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The Social Security Benefits Up-rating Order 2005

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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 2005 No. 522

Housing Benefit for certain persons over the qualifying age for State Pension Credit

20.—(1) This article applies to persons to whom regulation 2 of the 2003 Regulations applies and references in this article to the Housing Benefit Regulations are to the Housing Benefit Regulations as modified by the 2003 Regulations in their application to those persons.

(2) 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 8 and 9 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.

(3) In regulation 16(3)(a)(1) (applicable amounts) “20 per cent.” remains unchanged.

(4) In regulation 26(3)(2) (calculation of income on a weekly basis)—

(a)in sub-paragraph (a) for “£135.00” substitute “£175.00”; and

(b)in sub-paragraph (b) for “£200” substitute “£300”.

(5) The sums specified in Part I of Schedule 2A (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(6) In paragraph 3 of Part II of Schedule 2A(3) (applicable amounts: family premium)—

(a)in sub-paragraph (1) for “£15.95” substitute “£16.10”; and

(b)in sub-paragraph (2) “£10.50” remains unchanged.

(7) The sums specified in Part IV of Schedule 2A (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 9 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 3A(4) (sums disregarded from claimant’s earnings) for “£12.32” substitute “£14.50” in each case.

(9) In paragraph 21 of Schedule 4A(5) (amounts to be disregarded in the calculation of income other than earnings) for “£12.32” substitute “£14.50”.

(1)

Relevant amending instruments are S.I. 2003/1195 and 2275.

(2)

Relevant amending instrument is S.I. 2004/552.

(3)

Relevant amending instrument is S.I. 2004/552.

(4)

Relevant amending instruments are S.I. 2003/2275 and 2004/552.

(5)

Relevant amending instrument is S.I. 2004/552.

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