The Social Security Benefits Up-rating Order (Northern Ireland) 1998

Part I Introduction

Citation and commencement

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 1998 and, subject to paragraphs (2) and (3), shall come into operation for the purposes of—

(a) Articles 1, 2 and 6 on 1st April 1998;

(b) Article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 1998 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(c) Article 10 on 5th April 1998;

(d) Articles 3 to 5, 9 and 11 to 13 on 6th April 1998;

(e) Articles 16, 17 and 25 on 7th April 1998;

(f) Article 7 on 8th April 1998;

(g) Articles 14, 15 and 26 on 9th April 1998;

(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 6th April 1998 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

(i) Article 21, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 6th April 1998 and, in relation to any other case, on 1st April 1998; and

(j) Articles 22 to 24, 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 6th April 1998 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.

(2) The increases made—

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

(b) by Article 22(c), in so far as it is relevant for the purposes referred to in Article 6(11),

shall take effect for each case on the date specified in relation to that case in Article 6.

(3) Any provision of this Order which is due to come into operation on the same day as any provision of the Regulations listed in paragraph (4) shall come into operation immediately after that provision of those Regulations.

(4) The Regulations referred to in paragraph (3) are—

(a) the Social Security (Non-Dependant Deductions) Regulations (Northern Ireland) 1997(1); and

(b) the Social Security (Lone Parents) (Amendment) Regulations (Northern Ireland) 1997(2).

Interpretation

2.—(1) In this Order—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3);

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993(4);

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(5);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(6);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(7);

“the Personal Allowances for Children and Young Persons Regulations” means the Income-Related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations (Northern Ireland) 1996(8).

(2) The Interpretation Act (Northern Ireland) 1954(9) shall apply to this Order as it applies to a Measure of the Assembly.

Part II Social Security Benefits and Pensions

Rates or amounts of certain benefits under the Contributions and Benefits Act

3.—(1) The sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6 so as to have effect as set out in Schedule 1.

(2) The sums mentioned in paragraph (1) 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.

Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

4.—(1) The sums specified in paragraphs (2) to (4) shall be increased from and including the respective dates specified in Article 6.

(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 3·6 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(10) (basic pension of Category A retirement pension)—

(a) for “£59·90” there shall be substituted “£62·05”; and

(b) for “£62·45” there shall be substituted “£64·70”.

(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 1997-98;

(b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(11) (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(12), Article 64 of the Social Security (Northern Ireland) Order 1986(13) or section 132 of the Administration Act,

shall in each case be increased by 3·6 per cent. of their amount apart from this Order.

Rates or amounts of certain benefits under the Pension Schemes Act

5.—(1) It is hereby directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6.

(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—

(a) 3·6 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 1987-88 and earlier tax years; and

(b) 0·6 per cent. of their amount apart from this Order where the increase under section 11(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive(14).

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), which are subject to the provisions of paragraphs (10) and (11), 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), the increases in the sums specified in Articles 3, 4 and 11 for the rates of Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 6th April 1998.

(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 short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act(15), the increases in the sums mentioned in Articles 3, 4 and 11 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 9th April 1998.

(4) The increases in the sums mentioned in Articles 4(4)(c) and 5(2) shall take effect on 6th April 1998.

(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(16), 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 6th April 1998.

(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 that Act, shall in all cases take effect on 8th April 1998.

(7) In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act(17), by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 6th April 1998.

(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance together with, where appropriate, increases for dependants, shall in all cases take effect on 9th April 1998.

(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 8th April 1998.

(10) In the case of a person who is subject to the provisions of regulations made under section 71(1)(b) of the Administration Act(18) (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) shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.

(11) The increases in the sums specified in Articles 3 and 22(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount, shall take effect—

(a) except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 6th April 1998;

(b) in a case were regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 1998,

and for the purposes of this paragraph “benefit week” has the same meaning as in the Computation of Earning Regulations.

Workmen’s compensation

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 “£37·35” there shall be substituted “£38·70”.

Earnings limits

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

(a) in paragraph (a) for “£135” there shall be substituted “£140”; and

(b) in paragraph (b) for “£17” and “£135” there shall be substituted “£18” and “£140” respectively.

Statutory sick pay

9.  In section 153(1) of the Contributions and Benefits Act (rate of payment) for “£55·70” there shall be substituted “£57·70”.

Statutory maternity pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(19) (lower rate of statutory maternity pay) for “£55·70” there shall be substituted “£57·70”.

Graduated retirement benefit

11.—(1) The sum of 8·11 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966(20) (graduated retirement benefit) shall be increased by 3·6 per cent. and accordingly the reference in that provision to that sum shall have effect as a reference to 8·4 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(21) (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 3·6 per cent. of their amount apart from this Order.

(3) The sums which are the additions under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (special provision as to graduated retirement benefit for widows and widowers) shall be increased by 3·6 per cent. of their amount apart from this Order.

Disability living allowance

12.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(22) (rate of benefit)—

(a) in paragraph (1)(a) for “£49·50” there shall be substituted “£51·30”;

(b) in paragraph (1)(b) for “£33·10” there shall be substituted “£34·30”;

(c) in paragraph (1)(c) for “£13·15” there shall be substituted “£13·60”;

(d) in paragraph (2)(a) for “£34·60” there shall be substituted “£35·85”; and

(e) in paragraph (2)(b) for “£13·15” there shall be substituted “£13·60”.

Child benefit

13.  In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976(23) (weekly rates of child benefit)—

(a) in sub-paragraph (a)(i) for “£11·05” there shall be substituted “£11·45”;

(b) in sub-paragraph (a)(ii) the sum specified is £17·10; and

(c) in sub-paragraph (b) for “£9·00” there shall be substituted “£9·30”.

Age addition to long-term incapacity benefit

14.  In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(24) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a) in sub-paragraph (a) for “£13·15” there shall be substituted “£13·60”; and

(b) in sub-paragraph (b) for “£6·60” there shall be substituted “£6·80”.

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(25) (rate of long-term incapacity benefit in transitional cases)—

(a) in sub-paragraph (a) for “£13·15” there shall be substituted “£13·60”;

(b) in sub-paragraph (b) for “£8·30” there shall be substituted “£8·60”; and

(c) in sub-paragraph (c) for “£4·15” there shall be substituted “£4·30”.

Part IIIFamily Credit, Disability Working Allowance, Income Support and Housing Benefit

Family credit

16.  In the Family Credit (General) Regulations (Northern Ireland) 1987(26)—

(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 “£77·15” there shall be substituted “£79·00”;

(d) subject to paragraph (e), in Schedule 4 (determination of maximum family credit) the sums prescribed shall be as set out in Schedule 2 to this Order; and

(e) in Schedule 4 as it has effect by virtue of regulation 10(3) of the Personal Allowances for Children and Young Persons Regulations (transitional provisions)—

(i) in paragraph 2(b) for “£19·95” there shall be substituted “£20·45”,

(ii) in paragraph 3(a) for “£24·80” there shall be substituted “£25·40”, and

(iii) in paragraph 3(b) for “£34·70” there shall be substituted “£35·55”.

Disability working allowance

17.  In the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(27)—

(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 “£57·85” there shall be substituted “£59·25”, and

(ii) in sub-paragraph (b) for “£77·15” there shall be substituted “£79·00”;

(d) subject to paragraph (e), in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be as set out in Schedule 3 to this Order; and

(e) in Schedule 5 as it has effect by virtue of regulation 10(3) of the Personal Allowances for Children and Young Persons Regulations (transitional provisions)—

(i) in paragraph 3(b) for “£19·95” there shall be substituted “£20·45”,

(ii) in paragraph 4(a) for “£24·80” there shall be substituted “£25·40”, and

(iii) in paragraph 4(b) for “£34·70” there shall be substituted “£35·55”.

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 the following provisions of this Article and Schedules 4 to 8 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Income Support Regulations bearing that number.

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

(3) The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 4 to this Order.

(4) In paragraph 3 of Part II of Schedule 2(28) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) the sum specified is £15·75; and

(b) in sub-paragraph (1)(b) for “£10·80” there shall be substituted “£11·05”.

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

(6) In paragraph 18 of Schedule 3(29) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£39·00” there shall be substituted “£45·00”;

(b) in sub-paragraph (1)(b) the sum specified is “£7·00”;

(c) in sub-paragraph (2)(a) the sum specified is “£78·00”;

(d) in sub-paragraph (2)(b) for “£13·00” there shall be substituted “£16·00” and the sums of £78·00 and £116·00 remain the same;

(e) in sub-paragraph (2)(c) for “£17·00” there shall be substituted “£22·00” and the sums of £116·00 and £152·00 remain the same;

(f) in sub-paragraph (2)(d) for “£150·00” and “£32·00” there shall be substituted “£152·00” and “£36·00” respectively and the sum of £200·00 remains the same; and

(g) in sub-paragraph (2)(e) for “£36·00” there shall be substituted “£41·00” and the sums of £200·00 and £250·00 remain the same.

(7) In paragraph 6(2) of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) for “£240·00” there shall be substituted “£247·00” and, subject to paragraph (2), those other sums relevant to the calculation of an applicable amount which are specified in that Schedule shall be as set out in Schedule 6 to this Order.

(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 7 to this Order.

(9) 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.

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(30) shall be increased by 2·4 per cent. of their amount apart from this Order.

Relevant sum for income support

20.  In section 125(7) of the Contributions and Benefits Act (trade disputes) for “£26·50” there shall be substituted “£27·00”.

Housing benefit

21.  In the Housing Benefit (General) Regulations (Northern Ireland) 1987(31)—

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

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

(i) in paragraph (1)(a)(i) for “£39·00” there shall be substituted “£45·00”,

(ii) in paragraph (2)(b) for “£13·00” there shall be substituted “£16·00”,

(iii) in paragraph (2)(c) for “£17·00” there shall be substituted “£22·00”,

(iv) in paragraph (2)(ca)(32) for “£33·00” there shall be substituted “£36·00”, and

(v) in paragraph (2)(cb) for “£36·00” there shall be substituted “£41·00”; and

(c) in paragraph 1A of Schedule 1(33) (ineligible service charges) for “£17·55”, “£17·55”, “£8·85”, “£11·65”, “£11·65”, “£5·85” and “£2·10” there shall be substituted “£17·95”, “£17·95”, “£9·05”, “£11·95”, “£11·95”, “£6·00” and “£2·15” respectively.

Part IV Jobseeker’s Allowance

Age-related amounts of contribution-based jobseeker’s allowance

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

(a) in sub-paragraph (a) for “£29·60” there shall be substituted “£30·30”;

(b) in sub-paragraph (b) for “£38·90” there shall be substituted “£39·85”; and

(c) in sub-paragraph (c) for “£49·15” there shall be substituted “£50·35”.

Applicable amounts for jobseeker’s allowance

23.—(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this Article and Schedules 9 to 13 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Jobseeker’s Allowance Regulations bearing that number.

(2) In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 16(a) of Part III of Schedule 1 and in paragraph 1(2) of Schedule 3 the sum specified is in each case £3,000.

(3) The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.

(4) In paragraph 4 of Part II of Schedule 1(34) (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) the sum specified is £15·75; and

(b) in sub-paragraph (1)(b) for “£10·80” there shall be substituted “£11·05”.

(5) The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 10 to this Order.

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

(a) in sub-paragraph (1)(a) for “£39·00” there shall be substituted “£45·00”;

(b) in sub-paragraph (1)(b) the sum specified is £7·00;

(c) in sub-paragraph (2)(a) the sum specified is £78·00;

(d) in sub-paragraph (2)(b) for “£13·00” there shall be substituted “£16·00” and the sums of £78·00 and £116·00 remain the same;

(e) in sub-paragraph (2)(c) for “£17·00” there shall be substituted “£22·00” and the sums of £116·00 and £152·00 remain the same;

(f) in sub-paragraph (2)(d) for “£150·00” and “£32·00” there shall be substituted “£152·00” and “£36·00” respectively and the sum of £200·00 remains the same; and

(g) in sub-paragraph (2)(e) for “£36·00” there shall be substituted “£41·00” and the sums of £200·00 and £250·00 remain the same.

(7) Subject to paragraph (2), those sums relevant to the calculation of an applicable amount which are specified in Schedule 3 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 11 to this Order.

(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts in special cases) shall be as set out in Schedule 12 to this Order.

(9) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 13 to this Order are the sums set out in column (2) of that Schedule.

Prescribed sum for jobseeker’s allowance

24.  In regulation 170 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£26·50” there shall be substituted “£27·00”.

Part V Transitional Provisions and Revocations

Transitional provisions

25.  Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by Articles 16 and 17, where a period of entitlement to family credit and disability working allowance is running at 7th April 1998, the rate at which it is payable shall be the weekly rate in force for the period prior to 7th April 1998 until the end of the period of entitlement.

Revocations

26.  Articles 3 to 20, 21(a) and (c)(i) and 22 to 26 of, and the Schedules to, the Social Security Benefits Up-rating Order (Northern Ireland) 1997(35) are hereby revoked.

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

L.S.

John O'Neill

Assistant Secretary

2nd March 1998.