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The Social Security Benefits Up-rating Order (Northern Ireland) 2005

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Statutory Rules of Northern Ireland

2005 No. 82

SOCIAL SECURITY

STATUTORY MATERNITY PAY; STATUTORY SICK PAY; EMPLOYMENT; HOUSING; RATES

The Social Security Benefits Up-rating Order (Northern Ireland) 2005

Made

10th March 2005

Coming into operation in accordance with Article 1

Whereas the Secretary of State has made an Order(1) under sections 150, 151 and 189(1), (4) and (5) of the Social Security Administration Act 1992(2):

Now, therefore, the Department for Social Development, in exercise of the powers conferred by sections 132 and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992(3), and now vested in it(4), and of all other powers enabling it in that behalf, hereby makes the following Order:

PART IINTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 2005 and, subject to paragraph (2), shall come into operation for the purposes of –

(a)Articles 1, 2 and 6 on 1st April 2005;

(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 2005 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 3rd April 2005, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act(5) for which purpose it shall come into operation on 11th April 2005;

(d)Article 11 on 3rd April 2005;

(e)Article 9 on 6th April 2005;

(f)Articles 3 to 5, 7, 12, 13 and 24 on 11th April 2005;

(g)Articles 14, 15 and 25 on 14th April 2005;

(h)Articles 16 to 18, 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 11th April 2005 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

(i)Articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2005, and in relation to any other case, on 1st April 2005; and

(j)Articles 21 to 23, 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 11th April 2005 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 21(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.

Interpretation

2.  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(6);

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993(7);

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(8);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(9);

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

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(11);

“the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 2003(12).

(2) The Interpretation Act (Northern Ireland) 1954(13) shall apply to this Order as it applies to an Act of the Assembly.

PART IISOCIAL 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 that Schedule 4 to the Contributions and Benefits Act (rates of benefit, etc.), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has 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 except, in –

(a)Part I, the sum specified for child’s special allowance;

(b)Part III, the sum specified for –

(i)guardian’s allowance, and

(ii)age addition to a pension of any category, and otherwise under section 79 of that Act;

(c)Part IV, the sums specified in column (2) (increase for qualifying child); and

(d)Part V, the sums specified for the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children.

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

4.—(1) The sums specified in paragraphs (2) to (5) 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 a beneficiary’s retirement allowance) shall be increased by 3·1 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(14) (basic pension of Category A retirement pension) –

(a)for “£71·15” there shall be substituted “£73·35”; and

(b)for “£79·60” there shall be substituted “£82·05”.

(4) It is hereby directed that the sums which are –

(a)the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2004-05 shall be increased by 3·1 per cent. of their amount apart from this Order;

(b)the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(15) (increase of pension where entitlement is deferred) shall be increased by 3·1 per cent. of their amount apart from this Order; 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(16), Article 64 of the Social Security (Northern Ireland) Order 1986(17) or section 132 of the Administration Act shall be increased by 3·1 per cent. of their amount apart from this Order.

(5) The sums which are shared additional pensions under section 55A of the Contributions and Benefits Act(18), and the sums which are increases in the rates of such pensions under section 55C of that Act, shall in each case be increased by 3·1 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) of that Act) shall be increased by –

(a)3·1 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(19); and

(b)0·1 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.

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), any increases in the sums specified in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 11th April 2005.

(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(20), any increases in the sums mentioned in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 14th April 2005.

(4) The increases in the sums mentioned in Articles 4(4)(c) and 5(2) shall take effect on 11th April 2005.

(5) Any increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance and widowed parent’s allowance, Category C and Category D retirement pension, child’s special allowance(21), attendance allowance and carer’s 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, shall in all cases take effect on 11th April 2005.

(6) Any increases in the sums specified for the rate of carer’s 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 13th April 2005.

(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(22), by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 11th April 2005.

(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance together with, where appropriate, any increases for dependants, shall take effect in all cases on 14th April 2005.

(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 13th April 2005.

(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(23) (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) Any increases in the sums specified in Articles 3 and 21(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 11th April 2005;

(b)in a case where 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 2005,

and for the purposes of this paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings 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 “£44·35” there shall be substituted “£47·70”.

Earnings limits

8.  In section 80(4) of the Contributions and Benefits Act(24) (earnings limits in respect of child dependency increases) –

(a)in paragraph (a) for “£165” there shall be substituted “£170”; and

(b)in paragraph (b) for “£165” and “£21” there shall be substituted “£170” and “£22” respectively.

Statutory sick pay

9.  In section 153(1) of the Contributions and Benefits Act (rate of payment) for “£66·15” there shall be substituted “£68·20”.

Statutory maternity pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(25) (prescribed rate of statutory maternity pay) for “£102·80” there shall be substituted “£106·00”.

Statutory paternity pay and statutory adoption pay

11.  In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 2002(26) –

(a)in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£102·80” there shall be substituted “£106·00”; and

(b)in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£102·80” there shall be substituted “£106·00”.

Graduated retirement benefit

12.—(1) The sum of 9·63 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966(27) (graduated retirement benefit) shall be increased by 3·1 per cent. and accordingly the reference in that provision to that sum shall have effect as a reference to 9·93 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(28) (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 3·1 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 3·1 per cent. of their amount apart from this Order.

Disability living allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(29) (rate of benefit) –

(a)in paragraph (1)(a) for “£58·80” there shall be substituted “£60·60”;

(b)in paragraph (1)(b) for “£39·35” there shall be substituted “£40·55”;

(c)in paragraph (1)(c) for “£15·55” there shall be substituted “£16·05”;

(d)in paragraph (2)(a) for “£41·05” there shall be substituted “£42·30”; and

(e)in paragraph (2)(b) for “£15·55” there shall be substituted “£16·05”.

Age addition to long-term incapacity benefit

14.  In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(30) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) –

(a)in sub-paragraph (a) for “£15·55” there shall be substituted “£16·05”; and

(b)in sub-paragraph (b) for “£7·80” there shall be substituted “£8·05”.

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(31) (rate of long-term incapacity benefit in transitional cases) –

(a)in sub-paragraph (a) for “£15·55” there shall be substituted “£16·05”;

(b)in sub-paragraph (b) for “£10·00” there shall be substituted “£10·30”; and

(c)in sub-paragraph (c) for “£5·00” there shall be substituted “£5·15”.

PART IIIINCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support

16.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations(32) shall be the sums set out in the following provisions of this Article and Schedules 2 to 5 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) and (d)(i) and paragraphs 13A(2)(a)(33) and 14(a) of Part III of Schedule 2, 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 2 to this Order.

(4) In paragraph 3 of Part II of Schedule 2(34) (applicable amounts: family premium) –

(a)in sub-paragraph (1)(a) for “£15·95” there shall be substituted “£16·10”; and

(b)in sub-paragraph (1)(b) for “£15·95” there shall be substituted “£16·10”.

(5) The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3(35) (housing costs: non-dependant deductions) –

(a)in sub-paragraph (1) the sums of £47·75 and £7·40 remain the same;

(b)in sub-paragraph (2)(a) for “£97·00” there shall be substituted “£101·00”;

(c)in sub-paragraph (2)(b) for “£97·00” and “£144·00” there shall be substituted “£101·00” and “£150·00” respectively and the sum of £17·00 remains the same;

(d)in sub-paragraph (2)(c) for “£144·00” and “£186·00” there shall be substituted “£150·00” and “£194·00” respectively and the sum of £23·35 remains the same;

(e)in sub-paragraph (2)(d) for “£186·00” and “£247·00” there shall be substituted “£194·00” and “£258·00” respectively and the sum of £38·20 remains the same; and

(f)in sub-paragraph (2)(e) for “£247·00” and “£308·00” there shall be substituted “£258·00” and “£322·00” respectively and the sum of £43·50 remains the same.

(7) 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 4 to this Order.

(8) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.

(9) In paragraph 19(b) of Schedule 9(36) (sums to be disregarded in the calculation of income other than earnings) for “£9·80” there shall be substituted “£10·55”.

Income support transitional protection

17.  Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987(37) shall be increased by 1 per cent. of their amount apart from this Order.

Relevant sum for income support

18.  In section 125(7) of the Contributions and Benefits Act (trade disputes) for “£30·00” there shall be substituted “£30·50”.

Housing benefit

19.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this Article and Schedules 6 and 7 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 Housing Benefit Regulations bearing that number.

(2) In regulations 16(b) and 17(c) and paragraphs 13A(2)(a)(38) and 14(a) of Part III of Schedule 2 the sum specified is in each case £3,000.

(3) In regulation 18(1)(39) (patients) –

(a)in sub-paragraphs (a), (b) and (d)(ii) for “£19·90” there shall be substituted “£20·50”;

(b)in sub-paragraphs (c)(i) and (d)(i) for “£15·90” there shall be substituted “£16·40”; and

(c)in sub-paragraph (c)(ii) for “£39·80” there shall be substituted “£41·00”.

(4) In regulation 21(1A)(40) (calculation of income on a weekly basis) –

(a)in sub-paragraph (a) for “£135·00” there shall be substituted “£175·00”; and

(b)in sub-paragraph (b) for “£200” there shall be substituted “£300”.

(5) In regulation 63 (non-dependant deductions) –

(a)in paragraph (1) the sums of £47·75, £6·95, £7·40 and £2·30 remain the same; and

(b)in paragraph (2) –

(i)in sub-paragraph (a) for “£97·00” there shall be substituted “£101·00”,

(ii)in sub-paragraph (b) for “£97·00” and “£144·00” there shall be substituted “£101·00” and “£150·00” respectively and the sum of £17·00 remains the same,

(iii)in sub-paragraph (c) for “£144·00” and “£186·00” there shall be substituted “£150·00” and “£194·00” respectively and the sum of £23·35 remains the same,

(iv)in sub-paragraph (ca)(41) for “£186·00” and “£247·00” there shall be substituted “£194·00” and “£258·00” respectively and the sum of £38·20 remains the same,

(v)in sub-paragraph (cb) for “£247·00” and “£308·00” there shall be substituted “£258·00” and “£322·00” respectively and the sum of £43·50 remains the same,

(vi)in sub-paragraph (d)(42) for “£144·00” there shall be substituted “£150·00”,

(vii)in sub-paragraph (e)(43) for “£144·00” and “£247·00” there shall be substituted “£150·00” and “£258·00” respectively and the sum of £4·60 remains the same, and

(viii)in sub-paragraph (f) for “£247·00” and “£308·00” there shall be substituted “£258·00” and “£322·00” respectively and the sum of £5·80 remains the same.

(6) In Schedule 1 (ineligible service charges) –

(a)in paragraph 1A(44) for “£19·85”, “£19·85”, “£10·05”, “£13·20”, “£13·20” and “£6·65” there shall be substituted “£20·05”, “£20·05”, “£10·15”, “£13·35”, “£13·35” and “£6·70” respectively and the sum of £2·45 remains the same; and

(b)in paragraph 5 –

(i)in sub-paragraph (2)(a) for “£9·80” there shall be substituted “£10·55”,

(ii)in sub-paragraph (2)(b) and (d) for “£1·20” there shall be substituted “£1·25”, and

(iii)in sub-paragraph (2)(c) for “£0·80” there shall be substituted “£0·85”.

(7) The sums specified in Part I of Schedule 2(45) (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

(8) In paragraph 3 of Part II of Schedule 2(46) (applicable amounts: family premium) –

(a)in sub-paragraph (1)(a) the sum of £22·20 remains the same;

(b)in sub-paragraph (1)(b) for “£15·95” there shall be substituted “£16·10”; and

(c)in sub-paragraph (1A) the sum of £10·50 remains the same.

(9) The sums specified in Part IV of Schedule 2(47) (applicable amounts: amounts of premiums) shall be as set out in Schedule 7 to this Order.

(10) In paragraph 16(1) and (3)(c) of Schedule 3(48) (sums to be disregarded in the calculation of earnings) for “£12·32” there shall be substituted “£14·50”.

(11) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) –

(a)in paragraph 22(b)(49) for “£9·80” there shall be substituted “£10·55”; and

(b)in paragraph 61(50) for “£12·32” there shall be substituted “£14·50”.

Housing benefit for certain persons over the qualifying age for state pension credit

20.—(1) This Article applies to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(51) (“the 2003 Regulations”) applies and references in this Article to the Housing Benefit Regulations are to those Regulations as modified by the 2003 Regulations in their application to those persons.

(2) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this Article and Schedules 8 and 9 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 Housing Benefit Regulations bearing that number.

(3) In regulation 16(3)(a)(52) (applicable amounts) “20 per cent.” remains the same.

(4) In regulation 26(3) (calculation of income on a weekly basis) –

(a)in sub-paragraph (a) for “£135·00” there shall be substituted “£175·00”; and

(b)in sub-paragraph (b) for “£200” there shall be substituted “£300”.

(5) The sums specified in Part I of Schedule 2A(53) (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(6) In paragraph 3 of Part II of Schedule 2A (applicable amounts: family premium) –

(a)in sub-paragraph (1) for “£15·95” there shall be substituted “£16·10”; and

(b)in sub-paragraph (2) the sum of £10·50 remains the same.

(7) The sums specified in Part IV of Schedule 2A (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 9 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 3A(54) (sums disregarded from claimant’s earnings) for “£12·32” there shall be substituted “£14·50”.

(9) In paragraph 22 of Schedule 4A(55) (amounts to be disregarded in the calculation of income other than earnings) for “£12·32” there shall be substituted “£14·50”.

PART IVJOBSEEKER'S ALLOWANCE

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

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

(a)in sub-paragraph (a) for “£33·50” there shall be substituted “£33·85”;

(b)in sub-paragraph (b) for “£44·05” there shall be substituted “£44·50”; and

(c)in sub-paragraph (c) for “£55·65” there shall be substituted “£56·20”.

Applicable amounts for jobseeker’s allowance

22.—(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations(56) shall be the sums set out in the following provisions of this Article and Schedules 10 to 15 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) and (d)(i) and paragraphs 15A(2)(a)(57) and 16(a) of Part III of Schedule 1 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 10 to this Order.

(4) In paragraph 4 of Part II of 7(58) (applicable amounts: family premium) –

(a)in sub-paragraph (1)(a) for “£15·95” there shall be substituted “£16·10”; and

(b)in sub-paragraph (1)(b) for “£15·95” there shall be substituted “£16·10”.

(5) The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 11 to this Order.

(6) The sums specified in Part IVB of Schedule 1(59) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 12 to this Order.

(7) In paragraph 17 of Schedule 2(60) (housing costs: non-dependant deductions) –

(a)in sub-paragraph (1) the sums of £47·75 and £7·40 remain the same;

(b)in sub-paragraph (2)(a) for “£97·00” there shall be substituted “£101·00”;

(c)in sub-paragraph (2)(b) for “£97·00” and “£144·00” there shall be substituted “£101·00” and “£150·00” respectively and the sum of £17·00 remains the same;

(d)in sub-paragraph (2)(c) for “£144·00” and “£186·00” there shall be substituted “£150·00” and “£194·00” respectively and the sum of £23·35 remains the same;

(e)in sub-paragraph (2)(d) for “£186·00” and “£247·00” there shall be substituted “£194·00” and “£258·00” respectively and the sum of £38·20 remains the same; and

(f)in sub-paragraph (2)(e) for “£247·00” and “£308·00” there shall be substituted “£258·00” and “£322·00” respectively and the sum of £43·50 remains the same.

(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 13 to this Order.

(9) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4A(61) (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 14 to this Order.

(10) In paragraph 20(b) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “£9·80” there shall be substituted “£10·55”.

(11) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.

Prescribed sum for jobseeker’s allowance

23.  In regulation 170 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£30·00” there shall be substituted “£30·50”.

PART VSTATE PENSION CREDIT

State pension credit

24.—(1) The sums as specified in the State Pension Credit Regulations shall be the sums set out in the following provisions of this Article and Schedule 16 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 State Pension Credit Regulations bearing that number.

(2) In regulation 6 (amount of the guarantee credit) –

(a)in paragraph (1)(a) for “£160·95” there shall be substituted “£167·05”;

(b)in paragraph (1)(b) for “£105·45” there shall be substituted “£109·45”;

(c)in paragraph (5)(a) for “£44·15” there shall be substituted “£45·50”;

(d)in paragraph (5)(b) for “£88·30” there shall be substituted “£91·00”; and

(e)in paragraph (8) for “£25·55” there shall be substituted “£25·80”.

(3) In regulation 7 (savings credit) –

(a)in paragraph (1)(a), (b) and (c) “60 per cent.”, “60 per cent.” and “40 per cent.” respectively remain the same; and

(b)in paragraph (2) for “£79·60” and “£127·25” there shall be substituted “£82·05” and “£131·20” respectively.

(4) In paragraph 14 of Schedule 2 (housing costs: persons residing with the claimant) –

(a)in sub-paragraph (1) the sums of £47·75 and £7·40 remain the same;

(b)in sub-paragraph (2)(a)(62) for “£97·00” there shall be substituted “£101·00”;

(c)in sub-paragraph (2)(b) for “£97·00” and “£144·00” there shall be substituted “£101·00” and “£150·00” respectively and the sum of £17·00 remains the same;

(d)in sub-paragraph (2)(c) for “£144·00” and “£186·00” there shall be substituted “£150·00” and “£194·00” respectively and the sum of £23·35 remains the same;

(e)in sub-paragraph (2)(d) for “£186·00” and “£247·00” there shall be substituted “£194·00” and “£258·00” respectively and the sum of £38·20 remains the same; and

(f)in sub-paragraph (2)(e) for “£247·00” and “£308·00” there shall be substituted “£258·00” and “£322·00” respectively and the sum of £43·50 remains the same.

(5) In Schedule 3 (special groups) –

(a)in paragraph 1 (polygamous marriages) –

(i)in sub-paragraph (5), which substitutes regulation 6(1), for “£160·95” and “£55·50” there shall be substituted “£167·05” and “£57·60” respectively, and

(ii)in sub-paragraph (7), which substitutes regulation 7(2), for “£127·25” there shall be substituted “£131·20”; and

(b)in paragraph 2(2)(a)(63) (further provisions in the case of patients) “20 per cent.” remains the same.

(6) The sums specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 16 to this Order are the sums set out in column (2) of that Schedule.

PART VIREVOCATION

Revocation

25.  The Social Security Benefits Up-rating Order (Northern Ireland) 2004(64) is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 10th March 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Article 3(1)

SCHEDULE 1PROVISIONS OF SCHEDULE 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

2.  Short-term incapacity benefit

(a)lower rate £57·65

(b)higher rate £68·20.

2A.  Long-term incapacity benefit.

£76·45.

5.  Category B retirement pension where section 48A(3) applies.

£49·15.

6.  Child’s special allowance.

£11·35.

PART II(65)BEREAVEMENT PAYMENT

Bereavement payment.£2,000·00

PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefitWeekly rate

1.  Attendance allowance.

(a)higher rate ... ... ... ...£60·60

(b)lower rate ... ... ... ...£40·55

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

2.  Severe disablement allowance.

£46·20.

3.  Age related addition.

(a)higher rate ... ... ... ...£16·05

(b)middle rate ... ... ... ...£10·30

(c)lower rate ... ... ... ...£5·15

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

4.  Carer’s allowance.

£45·70.

6.  Category C retirement pension.

(a)lower rate ... ... ... ...£29·40

(b)higher rate ... ... ... ...£49·15

  • (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)
££

1A.  Short-term incapacity benefit –

(a)where the beneficiary is under pensionable age

11·3535·65

(b)where the beneficiary is over pensionable age.

11·3543·95

2.  Long-term incapacity benefit.

11·3545·70

3.  Maternity allowance.

35·65

4.  Widowed mother’s allowance.

11·35

4A.  Widowed parent’s allowance

11·35

5.  Category A or B retirement pension.

11·3549·15

6.  Category C retirement pension.

11·3529·40

7.  Child’s special allowance.

11·35

8.  Severe disablement allowance.

11·3527·50

9.  Carer’s allowance.

11·3527·30

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)(2)(3)
Per cent.££
100123·8075·85
90111·4268·27
8099·0460·68
7086·6653·10
6074·2845·51
5061·9037·93
4049·5230·34
3037·1422·76
2024·7615·17

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

(a)except in cases of exceptionally severe disablement ... ... ... ...£49·60

(b)in any case of exceptionally severe disablement ... ... ... ...£99·20

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

£49·60

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 ... ... ... ...£123·80

(b)for any period during which the beneficiary is not over the age of 18 and not so entitled ... ... ... ...£75·85

5.  Unemployability supplement under paragraph 2 of Schedule 7.

£76·45

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 ... ... ... ...£16·05

(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 ... ... ... ...£16·05

(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 ... ... ... ...£10·30

(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 ... ... ... ...£10·30

(e)in any other case ... ... ... ...£5·15

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

£11·35

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

£45·70

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

£8,230·00

10.  Widow’s pension (weekly rates).

(a)initial rate ... ... ... ...£57·65

(b)higher permanent rate ... ... ... ...£82·05

(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).

£82·05

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

In respect of each qualifying child ... ... ... ...£11·35.

Article 16(3)

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

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;

(a)£33·85;

(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;

(b)£44·50;

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

(c)£44·50;

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

(d)£44·50;

(e)not less than 25.

(e)£56·20.

(2) Lone parent aged –

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

(a)£33·85;

(b)less than 18 who falls within any of the circumstances specified in paragraph 1A;

(b)£44·50;

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

(c)£44·50;

(d)not less than 18.

(d)£56·20.

(3) Couple –

(a)where both members are 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 have qualified for income support under regulation 4ZA,

(iii)the claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), or

(iv)there is in force in respect of the claimant’s partner a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship);

(a)£67·15;

(b)where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;

(b)£44·50;

(c)where both members are aged less than 18 and heads (a) and (b) do not apply;

(c)£33·85;

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

(d)£88·15;

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

(i)qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple,

(ii)satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, or

(iii)is the subject of a direction under Article 18 of the Jobseekers Order;

(e)£88·15;

(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who –

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple,

(ii)does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

(iii)is not the subject of a direction under Article 18 of the Jobseekers Order;

(f)£44·50;

(g)where the claimant is aged not less than 25 and his partner is a person under 18 who –

(i)would not qualify for income support under regulation 4ZA if he were not a member of a couple,

(ii)does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order, and

(iii)is not the subject of a direction under Article 18 of the Jobseekers Order.

(g)£56·20.

2.(1) The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), 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 in respect of the period –

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£43·88;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)£43·88.

Article 16(5)

SCHEDULE 3PART 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.  

(1A) Bereavement Premium.

(1A) £25·85.

(2) (66) Pensioner Premium for persons to whom paragraph 9 applies.

(2) £78·90.

(2A) Pensioner Premium for persons to whom paragraph 9A applies.

(2A) £78·90.

(3) Higher pensioner premium for persons to whom paragraph 10 applies.

(3) £78·90.

(4) Disability Premium –

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

(a)£23·95;

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

(b)£34·20.

(5) (67) Severe Disability Premium –

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

(a)£45·50;

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

(b)

(i)if there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A),

(i)£45·50,

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

(ii)£91·00.

(6) Disabled Child Premium.

(6) £43·89 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(7) (68) Carer Premium.

(7) £25·80 in respect of each person who satisfies the condition specified in paragraph 14ZA.

(8) (69) Enhanced disability premium where the conditions in paragraph 13A are satisfied.

(8) (a) £17·71 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)£11·70 in respect of each person who is neither –

(i)a child or young person, nor

(ii)a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

(c)£16·90 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

Article 16(7)

SCHEDULE 4INCOME SUPPORT: APPLICABLE 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 and 3, a person who has been a patient for a period of more than 52 weeks and who is –

(b)a lone parent;

(b)£20·50 plus any amounts applicable to him under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2 (applicable amounts);

(c)a member of a couple –

(c)

(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,

(i)the amount applicable in respect of both of them under regulation 17(1) (applicable amounts) reduced by £16·40,

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

(ii)£41·00 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2;

(d)a member of a polygamous marriage –

(d)

(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,

(i)the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £16·40 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 £20·50 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h), or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2.

2.  A single claimant who has been a patient for a continuous period of more than 52 weeks, where –

(a)the following conditions are satisfied –

(i)a person has been appointed to actthe views of the hospital staff and the for him under regulation 33 of patient’s relatives if available as to the the Social Security (Claims andamount necessary for his personal use; or Payments) Regulations (Northern Ireland) 1987(70) (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 £16·40 as is reasonable having regard to

(b)those conditions are not satisfied.

(b)£16·40.

2A.  A single claimant who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986(71) and who immediately before his detention under that Order was a prisoner.

2A.  £16·40.

(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 paragraph shall be £16·40 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

(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

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

(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 £16·40

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 7Specified Sum

7.  Members of religious orders

Nil.

8.  Prisoners

Nil.

15.  (72)Persons from abroad

Nil.

Article 16(8)

SCHEDULE 5OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

Column (1)Column (2)
Provisions in Income Support RegulationsSpecified Sum
Regulation 22A(1)(73)Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified 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)(d)(74)90 per cent. of the applicable amount.
Schedule 3(75), paragraph 6(1)(b)Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).
Schedule 3, paragraph 6(1)(c)Nil.
Schedule 3, paragraph 7(8)100 per cent. of the eligible interest.
Schedule 3, paragraph 8(1)(b)Nil.
Schedule 3, paragraph 10

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

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

The appropriate amount shall be a sum determined by applying the formula

P × Q.

Schedule 3, paragraph 11(11)

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

Schedule 3, paragraph 12(2)The standard rate shall be 1·58 per cent. plus the appropriate rate under head (a) or (b) as the case may be.
Schedule 3, paragraph 12(4)(a) and (5)(a)5 per cent.
Schedule 3, paragraph 12(6)5middot;88 per cent.

Article 19(7)

SCHEDULE 6PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IPERSONAL ALLOWANCES

1.  The amounts specified in column (2) 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) –

Column (1)Column (2)
Person or CoupleAmount

(1) Single claimant aged –

(b)less than 25;

(b)£44·50;

(c)not less than 25.

(c)£56·20.

(2) Lone parent aged –

(a)less than 18;

(a)£44·50;

(b)not less than 18.

(b)£56·20.

(3) Couple –

(a)where both members are aged less than 18;

(a)£67·15;

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

(b)£88·15.

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

Column (1)Column (2)
Child or young personAmount
Person in respect of the period –

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£43·88;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)£43·88.

Article 19(9)

SCHEDULE 7PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount

15.  

(1A) Bereavement Premium.

(1A) £25·85.

(2) Pensioner Premium for persons aged under 75 –

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

(a)£53·25;

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

(b)£78·90.

(3) Pensioner Premium for persons aged 75 and over –

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

(a)£53·25;

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

(b)£78·90.

(4) Higher Pensioner Premium –

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

(a)£53·25;

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

(b)£78·90.

(5) Disability Premium –

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

(a)£23·95;

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

(b)£34·20.

(6) (76) Severe Disability Premium –

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

(a)£45·50;

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

(b)

(i)in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);

(i)£45·50;

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

(ii)£91·00.

(7) Disabled Child Premium.

(7) £43·89 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.

(8) Carer Premium.

(8) £25·80 in respect of each person who satisfies the condition specified in paragraph 14ZA.

(9) (77) Enhanced Disability Premium where the conditions in paragraph 13A are satisfied.

(9) (a) £17·71 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

(b)£11·70 in respect of each person who is neither –

(i)a child or young person, nor

(ii)a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 13A are satisfied;

(c)£16·90 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.

Article 20(5)

SCHEDULE 8PART I OF SCHEDULE 2A(78) TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IPERSONAL ALLOWANCES

1.  The amount specified in column (2) in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 16 –

Column (1)Column (2)
Person, couple or polygamous marriageAmount

(1) Single claimant aged –

(a)under 65;

(a)£109·45;

(b)65 or over.

(b)£125·90.

(2) Couple –

(a)both members aged under 65;

(a)£167·05;

(b)one member or both members aged 65 or over.

(b)£188·60.

(3) If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65 –

(a)for the claimant and the other party to the marriage;

(a)£167·05;

(b)for each additional spouse who is a member of the same household as the claimant.

(b)£57·60.

(4) If the claimant is a member of a polygamous marriage and one or more members are aged 65 or over –

(a)for the claimant and the other party to the marriage;

(a)£188·60;

(b)for each additional spouse who is a member of the same household as the claimant.

(b)£62·70.

2.(1) The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 16(1)(b) –

Column (1)Column (2)
Child or young personAmount
Person in respect of the period –

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£43·88;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)£43·88.

Article 20(7)

SCHEDULE 9PART IV OF SCHEDULE 2A TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IVAMOUNTS OF PREMIUM SPECIFIED IN PART III

PremiumAmount

12.  

(1) Severe Disability Premium –

(a)where the claimant satisfies the condition in paragraph 6(2)(a);

(a)£45·50;

(b)where the claimant satisfies the condition in paragraph 6(2)(b) –

(b)

(i)in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);

(i)£45·50;

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

(ii)£91·00.

(2) Enhanced Disability Premium.

(2) £17·71 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied;

(3) Disabled Child Premium.

(3) £43·89 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.

(4) Carer Premium.

(4) £25·80 in respect of each person who satisfies the condition specified in paragraph 9.

Article 22(3)

SCHEDULE 10PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

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 83, 84(1), 86A and 86B (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;

(a)£33·85;

(b)less than 18 who falls within regulation 57(2) and who –

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(b)£44·50;

(c)less than 18 who satisfies the condition in paragraph 13(a) of Part III;

(c)£44·50;

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

(d)£44·50;

(e)not less than 25.

(e)£56·20.

(2) Lone parent aged –

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

(a)£33·85;

(b)less than 18 who falls within regulation 57(2) and who –

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(b)£44·50;

(c)less than 18 who satisfies the condition in paragraph 13(a) of Part III;

(c)£44·50;

(d)not less than 18.

(d)£56·20.

(3) Couple –

(a)where both members are 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 have been a person to whom regulation 59, 60 or 61 applied;

(iii)had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it;

(iv)they are married and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62;

(iva)they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies;

(v)there is a direction under Article 18 of the Order in respect of each member;

(vi)there is a direction under Article 18 of the Order in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies, or

(vii)there is a direction under Article 18 of the Order in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

(a)£67·15;

(b)where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within regulation 57(2) and either –

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(b)£44·50;

(c)where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple –

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order;

(c)£33·85;

(d)where both members are aged less than 18 and head (a), (b) or (c) of sub-paragraph (3) does not apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);

(d)£44·50;

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

(e)£88·15;

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

(i)is a person to whom regulation 59, 60 or 61 applies, or

(ii)is the subject of a direction under Article 18 of the Order, and

(iii)satisfies requirements for entitlement to income support other than the requirement to make a claim for it;

(f)£88·15;

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

(i)to whom none of regulations 59 to 61 applies, or

(ii)who is not the subject of a direction under Article 18 of the Order, and

(iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;

(g)£44·50;

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

(i)to whom none of regulations 59 to 61 applies, or

(ii)who is not the subject of a direction under Article 18 of the Order, and

(iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.

(h)£56·20.

2.(1) The weekly amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

Column (1)Column (2)
Child or young personAmount
Person in respect of the period –

(a)beginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;

(a)£43·88;

(b)beginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.

(b)£43·88.

Article 22(5)

SCHEDULE 11PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

PremiumAmount

20.  

(1A) Bereavement Premium.

(1A) £25·85.

(2) Pensioner Premium for persons aged over 60 –

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

(a)£53·25;

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

(b)£78·90;

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

(c)£78·90.

(3) Pensioner Premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.

(3) £78·90.

(4) Higher Pensioner Premium –

(a)where the claimant satisfies the condition in paragraph 12(1)(a);

(a)£53·25;

(b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c).

(b)£78·90.

(5) Disability Premium –

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

(a)£23·95;

(b)where the claimant satisfies the condition in paragraph 13(b) or (c).

(b)£34·20.

(6) Severe Disability Premium –

(a)where the claimant satisfies the condition in paragraph 15(1);

(a)£45·50;

(b)where the claimant satisfies the condition in paragraph 15(2) –

(b)

(i)if there is someone in receipt of a carer’s allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);

(i)£45·50;

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

(ii)£91·00.

(7) Disabled Child Premium.

(7) £43·89 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.

(8) Carer Premium.

(8) £25·80 in respect of each person who satisfied the condition specified in paragraph 17.

(9) (79) Enhanced disability premium where the conditions in paragraph 15A are satisfied.

(9) (a) £17·71 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;

(b)£11·70 in respect of each person who is neither –

(i)a child or young person, nor

(ii)a member of a couple or a polygamous marriage,

in respect of whom the conditions specified in paragraph 15A are satisfied;

(c)£16·90 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.

Article 22(6)

SCHEDULE 12PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IVB(80)WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

PremiumAmount

20M.  

(1) Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.

(1) £78·90.

(2) Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.

(2) £78·90.

(3) Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G.

(3) £34·20.

(4) Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1) –

(i)if there is someone in receipt of a carer’s allowance or if either member satisfies that condition only by virtue of paragraph 20I(4);

(i)£45·50;

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

(ii)£91·00.

(5) Carer Premium.

(5) £25·80 in respect of each person who satisfied the condition specified in paragraph 20J.

(6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied.

(6) £16·90 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.

Article 22(8)

SCHEDULE 13JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES

PART IPROVISIONS IN SCHEDULE 4 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

Column (1)Column (2)
Person other than claimant who is a patient

1.  Subject to paragraphs 2 and 15, a person who has been a patient for more than 52 weeks and who is –

(a)a member of a couple and the other member is the claimant, or

(a)The applicable amount for a couple under regulation 83 reduced by £16·40;

(b)a member of a polygamous marriage and the claimant is a member of the marriage but not a patient.

(b)the applicable amount under regulation 84 (polygamous marriages) reduced by £16·40 in respect of each member who is a patient.

2.—(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 £16·40 instead of an amount determined in accordance with paragraph 2 of Schedule 1, or

2.—(a) The amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in column (1) shall be

(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. accordance with paragraph 2 of Schedule 1.

(b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in column (1) shall be £16·40 instead of an amount determined in

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

Paragraph in Schedule 4Specified Sum

4.  Members of religious orders

Nil.

14.  Persons from abroad

Nil.

Article 22(9)

SCHEDULE 14JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES

PART IPROVISIONS IN SCHEDULE 4A(81) TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

Column (1)Column (2)
Patients

1.  A joint-claim couple where one member –

(a)has been a patient for more than 52 weeks;

(a)The applicable amount under regulation 86A reduced by £16·40;

(b)is a member of a polygamous marriage and another member of that marriage who is not a joint-claimant has been a patient for more than 52 weeks.

(b)The applicable amount under regulation 86B reduced by £16·40 in respect of each member of the polygamous marriage who is a patient.

PART IIOTHER SUM SPECIFIED IN SCHEDULE 4A TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

Column (1)Column (2)

3.  Members of religious orders

3.  Nil

Article 22(11)

SCHEDULE 15OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS

Column (1)Column (2)
Provisions in Jobseeker’s Allowance RegulationsSpecified Sum
Regulation 145(1)(82)Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 146G(1)(83)Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 148(1)(a)(i)(84)90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 148(1)(d)90 per cent. of the applicable amount.
Regulation 148A(1)(a)(i)(85)90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 148A(1)(d)90 per cent. of the applicable amount.
Schedule 2, paragraph 6(1)(b)Half the amount which would fall to be met by applying the provisions of sub-paragraph (a).
Schedule 2, paragraph 6(1)(c)Nil.
Schedule 2, paragraph 7(1)(b)Nil.
Schedule 2, paragraph 9(86)

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

Schedule 2, paragraph 10(4)£100,000.
Schedule 2, paragraph 10(6)(a)

The appropriate amount shall be a sum determined by applying the formula

P × Q.

Schedule 2, paragraph 10(10)

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

Schedule 2, paragraph 11(2)(87)The standard rate shall be 1·58 per cent. plus the appropriate rate under head (a) or (b) as the case may be.
Schedule 2, paragraph 11(4)(a) and (5)(a)5 per cent.
Schedule 2, paragraph 11(6)5middot;88 per cent.

Article 24(6)

SCHEDULE 16OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

Column (1)Column (2)
Provisions in State Pension Credit RegulationsSpecified Sum
Regulation 6(3)(a)Nil.
Regulation 6(3)(b)Nil.
Regulation 7(3)Nil.
Schedule 2, paragraph 7(1)

The weekly amount of housing costs shall be calculated by applying the formula

Schedule 2, paragraph 8(2)£100,000.
Schedule 2, paragraph 8(4)(a)

The sum shall be determined by applying the formula

P × Q.

Schedule 2, paragraph 8(8)

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

Schedule 2, paragraph 9(2)(88)The standard rate shall be 1·58 per cent. plus the appropriate rate under head (a) or (b) as the case may be.
Schedule 2, paragraph 9(4)(a) and (5)(a)5 per cent.
Schedule 2, paragraph 9(6)5middot;88 per cent.

Explanatory Note

(This note is not part of the Order.)

This Order, which corresponds to an Order (S.I. 2005/522) made by the Secretary of State for Work and Pensions under section 150 of the Social Security Administration Act 1992, increases the rates and amounts of certain social security benefits and other sums.

Part I relates to citation, commencement, effect and interpretation.

Part II relates to non income-related benefits other than jobseeker’s allowance.

Article 3 and Schedule 1 increase the rates of benefits and increases of benefit (except those referred to in Article 3(2)) 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) 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 increases the rate of statutory sick pay.

Article 10 specifies the rate of statutory maternity pay.

Article 11 specifies the rates of statutory paternity pay and statutory adoption pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the rates of disability living allowance.

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

Article 15 increases the rates of transitional invalidity allowance in long-term incapacity benefit cases.

Part III relates to income support and housing benefit.

Article 16 sets out the sums relevant to the applicable amount for the purposes of income support. Article 16(3) and Schedule 2 set out the personal allowances; Article 16(4) and (5) and Schedule 3 set out the premiums; Article 16(7) and Schedule 4 set out the amounts relevant to special cases; and Article 16(8) and Schedule 5 set out other miscellaneous amounts.

Article 17 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 18 increases the sum by which any income support of a person involved in a trade dispute is reduced.

Article 19 sets out the sums relevant to the applicable amount for the purposes of housing benefit. Article 19(7) and Schedule 6 set out the personal allowances and Article 19(8) and (9) and Schedule 7 set out the premiums.

Article 20 sets out the sums relevant to the applicable amount for the purposes of housing benefit for certain persons over the qualifying age for state pension credit. Article 20(5) and Schedule 8 set out the personal allowances and Article 20(6) and (7) and Schedule 9 set out the premiums.

Part IV relates to jobseeker’s allowance.

Article 21 increases the age-related amounts of contribution-based jobseeker’s allowance.

Article 22 sets out the sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 22(3) and Schedule 10 set out the personal allowances; Article 22(4) and (5) and Schedule 11 set out the premiums; Article 22(6) and Schedule 12 set out the amounts of premiums relevant to joint-claim couples; Article 22(8) and Schedule 13 set out the amounts relevant to special cases; Article 22(9) and Schedule 14 set out the amounts relevant to joint-claim couples in special cases; and Article 22(11) and Schedule 15 set out other miscellaneous amounts.

Article 23 increases the sum by which any income-based jobseeker’s allowance of a person involved in a trade dispute is reduced.

Part V relates to state pension credit.

Article 24 and Schedule 16 specify sums relevant to state pension credit.

Part VI relates to a revocation.

Article 25 makes a consequential revocation.

This Order imposes no new costs on business.

(3)

1992 c. 8; section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(4)

See Article 8(b) of S.R. 1999 No. 481

(5)

Section 35A was inserted by Article 50(3) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and subsection (1) was substituted by section 4(1)(a) of the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.))

(12)

S.R. 2003 No. 28; relevant amending rules are S.R. 2003 Nos. 261 and 421 and S.R. 2004 Nos. 82 and 461

(14)

Section 44(4) was substituted by Article 64 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

(15)

Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993, paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), paragraph 18(12) to (18) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and section 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

(16)

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

(17)

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

(18)

Sections 55A and 55C were inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; section 55A was amended by section 37(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(19)

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; see also the Guaranteed Minimum Pensions Increase Order (Northern Ireland) 2005 (S.R. 2005 No. 81)

(20)

Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraph 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and paragraph 21 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(21)

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

(22)

Section 47(1) was amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; see also regulation 23 of S.R. 1995 No. 35; section 48C was inserted by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and amended by paragraph 6 of Schedule 8 and paragraph 11 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and sections 33(12) and 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(23)

Section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

(24)

Section 80 was repealed by Schedule 6 to the Tax Credits Act 2002 (c. 21); see also Article 2 of S.R. 2003 No. 212 which saves the repealed provision in certain circumstances

(25)

S.R. 1987 No. 30; regulation 6 was substituted by regulation 2(3) of S.R. 2002 No. 354

(26)

S.R. 2002 No. 380; relevant amending rules are S.R. 2004 Nos. 82 and 111

(27)

1966 c. 6 (N.I.); sections 35 and 36 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 2 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 (S.R. 1978 No. 105)

(28)

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

(29)

S.R. 1992 No. 32; relevant amending rules are S.R. 1993 No. 340 and S.R. 2004 No. 82

(30)

S.R. 1994 No. 461; relevant amending rule is S.R. 2004 No. 82

(31)

S.R. 1995 No. 35; relevant amending rule is S.R. 2004 No. 82

(32)

See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit

(33)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367 and amended by regulation 24(5)(f) of S.R. 2003 No. 191 and regulation 3(3) of S.R. 2003 No. 261

(34)

Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318, regulation 5(4)(a) of S.R. 1996 No. 288 and regulation 8 of S.R. 1998 No. 112

(35)

Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18 was amended by regulation 2(3)(j) of S.R. 1995 No. 434, regulation 3 of S.R. 1997 No. 3, regulation 3 of S.R. 1997 No. 165, Article 7(2) of S.R. 1999 No. 472 (C. 36) and regulation 24(6)(e) of S.R. 2003 No. 191

(36)

Paragraph 19 was substituted by regulation 4(9)(b) of S.R. 1994 No. 77 and amended by regulation 2(12)(c) of S.R. 1995 No. 86

(37)

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

(38)

Paragraph 13A was inserted by regulation 3(b)(ii) of S.R. 2000 No. 367 and amended by regulation 4(5) of S.R. 2003 No. 261

(39)

Regulation 18(1) was amended by regulation 7(c) of S.R. 1996 No. 448 and regulation 4(3) of S.R. 2003 No. 261

(40)

Paragraph (1A) was inserted by regulation 2(3) of S.R. 1997 No. 515 and amended by regulation 2 of S.R. 2001 No. 259

(41)

Sub-paragraphs (ca) and (cb) were inserted by regulation 2(b) of S.R. 1997 No. 3

(42)

Sub-paragraph (d) was added by regulation 7(b)(iii) of S.R. 1992 No. 549

(43)

Sub-paragraphs (e) and (f) were added by regulation 2(c) of S.R. 1997 No. 3

(44)

Paragraph 1A was inserted by regulation 7(b) of S.R. 1988 No. 314 and sub-paragraphs (2) and (3) were amended by regulation 14 of S.R. 1997 No. 22

(45)

Part I was substituted by Schedule 1 to S.R. 1998 No. 73 and amended by regulation 2(1)(b) of S.R. 1999 No. 382

(46)

In paragraph 3 sub-paragraph (1) was amended by regulation 6(a) of S.R. 1997 No. 4, regulation 5(a) of S.R. 1998 No. 112 and paragraph 9(a) of Schedule 2 to S.R. 2003 No. 1 and sub-paragraph (1A) was inserted by paragraph 9(b) of Schedule 2 to S.R. 2003 No. 1

(47)

Part IV was substituted by Schedule 2 to S.R. 1998 No. 73 and amended by regulation 4(2)(c) of S.R. 2000 No. 260, regulation 3(b)(iii) of S.R. 2000 No. 367 and paragraph 1 of the Schedule to S.R. 2002 No. 323

(48)

Paragraph 16 was substituted by paragraph 10 of Schedule 2 to S.R. 2003 No. 1 and amended by regulation 2(a) of S.R. 2003 No. 196 and regulation 2(2) of S.R. 2004 No. 47

(49)

Paragraph 22 was substituted by regulation 11(a) of S.R. 1994 No. 88

(50)

Paragraph 61 was substituted by regulation 4 of S.R. 1996 No. 93, and amended by regulation 6 of S.R. 1999 No. 298, paragraph 11(b) of Schedule 2 to S.R. 2003 No. 1, regulation 2(b) of S.R. 2003 No. 196, regulation 3(3) of S.R. 2003 No. 338 and regulation 2(3) of S.R. 2004 No. 47

(51)

S.R. 2003 No. 197; relevant amending regulations are S.R. 2003 Nos. 261 and 418

(52)

Regulation 16(3)(a) was amended by regulation 4(2)(b) of S.R. 2003 No. 261

(53)

Schedule 2A was inserted by regulation 6(2) of S.R. 2003 No. 197

(54)

Schedule 3A was inserted by paragraph 1(a) of Schedule 2 to S.R. 2003 No. 197 and paragraph 9 was amended by regulation 2(14)(a) of S.R. 2003 No. 418

(55)

Schedule 4A was inserted by paragraph 1(b) of Schedule 2 to S.R. 2003 No. 197 and paragraph 22 was amended by regulation 2(14)(b)(ii) of S.R. 2003 No. 418

(56)

See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit

(57)

Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367 and amended by regulation 5(3) of S.R. 2003 No. 261

(58)

Paragraph 4 was amended by regulation 9(4)(a) of S.R. 1996 No. 288 and regulation 10 of S.R. 1998 No. 112

(59)

Part IVB was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350 and amended by regulation 4(c)(vi) of S.R. 2000 No. 367, regulation 2(7) of S.R. 2001 No. 120 and paragraph 1 of the Schedule to S.R. 2002 No. 323

(60)

Sub-paragraphs (1) and (2) were amended by regulation 3 of S.R. 1997 No. 3, Article 9(5)(l) of S.R. 1999 No. 428 (C. 32) and regulation 32(c) of S.R. 2003 No. 191

(61)

Schedule 4A was inserted by paragraph 57 of Schedule 2 to S.R. 2000 No. 350

(62)

Sub-paragraph (2) was amended by regulation 2(9)(b) of S.R. 2003 No. 421

(63)

Paragraph 2(2)(a) was amended by regulation 7(3)(b)(i) of S.R. 2003 No. 261

(65)

Part II was substituted by Article 51(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(66)

Sub-paragraphs (2), (2A) and (3) were substituted by regulation 24(5)(g) of S.R. 2003 No. 191

(67)

Sub-paragraph (5) was amended by regulation 30(e) of S.R. 1988 No. 146 and paragraph 1 of the Schedule to S.R. 2002 No. 323

(68)

Sub-paragraph (7) was added by regulation 6(e) of S.R. 1990 No. 346

(69)

Sub-paragraph (8) was added by regulation 2(c)(iii) of S.R. 2000 No. 367

(70)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7 and S.R. 2002 No. 297

(72)

Paragraph 15 was substituted by regulation 5(10)(b) of S.R. 2000 No. 71

(73)

Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199 and paragraph (1) was amended by Article 9(2)(a) of S.R. 1999 No. 371 (C. 28) and regulation 4(2)(a) of S.R. 2000 No. 4

(74)

Sub-paragraph (d) was added by regulation 26(b) of S.R. 1988 No. 146 and amended by regulation 14(b) of, and paragraph 15(b) of Schedule 1 to, S.R. 1988 No. 318, paragraph 17 of Schedule 1 to S.R. 1989 No. 139, regulation 9(b) of S.R. 1989 No. 249, regulation 4(6) of S.R. 1994 No. 77 and regulation 5(8)(a) of S.R. 2000 No. 71

(75)

Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301; relevant amending regulations are S.R. 1995 No. 434, S.R. 2001 No. 406 and S.R. 2004 No. 461

(76)

Sub-paragraph (6) was amended by paragraph 1 of the Schedule to S.R. 2002 No. 323

(77)

Sub-paragraph (9) was added by regulation 3(b)(iii) of S.R. 2000 No. 367

(78)

Schedule 2A was inserted by regulation 6(2) of S.R. 2003 No. 197

(79)

Sub-paragraph (9) was added by regulation 4(c)(iii) of S.R. 2000 No. 367

(80)

Part IVB was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350 and amended by regulation 4(c)(vi) of S.R. 2000 No. 367, regulation 2(7) of S.R. 2001 No. 120 and paragraph 1 of the Schedule to S.R. 2002 No. 323

(81)

Schedule 4A was inserted by paragraph 57 of Schedule 2 to S.R. 2000 No. 350

(82)

Regulation 145(1) was amended by regulation 13(a) of S.R. 1996 No. 356 and regulation 28 of S.R. 1996 No. 358

(83)

Regulation 146G was inserted by regulation 2(3) of S.R. 2000 No. 350

(84)

Regulation 148(1) was amended by regulation 10(6) of S.R. 2000 No. 71, paragraph 46 of Schedule 2 to S.R. 2000 No. 350 and paragraph 14 of Part II of the Schedule to S.R. 2002 No. 132

(85)

Regulation 148A was inserted by paragraph 47 of Schedule 2 to S.R. 2000 No. 350 and paragraph 1 was amended by paragraph 15 of Part II of the Schedule to S.R. 2002 No. 132

(86)

Paragraph 9 was substituted by regulation 2(2) of S.R. 2001 No. 406

(87)

Paragraph 11 was substituted by regulation 3(c) of S.R. 2004 No. 461

(88)

Paragraph 9 was substituted by regulation 4(c) of S.R. 2004 No. 461

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