36.80.

2A.  (1)  The weekly amount for the purposes of regulations 17(1)(bb) and 18(1)(cc) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be £51.00.

Article 18(5)

SCHEDULE 5Part IV of Schedule 2 to the Income Support Regulations as amended by this Order

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount

15.  

(1) Lone Parent Premium.

(1) £5.20.

(2) Pensioner Premium for persons aged under 75 —

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

(2) (a) £18.60;

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

(b)£28.05.

(2A) Pensioner Premium for persons aged 75 and over—

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

(2A) (a) £20.70;

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

(b)£30.95.

(3) Higher Pensioner Premium—

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

(3) (a) £25.15;

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

(b)£35.95.

(4) Disability Premium—

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

(4) (a) £19.80;

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

(b)£28.30.

(5) Severe Disability Premium—

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

(5) (a) £35.05;

(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),

(b)(i)£35.05,

(ii)if no one is in receipt of such an allowance.

(ii)£70.10.

(6) Disabled Child Premium.

(6) £19.80 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(7) Carer Premium.

(7) £12.60 in respect of each person who satisfies the condition specified in paragraph 14ZA.

Article 18(8) and (9)

SCHEDULE 6Applicable amounts of persons in Homes for Persons in Need and Nursing Homes

PART IPROVISIONS IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

Homes for persons in need

6.  (1)  Subject to sub-paragraph (2) and paragraphs 8 to 10, where the accommodation provided for the claimant is a home for persons in need, for persons in need of personal care by virtue of—

(a)old age and infirmity, the appropriate amount shall be £197.00 per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £207.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £207.00 per week;

(d)mental handicap, the appropriate amount shall be £237.00 per week;

(e)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, £267.00 per week, or

(ii)in any other case £197.00 per week.

Nursing Homes

7.  Subject to paragraphs 8 to 10, 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 £296.00 per week;

(b)mental handicap, the appropriate amount shall be £301.00 per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be £296.00 per week;

(d)physical disablement, the appropriate amount shall be—

(i)in the case of a person to whom paragraph 8 applies, £331.00 per week, or

(ii)in any other case, £295.00 per week;

(e)terminal illness, the appropriate amount shall be £295.00 per week; or

(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £295.00 per week.

Personal allowances

12.  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 £13.35; and, if he has a partner, for his partner, £13,35;

(b)for a young person aged 18, £13.35;

(c)for a young person aged under 18 but over 16, £9.25;

(d)for a child aged under 16 but over 11, £8.00;

(e)for a child aged under 11, £5.50.

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 4Specified Sum

2(2)(b)(i)

2(2)(b)(ii)

2(2)(b)(iii)

increases for meals

daily £1.10

daily £1.55

daily £1.55

Article 18(10) and (11)

SCHEDULE 7Applicable amounts in special cases

PART IPROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

Column (1)Column (2)
Patients

1.  Subject to paragraphs 2, 2A, 3 and 16, a person who has been a patient for a period of more than 6 weeks and who is—

(a)a single claimant;

(a)£14.70 plus any amount applicable under regulation 17(1)(e), (f) or (g);

(b)a lone parent;

(b)£14.70 plus any amounts applicable to him under regulation 17(1)(b),(c), (e), (f) or (g) or under regulation 17(1)(6) 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) (applicable amounts) reduced by £11.75,

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

(ii)£29.40 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(6) 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 £11.75 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 £14.70 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (e), (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 (Northern Ireland) 1987(44) (persons unable to act),

(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

(a)Such amount (if any) not exceeding £11.75 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; or

(b)those conditions are not satisfied.

(b)£11.75.

2A.  A single claimant who is detained under the provisions of the Mental Health (Northern Ireland) Order 1986(45) and who immediately before his detention under that Order was a prisoner.

2A.  £11.75.

3.  Subject to paragraph 16—

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

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 £11.75 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 £11.75 instead of an amount determined in accordance with paragraph 2 of Schedule 2.

Single claimants temporarily in accommodation provided by a Health and Social Services Board

10A.  A single claimant who is temporarily in accommodation referred to in sub-paragraph (a) or(b) (excluding heads (i) and (ii) of those sub-paragraphs) of the definition of “residential accommodation” in regulation 21(3) (special cases).

10A.  £58.85 of which £13.35 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 accommodation provided by a Health and Social Services Board

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 sub-paragraph (a) or(b) (excluding heads (i) and (ii) of those sub-paragraphs) of the definition of “residential accommodation” in regulation 21(3).

10B .  —

(1) The aggregate of the amount applicable to 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, £58.85 of which £13.35 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 £58.85 of which £13.35 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 £58.85 of which £13.35 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (R) or 18(1)(f), (g) or (h).

Lone parents who are in residential accommodation temporarily

10C.  A claimant who is a lone parent who has entered residential accommodation temporarily.

10C.  £58.85 of which £13.35 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;

13.  —

(1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or(h) plus—

(a)£58.85 of which £13.35 is for personal expenses;

(b)a lone parent;

(b)the amount specified in head (a) of this column;

(c)one of a couple;

(c)twice the amount specified in head (a) of this column;

(d)a child or young person;

(d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2:

(e)a member of a polygamous marriage.

(e)the amount specified in head (a) 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 the Department.

(2) Any amount applicable under regulation 17(1)(f) or (g) plus £13.35.

Persons in homes for persons in need or nursing homes who become patients

16.  A claimant to whom regulation 19 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 6 weeks or less and the claimant—

(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,

16.—(a) (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 plus the amount in respect of him as an allowance for personal expenses prescribed by paragraph 12 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), or

(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 that 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 6 weeks and the patient is—

(i)a single claimant,

(b)(i)£14.70 plus any amount applicable under regulation 17(1)(f) plus either the amount prescribed in paragraph 14 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable under 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 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 12 of Schedule 4 there shall be substituted £14.70,

  • where all the children or young persons are absent from the accommodation, £14.70 plus any amounts applicable to him under regulation 17(1)(b),(c),(d)of (f) plus (if appropriate) either the amount applicable under column (2) of paragraph 14(a) or the amount applicable under regulation 17(1)(e), 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 amd th elone parent patient, the amount specified in case one of column (2) of this head 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 £14.70,

(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 16 wekks 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 6 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 12 of Schedule 4 there shall be substituted £14.70,

  • 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 this head 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 £11.75,

(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 6 weeks;

(iv)where there is no child or young person in the family, £14.70 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 14 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable under 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 12 of Schedule 4 in respect of each member there shall be substituted £14.70,

  • 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 column (2) of paragraph 1(c) or (d), as the case may be, plus either the amount applicable under column (2) of paragraph 14(a) or the amount applicable under 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 2 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 £11.75;

(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 £11.75 in respect of that child or young person.

PART 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.

14.  Persons temporarily absent from home for persons in need or nursing home

80 per cent.

15.  Persons from abroad

Nil.

Article 18(12)

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)90 per cent. of the amount applicable or, as the case may be, of the reduced 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)90 per cent. of the applicable amount.
Schedule 3, paragraph 7(1)(a) and (b)(i) and (2)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 7(4)

The weekly amount of the eligible interest is the amount calculated by the formula

Explanatory Note

(This note is not part of the Order.)

This Order, which corresponds to an Order (S.I. 1995/559) made by the Secretary of State for Social Security under section 150 of the Social Security Administration Act 1992 (c. 5), increases the rates and amounts of certain social security benefits and other sums.

Part I relates to the citation, commencement and interpretation.

Part II relates to non income-related benefits. Article 3 and Schedule 1 increase the rates of 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 (Northern Ireland) 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 11(1) and 13(2) and (3) of the Pension Schemes (Northern Ireland) 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 increased.

Article 7 increases the rate of certain workmen’s compensation 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 under the National Insurance Act (Northern Ireland) 1966.

Article 12 specifies the increases in the weekly rates of disability living allowance.

Article 13 specifies the increases in the weekly rates of child benefit and one-parent benefit.

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

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

Part III relates to income-related benefits. 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 the allowance for a claimant, child or young person which determines the appropriate maximum disability working allowance and other miscellaneous amounts.

Article 18 sets out 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 homes for persons in need and nursing homes; Article 18(10) and (11) 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 specifies the sum by which any income support of a person involved in a trade dispute is reduced.

Article 21 sets out various sums relevant to the calculation of housing benefit.

Article 22 contains transitional provisions for family credit and disability working allowance.

Article 23 contains a consequential revocation.

(1)

S.I. 1995/559

(2)

1992 c. 5; section 150 was amended by paragraph 28 of Schedule 8 to the Pension Schemes Act 1993 (c. 48) and by sections 2(3) and 9(4) of the Social Security (Incapacity for Work) Act 1994 (c. 18)

(4)

1992 c. 8: section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)

(6)

S.R. 1994 No. 461

(7)

S.R. 1995 No. 35

(12)

Section 44(4) is amended from 13th April 1995 by paragraph 11 of Schedule I to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(13)

Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 and from 13th April 1995 by paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(14)

1975 c. 15; section 120 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

(15)

S.I. 1986/1888 (N.I. 18);Article 64 was repealed by Schedule 1 to the Social Security Consequential Provisions) (Northern Ireland) Act 1992

(16)

See section 132(4) of the Social Security Administration (Northern Ireland) Act 1992 as amended by paragraph 41(c) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993. The percentage increase for the tax year 1988/1989 and subsequent tax years shall be the amount that would have been specified under this Order but for subsection (4), less the increase in the retail price index or 3%. whichever is less. The increase in the retail price index for the period under review is 2.2%

(17)

Incapacity benefit is introduced from 13th April 1995 by the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(18)

Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(19)

Child’s special allowance was abolished except for existing beneficiaries as from 6th April 1987. See section 56(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

(20)

Section 47(1) is amended from 13th April 1995 by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and section 50(2) was amended by paragraph 34 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993

(21)

Section 153(1) is amended from 6th April 1995 by Article 10(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(22)

S.R. 1987 No. 30; relevant amending regulations are S.R. 1994 No. 191

(23)

1966 c. 6 (N.I.); section 35 was repealed by the Social Security Act 1973 Cc. 38) but is continued in force by regulation 2 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 (S.R. 1978 No. 105)

(24)

S.R. 1978 No. 105; relevant amending regulations are S.R. 1989 No. 373

(25)

S.R. 1992 No. 32; relevant amending provisions are S.R. 1993 No. 340 and S.R. 1991 No. 74

(26)

S.R. 1976 No. 223; relevant amending provisions are S.R. 1977 No. 248, S.R. 1980 No. 37, S.R. 1991 No. 82, S.R. 1993 No. 169 and S.R. 1994 No. 74

(27)

S.R. 1994 No. 461

(28)

S.R. 1995 No. 35

(29)

S.R. 1987 No. 463; relevant amending provisions are S.R. 1992 No. 403, S.R. 1993 No. 373 and S.R. 1994 Nos. 74 and 77

(30)

Paragraph 19 was substituted by regulation 3(14)(a) of S.R. 1994 No. 77

(31)

S.R. 1992 No. 78; relevant amending provisions are S.R. 1993 No. 373 and S.R. 1994 Nos. 74 and 77

(32)

Paragraph 19 was substituted by regulation 2(7)(a) of S.R. 1994 No. 77

(33)

Paragraph 11(1) was substituted by regulation 16(b)(i) of S.R. 1990 No. 131

(34)

Paragraph 11(2) was substituted by regulation 7(d)(i) of S.R. 1990 No. 346 and amended by regulation 3(b) of S.R. 1992 No. 85

(35)

S.R. 1987 No. 460; relevant amending regulations are S.R. 1988 Nos. 132 and 153, S.R 1989 No. 371 and S.R. 1991 No. 341

(36)

S.R. 1987 No. 461; relevant amending provisions are S.R. 1988 No. 314. S.R. 1989 No. 125. S.R. 1990 No. 136, S.R. 1991 No. 79, S.R. 1992 Nos. 85 and 549, S.R. 1993 No. 381 and S.R. 1991 Nos. 74 and 81

(37)

Paragraph 1A was inserted by regulation 7(b) of S.R. 1988 No. 314 and amended by regulation 8 of S.R. 1989 No. 125

(38)

S.R. 1994 No. 74

(39)

Paragraphs 2 and 2A are substituted for paragraph 2 from 13th April 1995 by Article 4(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(40)

Paragraph 3 is repealed from 13th April 1995 by Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(41)

Paragraph 4 was amended by regulation 6(2) of S.R. 1994 No. 176

(42)

Paragraph 1(c) and (d) is repealed from 13th April 1995 by Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(43)

Paragraph 1A is inserted and paragraph 2 substituted from 13th April 1995 by Article 4(5) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(44)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7

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