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The Social Security Benefits Up-rating Order (Northern Ireland) 2009

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PART IINTRODUCTION

Citation, commencement and effect

1.  (1)  This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 2009 and, subject to paragraph (2), shall come into operation for the purposes of—

(a)this Article and Articles 2 and 6 on 1st April 2009;

(b)Article 3—

(i)in so far as it relates to any increase to which Article 6(10)(b) applies, on 1st April 2009, and

(ii)for all other purposes, on 6th April 2009;

(c)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 2009 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations;

(d)Article 10 on 5th April 2009, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act(1) for which purpose it shall come into operation on 6th April 2009;

(e)Article 11 on 5th April 2009;

(f)Articles 4, 5, 7, 9, 12 and 13 on 6th April 2009;

(g)Articles 14, 15 and 26 on 9th April 2009;

(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 6th April 2009 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 6th April 2009, and in relation to any other case, on 1st April 2009;

(j)Articles 21 to 23, in so far as they relate to a particular beneficiary—

(i)for the purposes of Article 21(c), in so far as it relates to an increase to which Article 6(10)(b) applies, on 1st April 2009, and

(ii)for all other purposes, on the first day of the first benefit week to commence for that beneficiary, on or after 6th April 2009, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations;

(k)Article 24, 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 6th April 2009 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the State Pension Credit Regulations; and

(l)Article 25, 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 6th April 2009 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Employment and Support Allowance Regulations.

(2) The changes 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(10),

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

Interpretation

2.  (1)  In this Order—

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

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993(3);

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(4);

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008(5);

“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006(6);

“the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations (Northern Ireland) 2006(7);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(8);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(9);

“the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 2003(10).

(2) Subject to paragraph (3), the Interpretation Act (Northern Ireland) 1954(11) shall apply to this Order as it applies to an Act of the Assembly.

(3) For the purposes of this Order and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

PART IISOCIAL SECURITY BENEFITS AND PENSIONS

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

3.  (1)  From and including the respective dates specified in Article 6—

(a)the sums specified in paragraph (2) shall be increased; and

(b)the sums specified in paragraph 3 (age related addition) of Part III of Schedule 4 to the Contributions and Benefits Act (rates of benefit, etc.) shall be reduced,

so that that Schedule, except paragraph 5 of Part III (guardian’s allowance), has effect as set out in Schedule 1 to this Order.

(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 sums specified for—

(i)age related addition, and

(ii)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 V(12), 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.

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 5∙0 per cent.

(3) In section 44(4) of the Contributions and Benefits Act(13) (basic pension of Category A retirement pension)—

(a)for “£81∙10” substitute “£86∙20”; and

(b)for “£90∙70” substitute “£95∙25”.

(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 2008-09;

(b)the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(14) (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 1975(15), Article 64 of the Social Security (Northern Ireland) Order 1986(16) or section 132 of the Administration Act,

shall in each case be increased by 5∙0 per cent.

(5) The sums which are shared additional pensions under section 55A of the Contributions and Benefits Act(17), and the sums which are increases in the rates of such pensions under paragraph 2 of Schedule 5A to that Act(18), shall in each case be increased by 5∙0 per cent.

Rates or amounts of certain benefits under the Pension Schemes Act

5.  (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)5∙0 per cent. 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)2∙0 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 changed by this Order

6.  (1)  Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), specify the date on which the changes 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 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 6th April 2009.

(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 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 9th April 2009.

(4) The increases in the sums mentioned in Articles 4(4)(d) and 5(2) shall take effect on 6th April 2009.

(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 6th April 2009.

(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 8th April 2009.

(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(21), 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 6th April 2009.

(8) The changes 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 9th April 2009.

(9) The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 8th April 2009.

(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 6th April 2009;

(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 2009,

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(22) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for “£50∙55” substitute “£53∙10”.

Earnings limits

8.  In section 80(4) of the Contributions and Benefits Act(23) (earnings limits in respect of child dependency increases)—

(a)in paragraph (a) for “£185” substitute “£195”; and

(b)in paragraph (b) for “£185” and “£25” substitute “£195” and “£26” respectively.

Statutory sick pay

9.  In section 153(1) of the Contributions and Benefits Act(24) (rate of payment) for “£75∙40” substitute “£79∙15”.

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 “£117∙18” substitute “£123∙06”.

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 “£117∙18” substitute “£123∙06”; and

(b)in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£117∙18” substitute “£123∙06”.

Graduated retirement benefit

12.  (1)  In section 35(1) of the National Insurance Act (Northern Ireland) 1966(27) (graduated retirement benefit)—

(a)the sum of 10∙98 pence shall be increased by 5∙0 per cent.; and

(b)the reference in that provision to that sum shall have effect as a reference to 11∙53 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 5∙0 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) 2005(29) (increases of graduated retirement benefit and lump sums) shall be increased by 5∙0 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 5∙0 per cent.

Disability living allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(30) (rate of benefit)—

(a)in paragraph (1)(a) for “£67∙00” substitute “£70∙35”;

(b)in paragraph (1)(b) for “£44∙85” substitute “£47∙10”;

(c)in paragraph (1)(c) for “£17∙75” substitute “£18∙65”;

(d)in paragraph (2)(a) for “£46∙75” substitute “£49∙10”; and

(e)in paragraph (2)(b) for “£17∙75” substitute “£18∙65”.

Age addition to long-term incapacity benefit

14.  In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(31) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a)in sub-paragraph (a) for “£17∙75” substitute “£15∙65”; and

(b)in sub-paragraph (b) for “£8∙90” substitute “£6∙55”.

Transitional invalidity allowance in long-term incapacity benefit cases

15.  (1)  Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(32) (rate of long-term incapacity benefit in transitional cases)—

(a)in sub-paragraph (a) for “£17∙75” substitute “£18∙65”;

(b)in sub-paragraph (b) for “£11∙40” substitute “£12∙00”; and

(c)in sub-paragraph (c) for “£5∙70” substitute “£6∙00”.

(2) In the case of a claimant entitled to long-term incapacity benefit, the sums specified in regulation 18(2)(a), (b) and (c) shall be reduced to “£15∙65”, “£9∙10” and “£5∙35” respectively.

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(33) shall be the sums set out in this Article and Schedules 2 to 4 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—

(a)regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and

(b)paragraphs 13A(2)(a) and 14(2)(a) of Part III of Schedule 2(34),

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(1) of Part II of Schedule 2(35) (applicable amounts: family premium) for “£16∙75”, in both places where it occurs, substitute “£17∙30”.

(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(36) (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 “£116∙00” substitute “£120∙00”;

(c)in sub-paragraph (2)(b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same;

(d)in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

(e)in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

(f)in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

(7) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 4 to this Order are the sums set out in column (2) of that Schedule.

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 6∙3 per cent.

Relevant sum for income support

18.  In section 125(7) of the Contributions and Benefits Act(38) (trade disputes) for “£32∙50” substitute “£34∙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 this Article and Schedules 5 and 6 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 regulation 24(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300∙00 remain the same.

(3) In regulation 72 (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)(39)—

(i)in sub-paragraph (a) for “£116∙00” substitute “£120∙00”,

(ii)in sub-paragraph (b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same,

(iii)in sub-paragraph (c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same,

(iv)in sub-paragraph (d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same,

(v)in sub-paragraph (e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same,

(vi)in sub-paragraph (f) for “£172∙00” substitute “£178∙00”,

(vii)in sub-paragraph (g) for “£172∙00” and “£296∙00” substitute “£178∙00” and “£306∙00” respectively and the sum of £4∙60 remains the same, and

(viii)in sub-paragraph (h) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £5∙80 remains the same.

(4) In Schedule 1 (ineligible service charges)—

(a)in paragraph 2(40) for “£21∙60”, “£21∙60”, “£10∙90”, “£14∙35”, “£14∙35”, “£7∙20” and “£2∙65” substitute “£22∙95”, “£22∙95”, “£11∙60”, “£15∙25”, “£15∙25”, “£7∙65” and “£2∙80” respectively; and

(b)in paragraph 6(2) for “£15∙45”, “£1∙80”, “£1∙25” and “£1∙80” substitute “£21∙55”, “£2∙50”, “£1∙75” and “£2∙50” respectively.

(5) The sums specified in Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 5 to this Order.

(6) In paragraph 3 of Part II of Schedule 4(41) (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 “£16∙75” substitute “£17∙30”; and

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

(7) The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums) shall be as set out in Schedule 6 to this Order.

(8) In Part VI of Schedule 4(42) (amount of components)—

(a)in paragraph 25 for “£24∙00” substitute “£25∙50”; and

(b)in paragraph 26 for “£29∙00” substitute “£30∙85”.

(9) In paragraph 17(1) and (3)(c) of Schedule 5(43) (sums to be disregarded in the calculation of earnings) for “£16∙05” substitute “£16∙85”.

(10) In paragraph 58 of Schedule 6(44) (sums to be disregarded in the calculation of income other than earnings) for “£16∙05” substitute “£16∙85”.

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

20.  (1)  The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this Article and Schedules 7 and 8 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit (SPC) Regulations bearing that number.

(2) In regulation 28(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300∙00 remain the same.

(3) In regulation 53 (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)(45)—

(i)in sub-paragraph (a) for “£116∙00” substitute “£120∙00”,

(ii)in sub-paragraph (b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same,

(iii)in sub-paragraph (c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same,

(iv)in sub-paragraph (d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same,

(v)in sub-paragraph (e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same,

(vi)in sub-paragraph (f) for “£172∙00” substitute “£178∙00”,

(vii)in sub-paragraph (g) for “£172∙00” and “£296∙00” substitute “£178∙00” and “£306∙00” respectively and the sum of £4∙60 remains the same, and

(viii)in sub-paragraph (h) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £5∙80 remains the same.

(4) In Schedule 1 (ineligible service charges)—

(a)in paragraph 2(46) for “`£21∙60”, “£21∙60”, “£10∙90”, “£14∙35”, “£14∙35”, “£7∙20” and “£2∙65” substitute “£22∙95”, “£22∙95”, “£11∙60”, “£15∙25”, “£15∙25”, “£7∙65” and “£2∙80” respectively; and

(b)in paragraph 6(2) for “£15∙45”, “£1∙80”, “£1∙25” and “£1∙80” substitute “£21∙55”, “£2∙50”, “£1∙75” and “£2∙50” respectively.

(5) The sums specified in Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.

(6) In paragraph 3 of Part II of Schedule 4(47) (applicable amounts: family premium)—

(a)in sub-paragraph (1) for “£16∙75” substitute “£17∙30”; and

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

(7) The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 8 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 5(48) (sums disregarded from claimant’s earnings) for “£16∙05” substitute “£16∙85”.

(9) In paragraph 22 of Schedule 6(49) (amounts to be disregarded in the calculation of income other than earnings) for “£16∙05” substitute “£16∙85”.

PART IVJOBSEEKER’S ALLOWANCE

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

21.  In regulation 79(1) of the Jobseeker’s Allowance Regulations(50) (weekly amounts of contribution-based jobseeker’s allowance)—

(a)in sub-paragraph (a) for “£47∙95” substitute “£50∙95”;

(b)in sub-paragraph (b) for “£47∙95” substitute “£50∙95”; and

(c)in sub-paragraph (c) for “£60∙50” substitute “£64∙30”.

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(51) shall be the sums set out in this Article and Schedules 9 to 12 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—

(a)regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and

(b)paragraphs 15A(2)(a) and 16(2)(a) of Part III of Schedule 1(52),

the sum specified is in each case £3,000.

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

(4) In paragraph 4(1) of Part II of Schedule 1(53) (applicable amounts: family premium) for “£16∙75”, in both places where it occurs, substitute “£17∙30”.

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

(6) The sums specified in Part IVB of Schedule 1(54) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 11 to this Order.

(7) In paragraph 17 of Schedule 2(55) (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 “£116∙00” substitute “£120∙00”;

(c)in sub-paragraph (2)(b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same;

(d)in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

(e)in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

(f)in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

(8) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 12 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(56) (trade disputes: prescribed sum) for “£32∙50” substitute “£34∙50”.

PART VSTATE PENSION CREDIT

State pension credit

24.  (1)  The sums specified in the State Pension Credit Regulations shall be the sums set out in this Article and Schedule 13 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the State Pension Credit Regulations bearing that number.

(2) In regulation 6(57) (amount of the guarantee credit)—

(a)in paragraph (1)(a) for “£189∙35” substitute “£198∙45”;

(b)in paragraph (1)(b) for “£124∙05” substitute “£130∙00”;

(c)in paragraph (5)(a) for “£50∙35” substitute “£52∙85”;

(d)in paragraph (5)(b) for “£100∙70” substitute “£105∙70”; and

(e)in paragraph (8) for “£27∙75” substitute “£29∙50”.

(3) In regulation 7(58) (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 “£91∙20” and “£145∙80” substitute “£96∙00” and “£153∙40” respectively.

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

(a)in sub-paragraph (1)(59) the sums of £47∙75 and £7∙40 remain the same;

(b)in sub-paragraph (2)(a)(60) for “£116∙00” substitute “£120∙00”;

(c)in sub-paragraph (2)(b) for “£116∙00” and “£172∙00” substitute “£120∙00” and “£178∙00” respectively and the sum of £17∙00 remains the same;

(d)in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

(e)in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

(f)in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

(5) In paragraph 1 of Schedule 3(61) (special groups: polygamous marriages)—

(a)in sub-paragraph (5), which substitutes regulation 6(1), for “£189∙35” and “£65∙30” substitute “£198∙45” and “£68∙45” respectively; and

(b)in sub-paragraph (7), which substitutes regulation 7(2), for “£145∙80” substitute “£153∙40”.

(6) The sums specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 13 to this Order are the sums set out in column (2) of that Schedule.

PART VIEMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for employment and support allowance

25.  (1)  The sums relevant to the calculation of an applicable amount as specified in the Employment and Support Allowance Regulations shall be the sums set out in this Article and Schedules 14 to 16 to this Order; and for this purpose a reference in this Article to a numbered Schedule is a reference to the Schedule to the Employment and Support Allowance Regulations bearing that number.

(2) The sums specified in Part 1 of Schedule 4 (prescribed amounts) shall be as set out in Schedule 14 to this Order.

(3) The sums specified in Part 3 of Schedule 4 (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 15 to this Order.

(4) In Part 4 of Schedule 4 (the components)—

(a)in paragraph 12 for “£24∙00” substitute “£25∙50”; and

(b)in paragraph 13 for “£29∙00” substitute “£30∙85”.

(5) In paragraph 19 of Schedule 6 (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 “£116∙00” substitute “£120∙00”;

(c)in sub-paragraph (2)(b) for “£116∙00” and “£172∙00”substitute “£120∙00” and “£178∙00” respectively and the sum of £17.00 remains the same;

(d)in sub-paragraph (2)(c) for “£172∙00” and “£223∙00” substitute “£178∙00” and “£231∙00” respectively and the sum of £23∙35 remains the same;

(e)in sub-paragraph (2)(d) for “£223∙00” and “£296∙00” substitute “£231∙00” and “£306∙00” respectively and the sum of £38∙20 remains the same; and

(f)in sub-paragraph (2)(e) for “£296∙00” and “£369∙00” substitute “£306∙00” and “£382∙00” respectively and the sum of £43∙50 remains the same.

(6) The sums specified in any provision of the Employment and Support Allowance Regulations set out in column (1) of Schedule 16 to this Order are the sums set out in column (2) of that Schedule.

PART VIIREVOCATION

Revocation

26.  The Social Security Benefits Up-rating Order (Northern Ireland) 2008(62) is revoked.

Sealed with the Official Seal of the Department for Social Development on 10th March 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

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