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The Social Security Benefits Up-rating Order 2018

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Social Security Benefits Up-rating Order 2018 No. 281

PART 6EMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for the ESA Regulations 2008

27.—(1) The sums that are relevant to the calculation of an applicable amount as specified in the ESA Regulations 2008 shall be the sums set out in this article and Schedule 11 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the ESA Regulations 2008 bearing that number.

(2) The sums specified in Part 3 of Schedule 4(1) (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 11 to this Order.

(3) In Part 4 of Schedule 4(2) (the component) in paragraph 13 for “£36.55” substitute “£37.65”.

(4) In paragraph 12 of Schedule 6 (general provisions applying to housing costs)—

(a)in sub-paragraph (4)(3) “£100,000” remains unchanged;

(b)in sub-paragraph (12)(b)(4) “£150,000” remains unchanged; and

(c)in sub-paragraph (12)(c) “£125,000” remains unchanged.

(5) In paragraph 19 of Schedule 6(5) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) for “£95.45” substitute “£98.30”;

(b)in sub-paragraph (1)(b) for “£14.80” substitute “£15.25”;

(c)in sub-paragraph (2)(a) for “£136.00” substitute “£139.00”;

(d)in sub-paragraph (2)(b)—

(i)for “£34.00” substitute “£35.00”;

(ii)for “£136.00” substitute “£139.00”; and

(iii)for “£200.00” substitute “£204.00”;

(e)in sub-paragraph (2)(c)—

(i)for “£46.65” substitute “£48.05”;

(ii)for “£200.00” substitute “£204.00”; and

(iii)for “£259.00” substitute “£265.00”;

(f)in sub-paragraph (2)(d)—

(i)for “£76.35” substitute “£78.65”;

(ii)for “£259.00” substitute “£265.00”; and

(iii)for “£346.00” substitute “£354.00”; and

(g)in sub-paragraph (2)(e)—

(i)for “£86.95” substitute “£89.55”;

(ii)for “£346.00” substitute “£354.00”; and

(iii)for “£430.00” substitute “£439.00”.

Prescribed amount for the ESA Regulations 2013

28.—(1) In regulation 62(2) of the ESA Regulations 2013 (prescribed amounts) for “£36.20” substitute “£37.65”.

(2) In regulation 62(2)(b) of the ESA Regulations 2013 (prescribed amounts), as it has effect in cases falling within paragraphs 2 to 7 of Schedule 2 to the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017(6), for “£36.55” substitute “£37.65”.

(1)

Relevant amending instruments are S.I. 2008/2428, 2015/457 and 2016/242.

(2)

Relevant amending instruments are S.I. 2017/204 and 260.

(3)

See S.I. 2008/3195 which modifies paragraph 12(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

(4)

Relevant amending instrument is S.I. 2008/2428.

(5)

Relevant amending instruments are S.I. 2016/242 and 2017/260.

(6)

S.I. 2017/204. Regulation 62(2) of the ESA Regulations 2013 was substituted by regulation 3 of S.I. 2017/204 but that amendment does not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to that S.I. apply.

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