PART IISOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act3

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 III, the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act;

b

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

c

Part V15, 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 and qualifying young persons,

which remain the same.

Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act4

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∙9 per cent.

3

In section 44(4) of the Contributions and Benefits Act16 (basic pension of Category A retirement pension)—

a

for “£78∙05” substitute “£81∙10”; and

b

for “£87∙30” substitute “£90∙70”.

4

It is 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 2007-08;

b

the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act17 (pension increase or lump sum where entitlement to retirement pension is deferred);

c

lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension; and

d

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 197518, Article 64 of the Social Security (Northern Ireland) Order 198619 or section 132 of the Administration Act,

shall in each case be increased by 3∙9 per cent.

5

The sums which are shared additional pensions under section 55A of the Contributions and Benefits Act20, and the sums which are increases in the rates of such pensions under paragraph 2 of Schedule 5A to that Act21, shall in each case be increased by 3∙9 per cent.

Rates or amounts of certain benefits under the Pension Schemes Act5

1

It is 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∙9 per cent. where the increase under section 11(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years22; and

b

0∙9 per cent. 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 Order6

1

Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), 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 7th April 2008.

3

In the case of a person over pensionable age—

a

whose entitlement to a Category A retirement pension is deferred; and

b

for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act23,

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 10th April 2008.

4

The increases in the sums mentioned in Articles 4(4)(d) and 5(2) shall take effect on 7th April 2008.

5

Any increases in the sums specified for—

a

the rate of—

i

Category C and Category D retirement pension,

ii

attendance allowance, and

iii

carer’s allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday); and

b

any increases in—

i

Category C retirement pension and carer’s allowance referred to in sub-paragraph (a)(i) and (iii), and

ii

maternity allowance, widowed mother’s allowance and widowed parent’s allowance,

in respect of dependants,

shall in all cases take effect on 7th April 2008.

6

Any increases in the sums specified for—

a

the rate of—

i

carer’s allowance in a case where the Department has made arrangements for it to be paid on a Wednesday,

ii

disablement benefit,

iii

maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,

iv

industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children and qualifying young persons,

v

the maximum of the aggregate of weekly benefit payable for successive accidents under section 107(1) of the Contributions and Benefits Act; and

b

any increases in—

i

the benefits referred to in sub-paragraph (a)(i), (iii) and (iv) in respect of dependants, and

ii

disablement pension,

shall in all cases take effect on 9th April 2008.

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 Act24, 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 7th April 2008.

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 10th April 2008.

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 9th April 2008.

10

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 7th April 2008;

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 2008,

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 compensation7

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 “£48∙65” substitute “£50∙55”.

Earnings limits8

In section 80(4) of the Contributions and Benefits Act25 (earnings limits in respect of child dependency increases)—

a

in paragraph (a) for “£180” substitute “£185”; and

b

in paragraph (b) for “£180” and “£24” substitute “£185” and “£25” respectively.

Statutory sick pay9

In section 153(1) of the Contributions and Benefits Act (rate of payment) for “£72∙55” substitute “£75∙40”.

Statutory maternity pay10

In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 198726 (prescribed rate of statutory maternity pay) for “£112∙75” substitute “£117∙18”.

Statutory paternity pay and statutory adoption pay11

In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 200227

a

in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£112∙75” substitute “£117∙18”; and

b

in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£112∙75” substitute “£117∙18”.

Graduated retirement benefit12

1

In section 35(1) of the National Insurance Act (Northern Ireland) 196628 (graduated retirement benefit)—

a

the sum of 10∙57 pence shall be increased by 3∙9 per cent.; and

b

the reference in that provision to that sum shall have effect as a reference to 10∙98 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) 197829 (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 3∙9 per cent.

3

The sums which are lump sums to which surviving spouses or civil partners will become entitled under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 200530 (increases of graduated retirement benefit and lump sums) shall be increased by 3∙9 per cent.

4

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∙9 per cent.

Disability living allowance13

In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199231 (rate of benefit)—

a

in paragraph (1)(a) for “£64∙50” substitute “£67∙00”;

b

in paragraph (1)(b) for “£43∙15” substitute “£44∙85”;

c

in paragraph (1)(c) for “£17∙10” substitute “£17∙75”;

d

in paragraph (2)(a) for “£45∙00” substitute “£46∙75”; and

e

in paragraph (2)(b) for “£17∙10” substitute “£17∙75”.

Age addition to long-term incapacity benefit14

In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 199432 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

a

in sub-paragraph (a) for “£17∙10” substitute “£17∙75”; and

b

in sub-paragraph (b) for “£8∙55” substitute “£8∙90”.

Transitional invalidity allowance in long-term incapacity benefit cases15

In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 199533 (rate of long-term incapacity benefit in transitional cases)—

a

in sub-paragraph (a) for “£17∙10” substitute “£17∙75”;

b

in sub-paragraph (b) for “£11∙00” substitute “£11∙40”; and

c

in sub-paragraph (c) for “£5∙50” substitute “£5∙70”.