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The Social Security Benefits Up-rating Order 2011

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Social Security Benefits Up-rating Order 2012 ISBN 978-0-11-151948-6

Article 3(1)

SCHEDULE 1PROVISIONS OF SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER

This schedule has no associated Explanatory Memorandum

PART I(1)CONTRIBUTORY PERIODICAL BENEFITS

Description of benefit

Weekly rate

2.Short-term incapacity benefit.(a) lower rate£71.10
(b) higher rate£84.15
2A.Long-term incapacity benefit.£94.25
5.Category B retirement pension where section 48A(3) applies.£61.20

PART IIBEREAVEMENT PAYMENT

Bereavement payment(2).£2,000.00.

PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefit

Weekly rate

1.Attendance allowance.(a) higher rate£73.60
(b) lower rate£49.30
(the appropriate rate being determined in accordance with section 65(3)).
2.Severe disablement allowance.£62.95
3.Age related addition(3).(a) higher rate£13.80
(b) middle rate£7.10
(c) lower rate£5.60
(the appropriate rate being determined in accordance with section 69(1)).
4.Carer’s allowance(4).£55.55
6.Category C retirement pension.(a) lower rate£36.60
(b) higher rate£61.20
(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 applies (1)

(5)

Increase for qualifying child (2)

Increase for adult dependant (3)

£

£

1A.Short-term incapacity benefit(6)—
(a)where the beneficiary is under pensionable age;11.3542.65
(b)where the beneficiary is over pensionable age.11.3552.70
2.Long-term incapacity benefit.11.3554.75
4.Widowed mother’s allowance.11.35
4A.Widowed parent’s allowance(7).11.35
5.Category A or B retirement pension.11.3558.80
6.Category C retirement pension.11.3535.20
8.Severe disablement allowance.11.3532.90
9.Carer’s allowance.11.3532.70

PART VRATES 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 dependant(8);
(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.££
100150.3092.10
90135.2782.89
80120.2473.68
70105.2164.47
6090.1855.26
5075.1546.05
4060.1236.84
3045.0927.63
2030.0618.42
2.Maximum increase of weekly rate of disablement pension where constant attendance needed.(a)except in cases of exceptionally severe disablement

£60.20;

(b)in any case£120.40.
3.Increase of weekly rate of disablement pension (exceptionally severe disablement).

£60.20.

4.Maximum of aggregate of weekly benefit payable for successive accidents.(a)for any period during which the beneficiary is over the age of 18 or is entitled to an increase in benefit in respect of a dependant(9)£150.30;
(b)for any period during which the beneficiary is not over the age of 18 and not so entitled£92.10.
5.Unemployability supplement under paragraph 2 of Schedule 7.£92.90.
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£19.25;
(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£19.25;
(c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45

£12.40;

(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

£12.40;

(e)in any other case£6.20.
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.£55.55.
9.Maximum disablement gratuity under paragraph 9 of Schedule 7.£9,980.00.
10.Widow’s pension (weekly rates).(a)initial rate(10)£57.65;
(b)higher permanent rate£102.15;
(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).£102.15.
12.Weekly rate of allowance in respect of children and qualifying young persons(11) under paragraph 18 of Schedule 7.In respect of each child or qualifying young person£11.35.
(1)

Paragraph 2 was substituted, and paragraph 2A was inserted, by section 2(2) of the 1994 Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995 (c. 26).

(2)

Part II was substituted by section 54(2) of the 1999 Act.

(3)

See S.I. 2008/3270 which modifies the effect of section 150 of the Administration Act so that these rates may be reduced.

(4)

Relevant amending instrument is S.I. 2002/1457.

(5)

The entries relating to widowed mother’s allowance and widowed parent’s allowance in column (1) and the increase for a qualifying child in column (2) were repealed by section 60 of, and Schedule 6 to, the Tax Credits Act. Articles 3 and 4 of S.I. 2003/938 save the repealed provisions in certain circumstances.

(6)

Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the 1994 Act.

(7)

Paragraph 4A was inserted by paragraph 14 of Schedule 8 to the 1999 Act.

(8)

The words “child or adult” were omitted by paragraph 15(2) of Schedule 1 to the 2005 Act.

(9)

The words “child or adult” were omitted by paragraph 15(2) of Schedule 1 to the 2005 Act.

(10)

Widow’s pension is payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act). The initial rate relates only to the period of 26 weeks following the date of the deceased’s death (paragraph 16(1) of that Schedule). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.

(11)

Paragraph 12 was amended by paragraph 15(3) of Schedule 1 to the 2005 Act which inserted the words “and qualifying young persons” and substituted the words “child or qualifying young person”.

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