1998 No. 470
The Social Security Benefits Up-rating Order 1998
Made
Coming into force in accordance with article 1(2)
Whereas, the Secretary of State for Social Security having made a review under section 150(1) of the Social Security Administration Act 19921, a draft of the following Order was laid before Parliament in accordance with the provisions of sections 150(2) and 190(1)(a) of that Act and approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State for Social Security, with the consent of the Treasury2, in exercise of the powers conferred by sections 150 and 189(1), (3) and (4) of the Social Security Administration Act 1992, and of all other powers enabling her in that behalf, hereby makes the following Order:
Part IINTRODUCTION
Citation and commencement1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1998.
2
Subject to paragraphs (3) and (4) of this article, this Order shall come into force for the purposes of—
a
articles 1, 2, 6, 22 and 27, on 1st April 1998;
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 1998, 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 5th April 1998;
d
articles 3 to 5, 7, 9, 11, 12 and 13, on 6th April 1998;
e
articles 14 and 15, on 9th April 1998;
f
articles 16, 17 and 26, on 7th April 1998;
g
articles 18, 19 and 20, 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 1998, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;
h
article 21, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 6th April 1998, and in relation to any other case, on 1st April 1998;
i
articles 23, 24, and 25, 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 1998, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.
3
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 23(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
4
Subject to paragraph (6) of this article, any provision of this Order which is due to come into force on the same day as any provision of the Regulations listed in paragraph (5) of this article shall come into force immediately after that provision of those Regulations.
5
The Regulations referred to in paragraph (4) above are—
a
The Social Security (Non-Dependant Deductions) Regulations 19963; and
b
The Social Security (Lone Parents) (Amendment) Regulations 19974.
6
To the extent that article 21 of this Order comes into force on the same day as any provision of the Social Security (Lone Parents) (Amendment) Regulations 1997, that article shall come into force immediately before that provision of those Regulations.
Interpretation2
In this Order, unless the context otherwise requires—
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 19965;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19926;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19927;
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 19918;
“the Family Credit Regulations” means the Family Credit (General) Regulations 19879;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 198710;
“the Income Support Regulations” means the Income Support (General) Regulations 198711;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199612; and
“the Pension Schemes Act” means the Pension Schemes Act 199313.
Part IISOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
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 3.6 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act14 (basic pension in a Category A retirement pension)—
a
for the sum of £59.90 there shall be substituted the sum of £62.05; and
b
for the sum of £62.45 there shall be substituted the sum of £64.70.
4
It is hereby directed15 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 1997–98;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act16 (increase of pension where entitlement is deferred); and
c
shall in each case be increased by 3.6 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act5
1
It is hereby directed20 that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by—
a
3.6 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax years21; and
b
0.6 per cent. of their amount apart from this Order where the increase under section 15(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) of this article, which are subject to the provisions of paragraphs (10) and (11) below, 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) below, the increases in the sums specified in articles 3, 4 and 11 of this Order for the rates of Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 6th April 1998.
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 Act22, the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 9th April 1998.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 6th April 1998.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance23, attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 6th April 1998.
6
The increases in the sums specified for the rate of invalid care allowance in a case where the Secretary of State 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 the Contributions and Benefits Act, shall in all cases take effect on 8th April 1998.
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, the increase in such sum shall take effect on 6th April 1998.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 9th April 1998.
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 1998.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 199225 (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) of this Order 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
The increases in the sums specified in articles 3 and 23(c) of this Order, 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 amount26, shall take effect—
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 6th April 1998;
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 1998,
and for the purposes of this paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 19487
In Schedule 8 to the Contributions and Benefits Act the sum of £37.35 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 8th April 1998 for that sum in paragraph 2(6)(c), and from and including 9th April 1998 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £38.70.
Earnings Limits8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases)—
a
for the sum of £135 in both places where it occurs there shall be substituted the sum of £140; and
b
for the sum of £17 there shall be substituted the sum of £18.
Statutory Sick Pay9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for the sum of £55.70 there shall be substituted the sum of £57.70.
Statutory Maternity Pay10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 198627 (lower rate of statutory maternity pay) for the sum of £55.70 there shall be substituted the sum of £57.70.
Increase in rate of graduated retirement benefit11
1
In the National Insurance Act 196528 the sum of 8.11 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.6 per cent.; and from and including 6th April 1998 the reference in that provision to that sum shall have effect as a reference to 8.40 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 197829 (increases for deferred retirement) shall be increased by 3.6 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.6 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 199130 (rate of benefit)—
a
in paragraph (1)(a), for the sum of £49.50 there shall be substituted the sum of £51.30;
b
in paragraph (1)(b), for the sum of £33.10 there shall be substituted the sum of £34.30;
c
in paragraph (1)(c), for the sum of £13.15 there shall be substituted the sum of £13.60;
d
in paragraph (2)(a), for the sum of £34.60 there shall be substituted the sum of £35.85; and
e
in paragraph (2)(b), for the sum of £13.15 there shall be substituted the sum of £13.60.
Sums specified for child benefit13
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 197631 (weekly rates of child benefit)—
a
in sub-paragraph (a)(i), for the sum of £11.05 there shall be substituted the sum of £11.45;
b
in sub-paragraph (a)(ii), the sum specified is £17.10; and
c
in sub-paragraph (b), for the sum of £9.00 there shall be substituted the sum of £9.30.
Increase in rates of age addition to long-term incapacity benefit14
In the Social Security (Incapacity Benefit) Regulations 199432, in regulation 10(2)—
a
in sub-paragraph (a), for the sum of £13.15 there shall be substituted the sum of £13.60; and
b
in sub-paragraph (b), for the sum of £6.60 there shall be substituted the sum of £6.80.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 199533, in regulation 18(2)—
a
in sub-paragraph (a), for the sum of £13.15 there shall be substituted the sum of £13.60;
b
in sub-paragraph (b), for the sum of £8.30 there shall be substituted the sum of £8.60; and
c
in sub-paragraph (c), for the sum of £4.15 there shall be substituted the sum of £4.30.
Part IIIFAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Family Credit16
1
In the Family Credit Regulations—
a
in regulation 46(4) (determination of appropriate maximum family credit) the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47(1)34 (applicable amount), for the sum of £77.15 there shall be substituted the sum of £79.00; and
d
subject to paragraph (2) of this article, in Schedule 4 (determination of maximum family credit), the sums prescribed shall be as set out in Schedule 2 to this Order.
2
In Schedule 4 to the Family Credit Regulations as it has effect by virtue of regulation 10(3) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 199635 (transitional provisions)—
a
in paragraph 2(b) for the sum of £19.95 there shall be substituted the sum of £20.45;
b
in paragraph 3(a) for the sum of £24.80 there shall be substituted the sum of £25.40; and
c
in paragraph 3(b) for the sum of £34.70 there shall be substituted the sum of £35.55.
Disability Working Allowance17
1
In the Disability Working Allowance Regulations—
a
in regulation 51(4) (determination of appropriate maximum disability working allowance) the capital sum prescribed is £3,000;
b
in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
c
in regulation 52(1)36 (applicable amount)—
i
in sub-paragraph (a), for the sum of £57.85 there shall be substituted the sum of £59.25;
ii
in sub-paragraph (b), for the sum of £77.15 there shall be substituted the sum of £79.00; and
d
subject to paragraph (2) of this article, in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be as set out in Schedule 3 to this Order.
2
In Schedule 5 to the Disability Working Allowance Regulations as it has effect by virtue of regulation 10(3) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions)—
a
in paragraph 3(b) for the sum of £19.95 there shall be substituted the sum of £20.45;
b
in paragraph 4(a) for the sum of £24.80 there shall be substituted the sum of £25.40; and
c
in paragraph 4(b) for the sum of £34.70 there shall be substituted the sum of £35.55.
Applicable amounts for Income Support18
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 4 to 8 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the 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), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, 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 4 to this Order.
4
In paragraph 3 of Part II of Schedule 237 (applicable amounts: family premium)—
a
in sub-paragraph (1)(a) the sum specified is £15.75; and
b
in sub-paragraph (1)(b) for the sum of £10.80 there shall be substituted the sum of £11.05.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 5 to this Order.
6
In paragraph 18 of Schedule 338 (housing costs: non-dependant deductions)—
a
in sub-paragraph (1)(a) for the sum of £39.00 there shall be substituted the sum of £45.00;
b
in sub-paragraph (1)(b) the sum specified is £7.00;
c
in sub-paragraph (2)(a) the sum specified is £78.00;
d
in sub-paragraph (2)(b) for the sum of £13.00 there shall be substituted the sum of £16.00 and the sums of £78.00 and £116.00 remain the same;
e
in sub-paragraph (2)(c) for the sum of £17.00 there shall be substituted the sum of £22.00 and the sums of £116.00 and £152.00 remain the same;
f
in sub-paragraph (2)(d) for the sums of £150.00 and £32.00 there shall be substituted the sums of £152.00 and £36.00 respectively, and the sum of £200.00 remains the same; and
g
in sub-paragraph (2)(e) for the sum of £36.00 there shall be substituted the sum of £41.00 and the sums of £200.00 and £250.00 remain the same.
7
In paragraph 6(2) of Schedule 4, for the sum of £240.00 there shall be substituted the sum of £247.00 and, subject to paragraph (2) of this article, those other sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 6 to this Order.
8
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 7 to this Order.
9
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection19
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 198739 shall be increased by 2.4 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support20
In section 126(7) of the Contributions and Benefits Act40 (trade disputes: the relevant sum) the substituted sum is £27.00.
Applicable amounts for Housing Benefit21
1
As from a date determined in accordance with article 1 of this Order, 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 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1)41 (patients)—
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.60 there shall be substituted the sum of £16.20 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.50 there shall be substituted the sum of £12.95 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £31.20 there shall be substituted the sum of £32.40.
4
In regulation 6342 (non-dependant deductions)—
a
in paragraph (1)(a) for the sum of £39.00 there shall be substituted the sum of £45.00;
b
in paragraph (2)(b) for the sum of £13.00 there shall be substituted the sum of £16.00;
c
in paragraph (2)(c) for the sum of £17.00 there shall be substituted the sum of £22.00;
d
in paragraph (2)(d) for the sum of £33.00 there shall be substituted the sum of £36.00; and
e
in paragraph (2)(e) for the sum of £36.00 there shall be substituted the sum of £41.00.
5
In paragraph 1A of Part I of Schedule 143 (ineligible service charges), for the sums of £17.55, £17.55, £8.85, £11.65, £11.65, £5.85 and £2.10 there shall be substituted the sums of £17.95, £17.95, £9.05, £11.95, £11.95, £6.00 and £2.15 respectively.
6
Subject to paragraph (7) of this article, the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
7
In paragraph 2(d) of Schedule 2 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 199644 (transitional provisions) for the sum of £38.90 there shall be substituted the sum of £39.85.
8
In paragraph 3 of Part II of Schedule 245 (applicable amounts: family premium)—
a
in sub-paragraph (a) the sum specified is £22.05; and
b
in sub-paragraph (b) for the sum of £10.80 there shall be substituted the sum of £11.05.
9
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
Applicable amounts for Council Tax Benefit22
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1)46 (patients)—
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.60 there shall be substituted the sum of £16.20 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.50 there shall be substituted the sum of £12.95 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £31.20 there shall be substituted the sum of £32.40.
4
In regulation 5247 (non-dependant deductions)—
a
in paragraph (1)(a) for the sum of £4.00 there shall be substituted the sum of £6.00.
b
in paragraph (1)(b) for the sum of £1.50 there shall be substituted the sum of £2.00;
c
in paragraph (2)(b) for the sum of £3.00 there shall be substituted the sum of £4.00; and
d
in paragraph (2)(c) for the sum of £3.50 there shall be substituted the sum of £5.00.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
6
In paragraph 3 of Part II of Schedule 148 (applicable amounts: family premium)—
a
in sub-paragraph (a) the sum specified is £22.05; and
b
in sub-paragraph (b) for the sum of £10.80 there shall be substituted the sum of £11.05.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 12 to this Order.
Part IVJOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance23
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance)—
a
in sub-paragraph (a) for the sum of £29.60 there shall be substituted the sum of £30.30;
b
in sub-paragraph (b) for the sum of £38.90 there shall be substituted the sum of £39.85; and
c
in sub-paragraph (c) for the sum of £49.15 there shall be substituted the sum of £50.35.
Applicable amounts for Jobseeker’s Allowance24
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 13 to 17 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the 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), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 16(a) of Part III of Schedule 1, and in paragraph 1(2) of Schedule 4, 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 13 to this Order.
4
In paragraph 4 of Part II of Schedule 149 (applicable amounts: family premium)—
a
in sub-paragraph (1)(a) the sum specified is £15.75; and
b
in sub-paragraph (1)(b) for the sum of £10.80 there shall be substituted the sum of £11.05.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.
6
In paragraph 17 of Schedule 250 (housing costs: non-dependant deductions)—
a
in sub-paragraph (1)(a) for the sum of £39.00 there shall be substituted the sum of £45.00;
b
in sub-paragraph (1)(b) the sum specified is £7.00;
c
in sub-paragraph (2)(a) the sum specified is £78.00;
d
in sub-paragraph (2)(b) for the sum of £13.00 there shall be substituted the sum of £16.00 and the sums of £78.00 and £116.00 remain the same;
e
in sub-paragraph (2)(c) for the sum of £17.00 there shall be substituted the sum of £22.00 and the sums of £116.00 and £152.00 remain the same;
f
in sub-paragraph (2)(d) for the sum of £150.00 and £32.00 there shall be substituted the sums of £152.00 and £36.00 respectively, and the sum of £200.00 remains the same; and
g
in sub-paragraph (2)(e) for the sum of £36.00 there shall be substituted the sum of £41.00 and the sums of £200.00 and £250.00 remain the same.
7
Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 15 to this Order.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 16 to this Order.
9
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 17 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance25
In regulation 172 of the Jobseeker’s Allowance Regulations51 (trade disputes: prescribed sum) the substituted sum is £27.00.
Part VTRANSITIONAL PROVISIONS AND REVOCATION
Transitional Provisions26
Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 7th April 1998, the rate at which it is payable shall be the weekly rate in force for the period prior to 7th April 1998 until the end of the period of entitlement.
Revocation27
The Social Security Benefits Up-rating Order 199752 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
We consent,
SCHEDULE 1SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER
SCHEDULE 4RATES OF BENEFITS, ETC.
PART IContributory Periodical Benefits
Description of benefit
Weekly rate
2
Short-term incapacity benefit.53
a
lower rate…£48.80
b
higher rate…£57.70
2A
Long-term incapacity benefit.
£64.70
4
Maternity allowance (in cases not falling within section 35(1A)(a)).
£50.10
5
Category B retirement pension where section 48A(3) applies.
£38.70
6
Child’s special allowance.
£11.30
PART IIWIDOW'S PAYMENT
Widow’s payment
£1,000.00
PART IIINon-contributory Periodical Benefits
Description of benefit
Weekly rate
1
Attendance allowance.
a
higher rate…£51.30
b
lower rate…£34.30
(the appropriate rate being determined in accordance with section 65(3)).
2
Severe disablement allowance.
£39.10
3
Age related addition.
a
higher rate…£13.60
b
middle rate…£8.60
c
lower rate£4.30
(the appropriate rate being determined in accordance with section 69(1)).
4
Invalid care allowance.
£38.70
5
Guardian’s allowance.
£11.30
6
Category C retirement pension.
a
lower rate…£23.15
b
higher rate…£38.70
(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
Increase for qualifying child
Increase for adult dependant
(1)
(2)
(3)
£
£
1A
Short-term incapacity benefit54—
a
where the beneficiary is under pensionable age
11.30
30.20
b
where the beneficiary is over pensionable age
11.30
37.20
2
Long-term incapacity benefit
11.30
38.70
3
Maternity allowance
—
30.20
4
Widowed mother’s allowance
11.30
—
5
Category A or B retirement pension
11.30
38.70
6
Category C retirement pension
11.30
23.15
7
Child’s special allowance
11.30
—
8
Severe disablement allowance
11.30
23.20
9
Invalid care allowance
11.30
23.15
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 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 Disablement
Amount
(1)
(2)
(3)
Per cent.
£
£
100
104.70
64.15
90
94.23
57.74
80
83.76
51.32
70
73.29
44.91
60
62.82
38.49
50
52.35
32.08
40
41.88
25.66
30
31.41
19.25
20
20.94
12.83
2
Maximum increase of weekly rate of disablement pension where constant attendance needed.
a
except in cases of exceptionally severe disablement£42.00
b
in any case…£84.00
3
Increase of weekly rate of disablement pension (exceptionally severe disablement).
£42.00
4
Maximum of aggregate of weekly benefit payable for successive accidents.
a
for any period during which the beneficiaryis over the age of 18 or is entitled to anincrease in benefit in respect of a child or adult dependant…£104.70
b
for any period during which the beneficiaryis not over the age of 18 and not soentitled…£64.15
5
Unemployability supplement under para-graph 2 of Schedule 7.
£64.70
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…£13.60
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…£13.60
c
if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45…£8.60
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…£8.60
e
in any other case…£4.30
7
Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension.
£11.30
8
Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension.
£38.70
9
Maximum disablement gratuity under paragraph 9 of Schedule 7.
£6,960.00
10
Widow’s pension (weekly rates).
a
initial rate55…£57.65
b
higher permanent rate…£64.70
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).
£64.70
12
Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7.
In respect of each qualifying child…£11.30
SCHEDULE 2SCHEDULE 4 TO THE FAMILY CREDIT REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 4Determination of Maximum Family Credit: Adult, Child and Young Person Credits
(1)
(2)
Adult, child, young person
Amount of Credit
1
Adult.
£48.80.
1A
In the case of an adult or adults to whom regulation 46(1)(aa) applies.
£10.80.
2
Person in respect of the period—
a
beginning on that person’s date of birth and ending on the day preceding the first Tuesday in September following that person’s eleventh birthday;
a
£12.35;
b
beginning on the first Tuesday in September following that person’s eleventh birthday and ending on the day preceding the first Tuesday in September following that person’s sixteenth birthday.
b
£20.45.
3
Person in respect of the period beginning on the first Tuesday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
£25.40.58
SCHEDULE 3SCHEDULE 5 TO THE DISABILITY WORKING ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 5Determination of Appropriate Maximum Disability Working Allowance
(1)
(2)
Claimant, child or young person
Amount of Allowance
1
Single claimant.
1
£50.75.
2
Claimant who is a member of a married or unmarried couple, or is a lone parent.
2
£79.40.
2A
In the case of a claimant to whom regulation 51(1)(bb) applies.
2A
£10.80.
3
Person in respect of the period—
a
beginning on that person’s date of birth and ending on the day preceding the first Tueday in September following that person’s eleventh birthday;
3
a
£12.35;
b
beginning on the first Tuesday in September following that person’s eleventh birthday and ending on the day preceding the first Tuesday in September following that person’s sixteenth birthday.
b
£20.45;
4
Person in respect of the period beginning on the first Tuesday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
4
£25.40.
5
Child or young person to whom regulation 51(1A) applies (disabled child or young person).
5
£21.45.
SCHEDULE 4PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 2APPLICABLE AMOUNTS
PART IPersonal Allowances
1
The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages).
(1)
(2)
Person or Couple
Amount
1
Single claimant aged—
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
1
a
£30.30;
b
less than 18 who falls within any of the circumstances specified in paragraph 1A;
b
£39.85;
c
less than 18 who satisfies the condition in paragraph 11(a);
c
£39.85;
d
not less than 18 but less than 25;
d
£39.85;
e
not less than 25.
e
£50.35.
2
Lone parent aged—
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
2
a
£30.30;
b
less than 18 who falls within any of the circumstances specified in paragraph 1A;
b
£39.85;
c
less than 18 who satisfies the condition in paragraph 11(a);
c
£39.85;
d
not less than 18.
d
£50.35.
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; or
ii
had they not been members of a couple, each would have qualified for income support under regulation 4ZA; or
iii
the claimant’s partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (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 section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);
3
a
£60.10;
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
£39.85;
c
where both members are aged less than 18 and heads (a) and (b) do not apply;
c
£30.30;
d
where both members are aged not less than 18;
d
£79.00;
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; or
ii
satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or
iii
is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);
e
£79.00;
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; and
ii
does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and
iii
is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship);
f
£39.85;
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; and
ii
does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and
iii
is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship).
g
£50.35.
2
1
The weekly amounts specified in column (2) below 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).
(1)
(2)
Child or Young Person
Amount
Person in respect of the period—
- a
beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s eleventh birthday;
a
£17.30;
b
beginning on the first Monday in September following that person’s eleventh birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;
b
£25.35;
c
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
c
£30.30.
2A
1
The weekly amount for the purposes of regulations 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—
a
except in a case to which head (b) applies, £57.50; and
b
where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £64.00.
SCHEDULE 5PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
PART IVWeekly Amounts of Premiums Specified in Part III
(1)
(2)
Premium
Amount
15
1
1
2
68Pensioner premium for persons aged under 75—
a
where the claimant satisfies the condition in paragraph 9(a);
b
where the claimant satisfies the condition in paragraph 9(b).
2
a
£20.10;
b
£30.35.
2A
Pensioner premium for persons aged 75 and over—
a
where the claimant satisfies the condition in paragraph 9A(a);
2A
a
£22.35;
b
where the claimant satisfies the condition in paragraph 9A(b).
b
£33.55.
3
Higher Pensioner Premium—
a
where the claimant satisfies the condition in paragraph 10(1)(a) or (b);
3
a
£27.20;
b
where the claimant satisfies the condition in paragraph 10(2)(a) or (b).
b
£38.90.
4
Disability Premium—
a
where the claimant satisfies the condition in paragraph 11(a);
4
a
£21.45;
b
where the claimant satisfies the condition in paragraph 11(b).
b
£30.60.
5
Severe Disability Premium–
a
where the claimant satisfies the condition in paragraph 13(2)(a);
5
a
£38.50;
b
where the claimant satisfies the condition in paragraph 13(2)(b)—
i
if there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);
b
i
£38.50;
ii
if no-one is in receipt of such an allowance.
ii
£77.00.
6
Disabled Child Premium.
6
£21.45 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.
7
Carer Premium.
7
£13.65 in respect of each person who satisfied the condition specified in paragraph 14ZA.
SCHEDULE 6INCOME SUPPORT: APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES
PART IProvisions in Schedule 4 to the Income Support Regulations as Amended by this Order
Residential care homes6
1
Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—
a
old age, the appropriate amount shall be £213.00 per week;
b
past or present mental disorder but excluding mental handicap, the appropriate amount shall be £225.00 per week;
c
past or present drug or alcohol dependence, the appropriate amount shall be £225.00 per week;
d
mental handicap, the appropriate amount shall be £257.00 per week;
e
physical disablement, the appropriate amount shall be—
i
in the case of a person to whom paragraph 8 applies, £292.00 per week, or
ii
in any other case, £213.00 per week; or
f
any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £213.00 per week.
Nursing homes
7
Subject to paragraphs 8 to 11, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—
a
past or present mental disorder but excluding mental handicap, the appropriate amount shall be £319.00 per week;
b
mental handicap, the appropriate amount shall be £325.00 per week;
c
past or present drug or alcohol dependence, the appropriate amount shall be £319.00 per week;
d
physical disablement, the appropriate amount shall be—
i
in the case of a person to whom paragraph 8 applies, £359.00 per week, or
ii
in any other case, £318.00 per week;
e
terminal illness, the appropriate amount shall be £318.00 per week; or
f
any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £318.00 per week.
11
1
Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to—
a
in the case of a residential care home, £44.00;
b
in the case of a nursing home, £49.00.
Personal allowances13
The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—
a
for the claimant £14.45, and if he has a partner, for his partner, £14.45;
b
for a young person aged 18, £14.45;
c
for a young person aged under 18 but over 16, £10.05;
d
for a child aged under 16 but over 11, £8.65;
e
for a child aged under 11, £5.95.
PART IIOther Sums Specified in Schedule 4 to the Income Support Regulations
Paragraph in Schedule 4 | Specified sum |
---|---|
2(2)(b)(i) increases for meals | daily £1.10 |
2(2)(b)(ii) increases for meals | daily £1.55 |
2(2)(b)(iii) increases for meals | daily £1.55 |
SCHEDULE 7INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES
PART IProvisions in Schedule 7 to the Income Support Regulations as Amended by this Order
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PART IIOther Sums Specified in Schedule 7 to the Income Support Regulations
Paragraph in Schedule 7 | Specified Sum |
---|---|
| Nil |
| Nil |
|
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| 80 per cent. |
| 80 per cent. |
| Nil |
SCHEDULE 8Other Applicable Amounts Specified in the Income Support Regulations
Provision in Income Support Regulations | Specified Sum |
---|---|
Regulation 22A(1)87 | Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount. |
Regulation 71(1)(a)(i)88 | 90 per cent. of the amount applicable or, as the case may be, of the reduced amount. |
Regulation 71(1)(b)(i) | 90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount. |
Regulation 71(1)(c)(i) | 98 per cent. of the applicable amount for persons in residential accommodation. |
Regulation 71(1)(d) | 90 per cent. of the applicable amount. |
Schedule 389, paragraph 5(3) | The relevant fraction of the applicable amount is the amount calculated by the formula |
Schedule 3, paragraph 6(1)(b)90 | 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 eligible interest. |
Schedule 3, paragraph 8(1)(b) | Nil. |
Schedule 3, paragraph 10(1) | 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 alternative appropriate amount shall be calculated using the formula |
Schedule 3, paragraph 11(11)91 | The qualifying portion of a loan shall be determined by the formula |
Schedule 3, paragraph 12(1)(a)92 | 7.97 per cent. |
Schedule 3, paragraph 12(2) and (3) | 5 per cent. |
SCHEDULE 9PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 2APPLICABLE AMOUNTS
PART IPersonal Allowances
1
The amounts specified in column (2) below 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)—
(1)
(2)
Person or Couple
Amount
1
Single claimant aged—
b
less than 25;
1
b
£39.85;
c
not less than 25.
c
£50.35.
2
Lone parent aged—
a
less than 18;
2
a
£39.85;
b
not less than 18.
b
£50.35.
3
Couple—
a
where both members are aged less than 18;
3
a
£60.10;
b
where at least one member is aged not less than 18.
b
£79.00.
2
1
The amounts specified in column (2) below 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)—
(1)
(2)
Child or Young Person
Amount
Person in respect of the period—
- a
beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s eleventh birthday;
a
£17.30;
b
beginning on the first Monday in September following that person’s eleventh birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;
b
£25.35;
c
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
c
£30.30.
SCHEDULE 10PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
PART IVAmounts of Premiums Specified in Part III
Premium
Amount
15
1
1
2
Pensioner Premium for persons aged under 75—
a
where the claimant satisfies the condition in paragraph 9(a);
2
a
£20.10;
b
where the claimant satisfies the condition in paragraph 9(b).
b
£30.35.
2A
Pensioner Premium for persons aged 75 and over—
a
where the claimant satisfies the condition in paragraph 9A(a);
2A
a
£22.35;
b
where the claimant satisfies the condition in paragraph 9A(b).
b
£33.55.
3
Higher Pensioner Premium—
a
where the claimant satisfies the condition in paragraph 10(1)(a) or (b);
3
a
£27.20;
b
where the claimant satisfies the condition in paragraph 10(2)(a) or (b).
b
£38.90.
4
Disability Premium—
a
where the claimant satisfies the condition in paragraph 11(a);
4
a
£21.45;
b
where the claimant satisfies the condition in paragraph 11(b).
b
£30.60.
5
Severe Disability Premium—
a
where the claimant satisfies the condition in paragraph 13(2)(a);
5
a
£38.50;
b
where the claimant satisfies the condition in paragraph 13(2)(b)—
i
in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A);
b
i
£38.50;
ii
in a case where there is no-one in receipt of such an allowance.
ii
£77.00.
6
Disabled Child Premium.
6
£21.45 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied.
7
Carer Premium.98
7
£13.65 in respect of each person who satisfies the condition specified in paragraph 14ZA.
SCHEDULE 11PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 1APPLICABLE AMOUNTS
PART IPersonal Allowances
1
The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 8(a) and 9(a) and (b)—
(1)
(2)
Person or Couple
Amount
1
Single claimant aged—
a
not less than 18 but less than 25;
1
a
£39.85
b
not less than 25.
b
£50.35
2
Lone parent
2
£50.35
3
Couple
3
£79.00
2
1
The amounts specified in column (2) below 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 8(b) and 9(c)—
(1)
(2)
Child or Young Person
Amount
Person in respect of the period—
- a
beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s eleventh birthday;
a
£17.30;
b
beginning on the first Monday in September following that person’s eleventh birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;
b
£25.35;
c
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
c
£30.30.
SCHEDULE 12PART IV OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 1APPLICABLE AMOUNTS
PART IVAmounts of Premiums Specified in Part III
Premium
Amount
19
1
1
2
Pensioner Premium for persons under 75—
a
where the claimant satisfies the condition in paragraph 9(a);
2
a
£20.10
b
where the claimant satisfies the condition in paragraph 9(b).
b
£30.35
3
Pensioner Premium for persons 75 or over—
a
where the claimant satisfies the condition in paragraph 10(a);
3
a
£22.35
b
where the claimant satisfies the condition in paragraph 10(b).
b
£33.55
4
Higher Pensioner Premium—
a
where the claimant satisfies the condition in paragraph 11(1)(a) or (b);
4
a
£27.20
b
where the claimant satisfies the condition in paragraph 11(2)(a) or (b).
b
£38.90
5
Disability Premium—
a
where the claimant satisfies the condition in paragraph 12(a);
5
a
£21.45
b
where the claimant satisfies the condition in paragraph 12(b).
b
£30.60
6
Severe Disability Premium—
a
where the claimant satisfies the condition in paragraph 14(2)(a);
6
a
£38.50
b
where the claimant satisfies the condition in paragraph 14(2)(b)—
i
in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(3A);
b
i
£38.50
ii
in a case where there is no-one in receipt of such an allowance.
ii
£77.00
7
Disabled Child Premium
7
£21.45 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied.
8
Carer Premium
8
£13.65 in respect of each person who satisfies the condition specified in paragraph 16.
SCHEDULE 13PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 1APPLICABLE AMOUNTS
PART IPersonal Allowances
1
The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83 and 84(1) (applicable amounts and polygamous marriages).
(1)
(2)
Person or Couple
Amount
1
Single claimant aged—
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
1
a
£30.30
b
less than 18 who falls within paragraph (2) of regulation 57 and who—
i
is a person to whom regulation 59, 60 or 61 applies; or
ii
is the subject of a direction under section 16;
b
£39.85
c
less than 18 who satisfies the condition in paragraph 13(a) of Part 3;
c
£39.85
d
not less than 18 but less than 25;
d
£39.85
e
not less than 25.
e
£50.35
2
Lone parent aged—
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
2
a
£30.30
b
less than 18 who falls within paragraph (2) of regulation 57 and who—
i
is a person to whom regulation 59, 60 or 61 applies; or
ii
is the subject of a direction under section 16;
b
£39.85
c
less than 18 who satisfies the condition in paragraph 13(a) of Part 3;
c
£39.85
d
not less than 18.
d
£50.35
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; or
ii
had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied; or
iii
had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; or
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; or
iva
they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or
v
there is a direction under section 16 (jobseeker’s allowance in cases of severe hardship) in respect of each member; or
vi
there is a direction under section 16 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 section 16 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;
3
a
£60.10
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 paragraph (2) of regulation 57 and either—
i
is a person to whom regulation 59, 60 or 61 applies; or
ii
is the subject of a direction under section 16 of the Act;
b
£39.85
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 section 16;
c
£30.30
d
where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);
d
£39.85
e
where both members are aged not less than 18;
e
£79.00
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 section 16; and
iii
satisfies requirements for entitlement to income support other than the requirement to make a claim for it;
f
£79.00
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 the regulations 59 to 61 applies; or
ii
who is not the subject of a direction under section 16; and
iii
does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;
g
£39.85
h
where one member is aged not less than 25 and the other member is a person under 18—
i
to whom none of the regulations 59 to 61 applies; or
ii
is not the subject of a direction under section 16; and
iii
does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.
h
£50.35
2
1
The weekly amounts specified in column (2) below 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).
(1)
(2)
Child or Young Person
Amount
Person in respect of the period—
- a
beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s eleventh birthday;
a
£17.30
b
beginning on the first Monday in September following that person’s eleventh birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;
b
£25.35
c
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
c
£30.30
3
1
The weekly amount for the purposes of regulations 83(c) and 84(1)(d) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—
a
except in a case to which head (b) applies, £57.50; and
b
where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £64.00.
SCHEDULE 14PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
PART IVWeekly Amounts of Premiums Specified in Part III
Premium
Amount
20
1
1
2
Pensioner premium for persons aged over 60—
a
where the claimant satisfies the condition in paragraph 10(a);
2
a
£20.10
b
where the claimant satisfies the condition in paragraph 10(b);
b
£30.35
c
where the claimant satisfies the condition in paragraph 10(c).
c
£30.35
3
Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.
3
£33.55.
4
Higher Pensioner Premium—
a
where the claimant satisfies the condition in paragraph 12(1)(a);
4
a
£27.20
b
where the claimant satisfies the condition in paragraph 12(1)(b) or (c).
b
£38.90.
5
Disability Premium—
a
where the claimant satisfies the condition in paragraph 13(a);
5
a
£21.45
b
where the claimant satisfies the condition in paragraph 13(b) or (c).
b
£30.60.
6
Severe Disability Premium—
a
where the claimant satisfies the condition in paragraph 15(1);
6
a
£38.50
b
where the claimant satisfies the condition in paragraph 15(2)—
i
if there is someone in receipt of an invalid care allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5);
b
i
£38.50
ii
if no-one is in receipt of such an allowance.
ii
£77.00.
7
Disabled Child Premium.
7
£21.45 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
8
Carer Premium.
8
£13.65 in respect of each person who satisfies the condition specified in paragraph 17.
SCHEDULE 15JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES
PART IProvisions in Schedule 4 to the Jobseeker’s Allowance Regulations as Amended by this Order
Residential care homes5
Subject to paragraphs 7 to 9, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—
a
past or present mental disorder but excluding mental handicap, the appropriate amount shall be £225.00 per week;
b
past or present drug or alcohol dependence, the appropriate amount shall be £225.00 per week;
c
mental handicap, the appropriate amount shall be £257.00 per week;
d
physical disablement, the appropriate amount shall be £292.00 per week;
e
any condition not falling within sub-paragraphs (a) to (d) above, the appropriate amount shall be £213.00 per week.
Nursing homes
6
Subject to paragraphs 7 to 9, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of—
a
past or present mental disorder but excluding mental handicap, the appropriate amount shall be £319.00 per week;
b
mental handicap, the appropriate amount shall be £325.00 per week;
c
past or present drug or alcohol dependence, the appropriate amount shall be £319.00 per week;
d
physical disablement, the appropriate amount shall be £359.00 per week;
e
terminal illness, the appropriate amount shall be £318.00 per week;
f
any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £318.00 per week.
9
1
Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to—
a
in the case of a residential care home, £44.00;
b
in the case of a nursing home, £49.00.
Personal allowances11
The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be—
a
for the claimant £14.45, and if he has a partner, for his partner, £14.45;
b
for a young person aged 18, £14.45;
c
for a young person aged under 18 but over 16, £10.05;
d
for a child aged under 16 but over 11, £8.65;
e
for a child aged under 11, £5.95.
PART IIOther Sums Specified in Schedule 4 to the Jobseeker’s Allowance Regulations
Paragraph in Schedule 4 | Specified sum |
---|---|
2(2)(b)(i) increases for meals | daily £1.10 |
2(2)(b)(ii) increases for meals | daily £1.55 |
2(2)(b)(iii) increases for meals | daily £1.55 |
SCHEDULE 16JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES
PART IProvisions in Schedule 5 to the Jobseeker’s Allowance Regulations as Amended by this Order
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PART IIOther Sums Specified in Schedule 5 to the Jobseeker’s Allowance Regulations
Paragraph in Schedule 5 | Specified Sum |
---|---|
| Nil |
| Nil |
| 80 per cent. |
SCHEDULE 17Other Applicable Amounts Specified in the Jobseeker’s Allowance Regulations
Provision in Jobseeker’s Allowance Regulations | Specified Sum |
---|---|
Regulation 145(1)112 | Weekly 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) | 90 per cent. of the amount applicable or, as the case may be, of the reduced applicable amount. |
Regulation 148(1)(b)(i) | 90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount. |
Regulation 148(1)(c)(i) | 98 per cent. of the applicable amount for persons in residential accommodation. |
Regulation 148(1)(d) | 90 per cent. of the applicable amount. |
Schedule 2, paragraph 5(3) | The relevant fraction of the applicable amount is the amount calculated by the formula |
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(1) | 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 alternative appropriate amount shall be calculated using the formula |
Schedule 2, paragraph 10(10) | The qualifying portion of a loan shall be determined by the formula |
Schedule 2, paragraph 11(2) and (3)113 | 5 per cent. |
(This note is not part of the Order)