2002 No. 668
The Social Security Benefits Up-rating Order 2002
Made
Coming into force in accordance with article 1(2)
Whereas, the Secretary of State for Work and Pensions 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 Work and Pensions, with the consent of the Treasury2, in exercise of the powers conferred by sections 150, 151 and 189(1), (3), (4) and (5) of the Social Security Administration Act 1992, and of all other powers enabling him 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 2002.
2
Subject to paragraphs (3) to (5) of this article, this Order shall come into force for the purposes of—
a
articles 1, 2, 6, 19, 20 and 24 on 1st April 2002;
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 2002, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;
c
articles 3 to 5, 7 and 11 to 13, on 8th April 2002;
d
article 9, on 6th April 2002;
e
article 10, on 7th April 2002, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(2) of the Contributions and Benefits Act3, for which purpose it shall come into force on 8th April 2002;
f
articles 14 and 15, on 11th April 2002;
g
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 8th April 2002, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;
h
articles 21 to 23, 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 8th April 2002, 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 21(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
Where, so far as it relates to any particular beneficiary, article 16 of this Order comes into force in accordance with article 1(2)(g) above on 8th April 2002, it shall come into force immediately after the coming into force of regulation 2(1) of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 20014.
5
Where, in so far as it relates to any particular beneficiaryi, article 22 of this Order comes into force in accordance with article 1(2)(h) above on 8th April 2002, it shall come into force immediately after regulation 2(2) of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001.
Interpretation2
In this Order—
“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 Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19878;
“the Income Support Regulations” means the Income Support (General) Regulations 19879;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199610; and
“the Pension Schemes Act” means the Pension Schemes Act 199311.
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—
a
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
b
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) to (5) 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 1.7 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act12 (basic pension in a Category A retirement pension)—
a
for “£66.90”, substitute “£68.05”; and
b
for “£72.50”, substitute “£75.50”.
4
It is hereby directed13 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 2001–2002 shall be increased by 1.7 per cent. of their amount apart from this Order;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act14 (increase of pension where entitlement is deferred) shall be increased by 4.1 per cent. of their amount apart from this Order; and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 197515, section 63(1)(d) of the Social Security Act 198616 or section 150(2) of the Social Security Administration Act 199217 by virtue of section 150(1)(e) of that Act shall be increased by 1.7 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 1.7 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.
Dates on which sums specified for rates or amounts of benefits 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 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 8th April 2002.
3
In the case of a person—
a
over pensionable age 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 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 11th April 2002.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 8th April 2002.
5
The increases in the sums specified for—
a
the rate of—
i
Category C and Category D retirement pension,
ii
child’s special allowance23,
iii
attendance allowance,
iv
invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), and
v
guardian’s allowance; and
b
the increases in—
i
Category C retirement pension and invalid care allowance referred to in heads (i) and (v) of sub-paragraph (a) above, and
ii
maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants;
shall in all cases take effect on 8th April 2002.
6
The increases in the sums specified for—
a
the rate of—
i
invalid care allowance in a case where the Secretary of State 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
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
the increases in—
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) above in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 10th April 2002.
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 8th April 2002.
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 11th April 2002.
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 10th April 2002.
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 21(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 8th April 2002;
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 2002,
and for the purposes of this paragraph “benefit week” has the same meaning as in regulation 2(1) of 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
From and including—
a
10th April 2002, for “£41.75” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
11th April 2002, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£42.45”.
Earnings Limits8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases)—
a
for “£150.00”, in both places where it occurs, substitute “£155.00”; and
b
“£20.00” remains unchanged.
Statutory Sick Pay9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£62.20”, substitute “£63.25”.
Statutory Maternity Pay10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 198627 (lower rate of statutory maternity pay) for “£62.20”, substitute “£75.00”.
Increase in rate of graduated retirement benefit11
1
In section 36(1) of the National Insurance Act 196528 (graduated retirement benefit)—
a
the sum of 9.06 pence shall be increased by 1.7 per cent.; and
b
from and including 8th April 2002 the reference in that provision to that sum shall have effect as a reference to 9.21 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 1.7 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 1.7 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 “£55.30”, substitute “£56.25”;
b
in paragraph (1)(b) for “£37.00”, substitute “£37.65”;
c
in paragraph (1)(c) for “£14.65”, substitute “£14.90”;
d
in paragraph (2)(a) for “£38.65”, substitute “£39.30”; and
e
in paragraph (2)(b) for “£14.65”, substitute “£14.90”.
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 “£15.50”, substitute “£15.75”;
b
in sub-paragraph (a)(ii), “£17.55” remains unchanged; and
c
in sub-paragraph (b) for “£10.35”, substitute “£10.55”.
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 “£14.65”, substitute “£14.90”; and
b
in sub-paragraph (b) for “£7.35”, substitute “£7.45”.
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 “£14.65”, substitute “£14.90”;
b
in sub-paragraph (b) for “£9.30”, substitute “£9.50”; and
c
in sub-paragraph (c) for “£4.65”, substitute “£4.75”.
PART IIIINCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be—
a
the sums set out in the following provisions of this article and Schedules 2 to 4 to this Order; and
b
such sums as may be specified in any provision of the Income Support Regulations listed in column (1) of Schedule 5 to this Order, column (2) of which Schedule states those sums as specified in those provisions as in force on 6th February 2002 being sums not increased by this Order;
and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a 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), (c)(ii) and (d)(i); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,
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 of Part II of Schedule 234 (applicable amounts: family premium)—
a
in sub-paragraph (1)(a) “£15.90” remains unchanged; and
b
in sub-paragraph (1)(b) for “£14.50”, substitute “£14.75”.
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 335 (housing costs: non-dependant deductions)—
a
in sub-paragraph (1)(a), “£47.75” remains unchanged;
b
in sub-paragraph (1)(b), “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£84.00”, substitute “£88.00”;
d
in sub-paragraph (2)(b)—
i
for “£84.00”, substitute “£88.00”,
ii
for “£125.00”, substitute “£131.00”,
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c)—
i
for “£125.00”, substitute “£131.00”,
ii
for “£163.00”, substitute “£170.00”,
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d)—
i
for “£163.00”, substitute “£170.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e)—
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£43.50” remains unchanged.
7
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 4 to this Order.
8
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order, as those provisions are in force on 6th February 2002, are the sums set out in column (2) of that Schedule.
9
In paragraph 19(b) of Schedule 936 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
Income Support Transitional Protection17
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 198737 shall be increased by 1.7 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support18
In section 126(7) of the Contributions and Benefits Act38 (trade disputes: the relevant sum) for “£28.50”, substitute “£29.00”.
Housing Benefit19
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 6 and 7 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
2
In—
a
regulations 16(b) and 17(c); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 18(1)39 (patients)—
a
in sub-paragraphs (a), (b) and (d)(ii) for “£18.15”, substitute “£18.90” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£14.50”, substitute “£15.10” in each case; and
c
in sub-paragraph (c)(ii) for “£36.30”, substitute “£37.80”.
4
In regulation 6340 (non-dependant deductions)—
a
in paragraph (1)(a), “£47.75” remains unchanged;
b
in paragraph (1)(b), “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£84.00”, substitute “£88.00”;
d
in paragraph (2)(b)—
i
for “£84.00”, substitute “£88.00”,
ii
for “£125.00”, substitute “£131.00”,
iii
“£17.00” remains unchanged;
e
in paragraph (2)(c)—
i
for “£125.00”, substitute “£131.00”,
ii
for “£163.00”, substitute “£170.00”,
iii
“£23.35” remains unchanged;
f
in paragraph (2)(d)—
i
for “£163.00”, substitute “£170.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£38.20” remains unchanged; and
g
in paragraph (2)(e)—
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£43.50” remains unchanged.
5
In paragraph 1A of Part I of Schedule 141 (ineligible service charges), for “£18.95”, “£18.95”, “£9.55”, “£12.60”, “£12.60”, “£6.35” and “£2.30”, substitute “£19.25”, “£19.25”, “£9.70”, “£12.80”, “£12.80”, “£6.45” and “£2.35” respectively.
6
In paragraph 5(2)(a) of Part II of Schedule 142 (payments in respect of fuel charges) for “£9.25”, substitute “£9.40”.
7
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
8
In paragraph 3 of Part II of Schedule 243 (applicable amounts: family premium)—
a
in sub-paragraph (a), “£22.20” remains unchanged; and
b
in sub-paragraph (b) for “£14.50”, substitute “£14.75”.
9
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
10
In paragraph 20(b) of Schedule 444 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
Council Tax Benefit20
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 8 and 9 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In—
a
regulations 8(b) and 9(c); and
b
paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 10(1)45 (patients)—
a
in sub-paragraphs (a), (b) and (d)(ii) for “£18.15”, substitute “£18.90” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£14.50”, substitute “£15.10” in each case; and
c
in sub-paragraph (c)(ii) for “£36.30”, substitute “£37.80”.
4
In regulation 5246 (non-dependant deductions)—
a
in paragraph (1)(a), “£6.95” remains unchanged;
b
in paragraph (1)(b), “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£125.00”, substitute “£131.00”;
d
in paragraph (2)(b)—
i
for “£125.00”, substitute “£131.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£4.60” remains unchanged; and
e
in paragraph (2)(c)—
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£5.80” remains unchanged.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
6
In paragraph 3 of Part II of Schedule 147 (applicable amounts: family premium)—
a
in sub-paragraph (a), “£22.20” remains unchanged; and
b
in sub-paragraph (b) for “£14.50”, substitute “£14.75”.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 9 to this Order.
8
In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit)—
a
in sub-paragraph (2)(b)(i) for “£125.00”, substitute “£131.00”;
b
in sub-paragraph (2)(b)(ii) for “£125.00” and “£163.00”, substitute “£131.00” and “£170.00” respectively.
9
In paragraph 20(b) of Schedule 448 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
PART IVJOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance21
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance)—
a
in sub-paragraph (a) for “£31.95”, substitute “£32.50”;
b
in sub-paragraph (b) for “£42.00”, substitute “£42.70”; and
c
in sub-paragraph (c) for “£53.05”, substitute “£53.95”.
Applicable amounts for Jobseeker’s Allowance22
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 10 to 15 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a 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), (c)(ii) and (d)(i); and
b
paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,
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 10 to this Order.
4
In paragraph 4 of Part II of Schedule 149 (applicable amounts: family premium)—
a
in sub-paragraph (1)(a), “£15.90” remains unchanged; and
b
in sub-paragraph (1)(b) for “£14.50”, substitute “£14.75”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 11 to this Order.
6
The sums specified in Part IVB of Schedule 150 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 12 to this Order.
7
In paragraph 17 of Schedule 251 (housing costs: non-dependant deductions)—
a
in sub-paragraph (1)(a), “£47.75” remains unchanged;
b
in sub-paragraph (1)(b), “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£84.00”, substitute “£88.00”;
d
in sub-paragraph (2)(b)—
i
for “£84.00”, substitute “£88.00”,
ii
for “£125.00”, substitute “£131.00”,
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c)—
i
for “£125.00”, substitute “£131.00”,
ii
for “£163.00”, substitute “£170.00”,
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d)—
i
for “£163.00”, substitute “£170.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e)—
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£43.50” remains unchanged.
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 13 to this Order.
9
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A52 (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 14 to this Order.
10
In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
11
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance23
In regulation 172 of the Jobseeker’s Allowance Regulations53 (trade disputes: prescribed sum) for “£28.50”, substitute “£29.00”.
PART VREVOCATION
Revocation24
The Social Security Benefits Up-rating (No. 2) Order 200054 is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
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 benefit55.
a
lower rate
£53.50
b
higher rate
£63.25
2A
Long-term incapacity benefit.
£70.95
5
Category B retirement pension where section 48A(3) applies.
£45.20
6
Child’s special allowance.
£11.35
PART IIBEREAVEMENT PAYMENT
Bereavement payment56.
£2,000.00
PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS
Description of benefit
Weekly rate
1
Attendance allowance.
a
higher rate
£56.25
b
lower rate
£37.65
(the appropriate rate being determined in accordance with section 69(1)).
2
Severe disablement allowance.
£42.85
3
Age related addition.
a
higher rate
£14.90
b
middle rate
£9.50
c
lower rate
£4.75
(the appropriate rate being determined in accordance with section 78(5)).
4
Invalid care allowance.
£42.45
5
Guardian’s allowance.
£11.35
6
Category C retirement pension.
a
lower rate
£27.00
b
higher rate
£45.20
(the appropriate rate being determined in accordance with section 65(3)).
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)
Increase for qualifying child (2)
Increase for adult dependant (3)
£
£
1A
Short-term incapacity benefit—
a
Where the beneficiary is under pensionable age
11.35
33.10
b
Where the beneficiary is over pensionable age
11.35
40.80
2
Long-term incapacity benefit
11.35
42.45
3
Maternity allowance
—
33.10
4
Widowed mother’s allowance
11.35
—
4A
Widowed parent’s allowance
11.35
—
5
Category A or B retirement pension
11.35
45.20
6
Category C retirement pension
11.35
27.00
7
Child’s special allowance
11.35
—
8
Severe disablement allowance
11.35
25.45
9
Invalid care allowance
11.35
25.35
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
114.80
70.35
90
103.32
63.32
80
91.84
56.28
70
80.36
49.25
60
68.88
42.21
50
57.40
35.18
40
45.92
28.14
30
34.44
21.11
20
22.96
14.07
2
Maximum increase of weekly rate of disablement pension where constant attendance needed.
a
except in cases of exceptionally severe disablement
£46.00
b
in any case
£92.00
3
Increase of weekly rate of disablement pension (exceptionally severe disablement).
£46.00
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 child or adult dependant
£114.80
b
for any period during which the beneficiary is not over the age of 18 and not so entitled
£70.35
5
Unemployability supplement under paragraph 2 of Schedule 7.
£70.95
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
£14.90
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
£14.90
c
if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45
£9.50
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
£9.50
e
in any other case
£4.75
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.
£42.45
9
Maximum disablement gratuity under paragraph 9 of Schedule 7.
£7,630.00
10
Widow’s pension (weekly rates).
a
initial rate59
£57.65
b
higher permanent rate
£75.50
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).
£75.50
12
Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7.
In respect of each qualifying child
£11.35
SCHEDULE 2PART 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
£32.50;
b
less than 18 who falls within any of the circumstances specified in paragraph 1A;
b
£42.70;
c
less than 18 who satisfies the condition in paragraph 11;
c
£42.70;
d
not less than 18 but less than 25;
d
£42.70;
e
not less than 25.
e
£53.95.
2
Lone parent aged—
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
a
£32.50;
b
less than 18 who falls within any of the circumstances specified in paragraph 1A;
b
£42.70;
c
less than 18 who satisfies the condition in paragraph 11(a);
c
£42.70;
d
not less than 18.
d
£53.95.
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);
a
£64.45;
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
£42.70;
c
where both members are aged less than 18 and heads (a) and (b) do not apply;
c
£32.50;
d
where both members are aged not less than 18;
d
£84.65;
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
£84.65;
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
£42.70;
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
£53.95.
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 sixteenth birthday;
a
£33.50;
b
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
b
£34.30.
2A
1
The weekly amount for the purposes of regulation 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall, subject to sub-paragraph (6), be—
a
except in a case to which head (b) applies, £64.40; and
b
where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £71.65.
SCHEDULE 3PART 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
—
1A
Bereavement Premium.
1A
£21.55.
2
Pensioner Premium for persons aged under 75—
a
where the claimant satisfies the condition in paragraph 9(a);
2
a
£44.20;
b
where the claimant satisfies the condition in paragraph 9(b).
b
£65.15.
2A
Pensioner Premium for persons aged 75 and over—
a
where the claimant satisfies the condition in paragraph 9A(a);
2A
a
£44.20;
b
where the claimant satisfies the condition in paragraph 9A(b).
b
£65.15.
3
Higher Pensioner Premium—
a
where the claimant satisfies the condition in paragraph 10(1)(a) or (b);
3
a
£44.20;
b
where the claimant satisfies the condition in paragraph 10(2)(a) or (b).
b
£65.15.
4
Disability Premium—
a
where the claimant satisfies the condition in paragraph 11(a);
4
a
£23.00;
b
where the claimant satisfies the condition in paragraph 11(b).
b
£32.80.
5
Severe Disability Premium—
a
where the claimant satisfies the condition in paragraph 13(2)(a);
5
a
£42.25;
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
£42.25;
ii
if no-one is in receipt of such an allowance.
ii
£84.50.
6
Disabled Child Premium.
6
£35.50 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.
7
Carer Premium.
7
£24.80 in respect of each person who satisfied the condition specified in paragraph 14ZA.
8
Enhanced disability premium where the conditions in paragraph 13A are satisfied.
8
a
£11.25 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
b
£11.25 in respect of each person who is neither—
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 13A are satisfied;
c
£16.25 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.
SCHEDULE 4INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES
PART IPROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
(1) | (2) |
|---|---|
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PART IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS
Paragraph in Schedule 7 | Specified Sum |
|---|---|
| Nil |
| Nil |
|
|
| 80 per cent. |
| Nil |
SCHEDULE 5OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS
(1) | (2) |
|---|---|
Provision in Income Support Regulations | Specified Sum as at 6th February 2002 |
Regulation 22A(1)82 | Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount. |
Regulation 71(1)(a)(i)83 | 90 per cent. of the amount applicable 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 384, paragraph 5(3) | The relevant fraction of the applicable amount is the amount calculated by the formula |
Schedule 3, paragraph 6(1)(b)85 | 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)86 | 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)87 | The qualifying portion of a loan shall be determined by the formula |
Schedule 3, paragraph 12(1)(a)88 | 6.19 per cent. |
Schedule 3, paragraph 12(2) and (3) | 5 per cent. |
SCHEDULE 6PART 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
£42.70;
c
not less than 25.
c
£53.95.
2
Lone parent aged—
a
less than 18;
2
a
£42.70;
b
not less than 18.
b
£53.95.
3
Couple—
a
where both members are aged less than 18;
3
a
£64.45;
b
where at least one member is aged not less than 18.
b
£84.65.
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 sixteenth birthday;
a
£33.50;
b
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
b
£34.30.
SCHEDULE 7PART 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
1A
Bereavement Premium.
1A
£21.55.
2
Pensioner Premium for persons aged under 75—
a
where the claimant satisfies the condition in paragraph 9(a);
2
a
£44.20;
b
where the claimant satisfies the condition in paragraph 9(b).
b
£65.15.
2A
Pensioner Premium for persons aged 75 and over—
a
where the claimant satisfies the condition in paragraph 9A(a);
2A
a
£44.20;
b
where the claimant satisfies the condition in paragraph 9A(b).
b
£65.15.
3
Higher Pensioner Premium—
a
where the claimant satisfies the condition in paragraph 10(1)(a) or (b);
3
a
£44.20;
b
where the claimant satisfies the condition in paragraph 10(2)(a) or (b).
b
£65.15.
4
Disability Premium—
a
where the claimant satisfies the condition in paragraph 11(a);
4
a
£23.00;
b
where the claimant satisfies the condition in paragraph 11(b).
b
£32.80.
5
Severe Disability Premium—
a
where the claimant satisfies the condition in paragraph 13(2)(a);
5
a
£42.25;
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
£42.25;
ii
in a case where there is no-one in receipt of such an allowance.
ii
£84.50.
6
Disabled Child Premium.
6
£35.50 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 Premium95.
7
£24.80 in respect of each person who satisfies the condition specified in paragraph 14ZA.
9
Enhanced disability premium where the conditions in paragraph 13A are satisfied.
9
a
£11.25 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
b
£11.25 in respect of each person who is neither—
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 13A are satisfied;
c
£16.25 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.
SCHEDULE 8PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDERAPPLICABLE 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
£42.70
b
not less than 25
b
£53.95
2
Lone parent.
2
£53.95
3
Couple.
3
£84.65
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 sixteenth birthday;
a
£33.50
b
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
b
£34.30
SCHEDULE 9PART 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
1A
Bereavement Premium.
1A
£21.55
2
Pensioner Premium for persons under 75—
2
a
where the claimant satisfies the condition in paragraph 9(a);
a
£44.20
b
where the claimant satisfies the condition in paragraph 9(b).
b
£65.15
3
Pensioner Premium for persons 75 or over—
3
a
where the claimant satisfies the condition in paragraph 10(a);
a
£44.20
b
where the claimant satisfies the condition in paragraph 10(b).
b
£65.15
4
Higher Pensioner Premium—
4
a
where the claimant satisfies the condition in paragraph 11(1)(a) or (b);
a
£44.20
b
where the claimant satisfies the condition in paragraph 11(2)(a) or (b).
b
£65.15
5
Disability Premium—
5
a
where the claimant satisfies the condition in paragraph 12(a);
a
£23.00
b
where the claimant satisfies the condition in paragraph 12(b).
b
£32.80
6
Severe Disability Premium—
6
a
where the claimant satisfies the condition in paragraph 14(2)(a);
a
£42.25
b
where the claimant satisfies the condition in paragraph 14(2)(b)—
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);
i
£42.25
ii
in a case where there is no-one in receipt of such an allowance.
ii
£84.50
7
Disabled Child Premium.
7
£35.50 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
£24.80 in respect of each person who satisfies the condition specified in paragraph 16.
9
Enhanced disability premium where the conditions in paragraph 14A are satisfied.
9
a
£11.25 in respect of each child or young person in respect of whom the conditions specified in paragraph 14A are satisfied;
b
£11.25 in respect of each person who is neither—
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 14A are satisfied;
c
£16.25 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 14A are satisfied in respect of a member of that couple or polygamous marriage.
SCHEDULE 10PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 1APPLICABLE AMOUNTS
PART IPERSONAL ALLOWANCES
1
102 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—
1
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
a
£32.50
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
£42.70
c
less than 18 who satisfies the condition in paragraph 13(a) of Part 3;
c
£42.70
d
not less than 18 but less than 25;
d
£42.70
e
not less than 25.
e
£53.95
2
Lone parent aged—
2
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
a
£32.50
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
£42.70
c
less than 18 who satisfies the condition in paragraph 13(a) of Part 3;
c
£42.70
d
not less than 18.
d
£53.95
3
Couple—
3.
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;
a
£64.45
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
£42.70
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
£32.50
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
£42.70
e
where both members are aged not less than 18;
e
£84.65
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
£84.65
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
£42.70
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
£53.95
2
1
103The 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 sixteenth birthday;
a
£33.50
b
beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.
b
£34.30
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, subject to sub-paragraph (7), be—
a
except in a case to which head (b) applies, £64.40; and
b
where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £71.65.
SCHEDULE 11PART 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
—
1A
104Bereavement Premium.
1A
£21.55
2
Pensioner Premium for persons aged over 60—
2
a
where the claimant satisfies the condition in paragraph 10(a);
a
£44.20
b
where the claimant satisfies the condition in paragraph 10(b);
b
£65.15
c
where the claimant satisfies the condition in paragraph 10(c).
c
£65.15
3
Pensioner Premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11.
3
£65.15
4
Higher Pensioner Premium—
4
a
where the claimant satisfies the condition in paragraph 12(1)(a);
a
£44.20
b
where the claimant satisfies the condition in paragraph 12(1)(b) or (c).
b
£65.15
5
Disability Premium—
5
a
where the claimant satisfies the condition in paragraph 13(a);
a
£23.00
b
where the claimant satisfies the condition in paragraph 13(b) or (c).
b
£32.80
6
Severe Disability Premium—
6
a
where the claimant satisfies the condition in paragraph 15(1);
a
£42.25
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
£42.25
ii
if no-one is in receipt of such an allowance.
ii
£84.50
7
Disabled Child Premium.
7
£35.50 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied.
8
Carer Premium.
8
£24.80 in respect of each person who satisfies the condition specified in paragraph 17.
9
105Enhanced disability premium where the conditions in paragraph 15A are satisfied.
9
a
£11.25 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;
b
£11.25 in respect of each person who is neither—
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 15A are satisfied;
c
£16.25 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.
SCHEDULE 12PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
PART IVB106WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA
Premium
Amount
20M
—
1
Pensioner premium where one member of a joint-claim couple is aged over 60 and the condition in paragraph 20E is satisfied.
1
£65.15.
2
Higher Pensioner Premium where one member of a joint-claim couple satisfies the condition in paragraph 20F.
2
£65.15.
3
Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20G.
3
£32.80.
4
Severe Disability Premium where one member of a joint-claim couple satisfies the condition in paragraph 20I(1)—
4
i
if there is someone in receipt of an invalid care allowance or if either member satisfies that condition only by virtue of paragraph 20I(4)107;
i
£42.25
ii
if no-one is in receipt of such an allowance.
ii
£84.50.
5
Carer Premium.
5
£24.80 in respect of each person who satisfied the condition specified in paragraph 20J.
6
108Enhanced disability premium where the conditions in paragraph 20IA are satisfied.
6
£16.25 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.
SCHEDULE 13JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES
PART IPROVISIONS IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER
Column (1) | Column (2) |
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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 |
SCHEDULE 14JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES
SCHEDULE 5A114 TO THE JOBSEEKER'S ALLOWANCE REGULATIONSAPPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES AS AMENDED BY THIS ORDER
Column (1)
Column (2)
Patients1
Subject to paragraphs 9 and 11, a joint-claim couple where one member—
a
has been a patient for more than six weeks;
b
is a member of a polygamous marriage and another member of that marriage who is not a joint-claimant has been a patient for more than six weeks.
1
a
The applicable amount under regulation 86A reduced by £15.10;
b
The applicable amount under regulation 86B (polygamous marriages) reduced by £15.10 in respect of each member of the polygamous marriage who is a patient.
Joint-Claim Couple Without Accommodation2
A joint-claim couple who are without accommodation.
2
The amount applicable to the couple under regulation 86A(a) (personal allowance) only.
Members of Religious Orders3
A joint-claim couple who are both members of and fully maintained by a religious order.
3
Nil.
Specified Cases of Temporarily Separated Joint-Claim Couples4
A joint-claim couple who are temporarily separated where—
a
one member is—
i
not a patient but is resident in a nursing home;
ii
resident in a residential care home;
iii
resident in premises used for the rehabilitation of alcoholics or drug addicts;
iv
resident in accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps115);
v
participating in arrangements for training made under section 2 of the Employment and Training Act 1973116, or section 2 of the Enterprise and New Towns (Scotland) Act 1990117 or participating in an employment rehabilitation programme established under that section of the Act of 1973, where the course requires him to live away from the dwelling occupied as the home; or
vi
in a probation or bail hostel approved for the purpose by the Secretary of State, and
b
the other member is—
i
living in the dwelling occupied as the home;
ii
a patient;
iii
in residential accommodation; or
iv
resident in a residential care home or nursing home.
4
Either—
a
the amount applicable to the joint-claim couple under regulation 86A; or
b
the aggregate of the applicable amounts of both claimants assessed under the provisions of these Regulations as if each of them were a single claimant,
whichever is the greater.
Polygamous Marriages where one or more members of the marriage are temporarily separated5
A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his, where one of them is living in the home while the other member is—
a
not a patient but is resident in a nursing home;
b
resident in a residential care home;
c
resident in premises used for the rehabilitation of alcoholics or drug addicts;
d
attending a course of training or instruction provided or approved by the Secretary of State where the course requires him to live away from home; or
e
in a probation or bail hostel approved for the purpose by the Secretary of State.
5
Either—
a
the amount applicable to the joint-claim couple under regulation 86B; or
b
the aggregate of the amount applicable for the joint-claim couple in respect of the members of the polygamous marriage who remain in the home under regulation 86B and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, whichever is the greater.
Joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in local authority accommodation6
—
1
A joint-claim couple where one member is temporarily separated from the other member where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 85 (special cases).
2
A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).
3
A joint-claim couple where both members or all the members of a polygamous marriage of which a member of the joint-claim couple is a member, are in accommodation referred to in sub-paragraph (1).
6
118—
1
The aggregate of the amount applicable for the claimant who remains in the home calculated as if he were a single claimant under regulation 83 or 85 and in respect of the other joint-claimant £75.50 of which £16.80 is for personal expenses.
2
The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 86B, and in respect of each member not in the home, £75.50 of which £16.80 is for personal expenses.
3
For each member of that couple or marriage £75.50 of which £16.80 is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e).
Joint-claim couples where one member is absent from the United Kingdom7
A joint-claim couple where one member is temporarily absent from the United Kingdom—
a
in the circumstances prescribed in regulation 50(6B);
b
in any other circumstances.
7
a
The amount applicable to them as a couple under regulation 86A for the relevant period prescribed in regulation 50(6B).
b
For the first four weeks of that absence, the amount applicable to them as a couple under regulation 86A, as the case may be, and thereafter the amount applicable to the claimant in Great Britain under regulation 83, as the case may be, as if that claimant were a single claimant.
Polygamous marriages where any member of the marriage is abroad8
A joint-claim couple where one member is a member of a polygamous marriage and—
a
he, the other member or one of his partners is;
b
he, the other member and one or more of his partners are; or
c
the other member and one or more of his partners or two or more of his partners are,
temporarily absent from the United Kingdom.
8
120For the first four weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to 86C, as the case may be, and thereafter, if the joint-claim couple are in Great Britain the amount applicable to them under regulations 86B to 86C, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.
Members of joint-claim couples in residential accommodation9
—
1
Subject to sub-paragraph (2), a joint-claim couple where one member is in or only temporarily absent from residential accommodation.
2
A joint-claim couple where either member is a member of a polygamous marriage and one or more members of that marriage are in or only temporarily absent from residential accommodation.
9
—
1
£75.50 of which £16.80 is for personal expenses.
2
The amount specified in sub-paragraph (1) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation.
SCHEDULE 15OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS
Provision in Jobseeker’s Allowance Regulations | Specified Sum |
|---|---|
Regulation 145(1)121 | 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 146G(1)122 | 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 applicable amount or, as the case may be, of the reduced applicable 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. |
Regulation 148A(1)(a)(i)123 | 90 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount. |
Regulation 148A(1)(c) | 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)124 | 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)125 | 5 per cent. |
(This note is not part of the Order)