Statutory Instruments
1989 No. 43
SOCIAL SECURITY
TERMS AND CONDITIONS OF EMPLOYMENT
The Social Security Benefits Up-rating Order 1989
Made
10th January 1989
Coming into force
for the purposes of articles 1, 2, and 19
1st April 1989
for the purposes of article 18
1st or 3rd April 1989
for the purposes of article 10
2nd April 1989
for the purposes of articles 9 and 12
6th April 1989
for the purposes of articles 13 and 14
11th April 1989
for all other purposes
10th April 1989
Whereas, the Secretary of State for Social Security having made a review under section 63(1) of the Social Security Act 1986(1), a draft of the following order was laid before Parliament in accordance with the provisions of section 63(2) and section 83(3)(d) 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 Treasury(2) in exercise of the powers conferred upon him by section 63 of the Social Security Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Order:
PART IINTRODUCTION
Citation and commencement
1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 1989.
(2) Subject to paragraphs (3) to (6) below, this Order shall come into force for the purposes of articles 1, 2, 18 and 19 on 1st April 1989, for the purposes of article 10 on 2nd April 1989, for the purposes of articles 9 and 12 on 6th April 1989, for the purposes of articles 13 and 14 on 11th April 1989, and for all other purposes on 10th April 1989.
(3)Articles 15, 16 and 17 of this Order shall come into force in relation to any particular beneficiary at the beginning of the first benefit week to commence for that beneficiary on or after 10th April 1989, and for this purpose “benefit week” has the same meaning as in the Income Support Regulations(3).
(4) Article 18 of this Order shall come into force in relation to any case to which paragraph (5) below applies on 1st April 1989, and in any other case on 3rd April 1989.
(5) This paragraph applies in any case where –
(a)rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof; or
(b)payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof.
(6) The increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 5 of the Order.
Interpretation
2. In this Order, unless the context otherwise requires –
“the 1975 Act” means the Social Security Act 1975(4);
“the 1986 Act” means the Social Security Act 1986;
“the Pensions Act” means the Social Security Pensions Act 1975(5)
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987(6);
“the Income Support Regulations” means the Income Support (General) Regulations 1987(7);
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(8); and
“the Community Charge Rebates Regulations” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988(9)
PART IISOCIAL SECURITY BENEFITS
Alterations in rates or amounts of certain benefits under the 1975 Act
3.—(1) In this article, “Schedule 4” means Schedule 4 to the 1975 Act(10).
(2) The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 5 below; and Schedule 4 shall accordingly have effect as set out in Schedule 1 to this Order.
(3) The sums mentioned in paragraph (2) above are the sums specified in Parts I, III, IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increase of benefits for dependants and rates or amounts of industrial injuries benefits, respectively), except in Part III the sum specified for age addition.
Increase of rates or amounts of certain benefits under the Pensions Act
4.—(1) The sums specfied in paragraphs (2) and (3) below shall be increased from and including the respective dates specified in article 5 below.
(2) In section 6(1)(a) of the Pensions Act (basic pension in a Category A retirement pension) –
(a)so far as the sum is relevant for the purpose of calculating under section 14(6) of the 1975 Act the rate of sickness benefit, for the sum of £39.45 there shall be substituted the sum of £41.80.
(b)except so far as mentioned in sub-paragraph (a) above, for the sum of £41.15 there shall be substituted the sum of £43.60.
(3) It is hereby directed(11) that the sums which are –
(a)the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1988/89,
(b)the increases in the rates of retirement pensions under Schedule 1 to the Pensions Act (increases of pension where pensioner defers retirement), and
(c)(i)payable by virtue of section 35(6) of the Pensions 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 36(3)); or
(ii)payable to such a person as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the 1975 Act(12) or section 63 of the 1986 Act,
shall in each case be increased by 5.9 per cent. of their amount apart from this Order.
Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are increased by this Order
5.—(1) The following provisions of this article specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case.
(2) In relation to the case of a person over pensionable age who has not retired from regular employment and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with section 14(6) or 15(4) of the 1975 Act(13), the increases in the sums mentioned in articles 3, 4 and 7 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependents) shall take effect on 13th April 1989 and in relation to all other cases the increases in such sums shall take effect on 10th April 1989.
(3) The increase in the sums mentioned in article 4(3)(c) shall take effect on 10th April 1989.
(4) The increases in the sums specified for the rate of maternity allowance, widow’s allowance(14), widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance(15), 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), guardian’s allowance and 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) shall in all cases take effect on 10th April 1989.
(5) The increases in the sums specified for the rate of mobility allowance, 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 section 57(5) of the 1975 Act(16), increase of unemployability supplement under section 59 of the 1975 Act(17) and maximum, under section 91(1) of the 1975 Act, of the aggregate of weekly benefit payable for successive accidents, shall in all cases take effect from 12th April 1989.
(6) Where a person’s weekly rate of Category A or B retirement pension falls to be increased under the provisions of section 28(7) or 29(8) of the 1975 Act(18) by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 10th April 1989 and where it does not fall to be so increased the sum so specified shall take effect on 13th April 1989.
(7) The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increase for dependants), shall take effect in all cases on 13th April 1989.
Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975
6. In the Industrial Injuries and Diseases (Old Cases) Act 1975(19) the sum of £24.75 referred to in section 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and section 7(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 12th April 1989 for that sum in section 2(6)(c), and from and including 13th April 1989 for that sum in section 7(2)(b), there shall be substituted the sum of £26.20.
Increase in rate of graduate retirement benefit and increments thereof
7.—(1) In the National Insurance Act 1965(20) the sum of 5.39 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 5.9 per cent.; and from and including 10th April 1989 the reference in that provision to that sum shall accordingly have effect as a reference to 5.71 pence
(2) It is hereby directed that the sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978(21) (increases for deferred retirement) shall be increased by 5.9 per cent. of their amount apart from this Order.
Sum specified for child benefit
8. In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(22) (weekly rates of child benefit) –
(a)in paragraph (1), the sum specified is £7.25; and
(b)in paragraph (2), for the sum of £4.90, there shall be substituted the sum of £5.20.
Statutory Sick Pay
9.—(1) The sums specified in section 7(1) of the Social Security and Housing Benefits Act 1982(23) (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) shall be increased in accordance with the following provisions of this article.
(2) In section 7(1)(a) for the sums of £49.20 and £79.50 there shall be substituted the sums of £52.10 and £84.00 respectively.
(3) In section 7(1)(b) for the sum of £34.25 there shall be substituted the sum of £36.25.
Statutory Maternity Pay
10. The sum specified in regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(24) (lower rate of statutory maternity pay) shall be increased by the substitution for the sum of £34.25 of the sum of £36.25.
Earnings Limits
11.—(1) The sum specified in subsection (1) of section 30 of the 1975 Act (Category A and B retirement pensions where pensioner has earnings) is £75 and the sums specified –
(a)in paragraph (a) of that subsection, are £4, 5 pence and 10 pence respectively, and
(b)in paragraph (b) of that subsection, are £4, 5 pence, 10 pence, £4, 5 pence and 5 pence respectively.
(2) The sums specified in section 41(2B) of the 1975 Act(25) (earnings limits for child dependency increases shall be increased from £90, £11 and £90 to £95, £12 and £95 respectively.
Statutory Sick Pay transitional provision
12. Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1989 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or treated for the purpose of section 7(1) of the Social Security and Housing Benefits Act 1982 as not less than £79.50, they shall be treated as not less than £84.00 for the remainder of that period.
PART IIIFAMILY CREDIT, INCOME SUPPORT AND HOUSING BENEFIT
Family Credit
13. In the Family Credit Regulations –
(a)in regulation 46(4) (determination of appropriate maximum family credit), the sum prescribed is £3,000;
(b)in regulation 47 (applicable amount for family credit) for the sum of £51.45 there shall be substituted the sum of £54.80; and
(c)in paragraph 19 of Schedule 2 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.
Sums prescribed for the purpose of Family Credit
14. The sums prescribed in Schedule 4 to the Family Credit Regulations (determination of maximum family credit), shall be increased as from 11th April 1989; and Schedule 4 shall accordingly have effect as set out in Schedule 2 to this Order.
Applicable amounts for Income Support
15.—(1) As from 10th April 1989 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 the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules 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), and in paragraph 14(a) of Part III of Schedule 2, paragraph 1(2) of Part I of Schedule 4 and paragraph 1(2) of Part I of Schedule 5, 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 increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 3 to this Order.
(4)In paragraph 3 of Part II of Schedule 2 (family premium) for the sum of £6.15 there shall be substituted the sum of £6.50.
(5) The sums specified in Part IV of Schedule 2 (weekly amounts of premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 4 to this Order.
(6) In paragraph 11(1) of Schedule 3 (housing costs: non-dependent deductions) for the sums of £11.20, £8.20, £6.45 and £3.45 there shall be substituted the sums of £12.50, £9.15, £7.20 and £3.85 respectively.
(7) paragraph 11(2) of Schedule 3 for the sum of £49.20 there shall be substituted the sum of £52.10.
(8) In any provision of Schedule 4 (applicable amounts of persons in residential care and nursing homes) shown in column (1) of Part I of Schedule 5 to this Order, for the sum shown against that provision in Column (2) there shall be substituted the increased sum shown against it in column (3).
(9) Except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 5 to this Order.
(10) In any provision of Part I of Schedule 5 (applicable amount of persons in hostels) shown in column (1) of Part I of Schedule 6 to this Order, for the sums shown against that provision in column (2) there shall be substituted the increased sums shown against it in column (3).
(11) Except as provided in paragraph (10) of this article, the sums specified in Part I of Schedule 5 are those set out in Part II of Schedule 6 to this Order.
(12) In any provision of Schedule 7 (applicable amounts in special cases) shown in column (1) of Part I of Schedule 7 to this Order, for the sum shown against that provision in column (2) there shall be substituted the increased sum shown against it in column (3).
(13) Except as provided in paragraph (12) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.
(14) 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.
(15) In paragraph 19 of Schedule 9 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.
Income Support Transitional Protection
16. Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(26) shall be increased by 4.7 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
17. In section 23(5)(b) of the 1986 Act(27) (trade disputes: the relevant sum) the substituted sum is £18.50.
Applicable amounts for housing benefit (Housing Costs)
18.—(1) As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount and 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 regulations of and Schedules to the Housing Benefit Regulations bearing that number.
(2) In regulations 16(b) and 17(c) (applicable amounts) the sum specified is in each regulation £3,000.
(3) In regulation 18(1) (patients), for the sum of £8.25 in each place in which it occurs, there shall be substituted the sum of £8.70, and for the sum of £16.50 there shall be substituted the sum of £17.40.
(4) In regulation 63(1) (non-dependant deductions), for the sums of £8.20, £3.00, £3.45 and £3.00 there shall be substituted the sums of £9.15, £3.35, £3.85 and £3.35 respectively.
(5) In regulation 63(2), for the sum of £49.20 there shall be substituted the sum of £52.10.
(6) In paragraph 5(2) of Part II of Schedule 1, for the sums of £6.70, £0.80, £0.50 and £0.80 there shall be substituted the sums of £7.00, £0.85, £0.55 and £0.85 respectively.
(7) The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and accordingly that part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.
(8) In paragraph 3 of Part II of Schedule 2, for the sum of £6.15 there shall be substituted the increased sum of £6.50.
(9) The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order.
(10) In paragraph 20 of Schedule 4 (sums to be disregarded in calculation of income), in sub-paragraph (b) for the sum of £6.70 there shall be substituted the sum of £7.00.
Applicable amounts for housing benefit (Community Charge rebates)
19.—(1) As from 1st April 1989, the sums relevant to the calculation of an applicable amount and specified in the Community Charge Rebates Regulations shall be the sums set out in the following provisions of this article and in Schedules 10 and 11 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 regulations of and Schedules to the Community Charge Rebates Regulations bearing that number.
(2) In regulations 7(1)(b) and 8(c) (applicable amounts) the sum specified is in each regulation £3,000.
(3) In regulation 9(1) (patients), for the sum of £8.25 in each place in which it occurs, there shall be substituted the sum of £8.70, and for the sum of £16.50 there shall be substituted the sum of £17.40.
(4) The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.
(5) In paragraph 3 of part II of Schedule 1, for the sum of £6.15 there shall be substituted the increased sum of £6.50.
(6) The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order.
(7) In paragraph 20 of Schedule 3 (sums disregarded in calculation of income other than earnings), for the sum of £6.70 there shall be substituted the increased sum of £7.00.
Transitional
20. Nothing in this Order shall affect the rate at which family credit is payable under any award running at 11th April 1989.
PART IVREVOCATIONS
Revocations
21. Articles 2 to 10 of and the Schedule to the Social Security Benefits Up-rating (No. 2) Order 1987(28) are hereby revoked in relation to any particular case as from the date on which the rates or amounts of benefit specified in relation to any benefit mentioned in Part II of this Order takes effect in relation to that case.
Signed by authority of the Secretary of State for Social Security.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Social Security
4th January 1989
We consent,
D. Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 1989
Article 3(2)
SCHEDULE 1SCHEDULE 4 TO THE 1975 ACT AS AMENDED BY THIS ORDER
SCHEDULE 4RATES OF BENEFITS, GRANTS AND INCREASES FOR DEPENDANTS
PART ICONTRIBUTORY PERIODICAL BENEFITS (SECTIONS 14-31)
Description of benefit
Weekly rate
1. Unemployment or sickness benefit (section 14).
(a)unemployment benefit ... ... ... ...£34.70.
(b)sickness benefit ... ... ... ...£33.20.
3. Invalidity allowance (section 16).
(a)higher rate ... ... ... ...£ 9.20.
(b)middle rate ... ... ... ...£5.80.
(c)lower rate ... ... ... ...£2.90.
(the appropriate rate being determined in accordance with section 16(2)(29)).
4. Maternity allowance (section 22).
£33.20.
5. Widow’s allowance (section 24).
£57.65.
9. Category B retirement pension where section 29(7)(a)(i) applies.
£26.20.
10. Child’s special allowance (section 31).
£8.95.
PART 1A(30)WIDOW'S PAYMENT
Widow’s payment (section 24) £1,000.00
PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS (SECTION 34-40)
Description of benefit
Weekly rate
1. Attendance allowance (section 35).
(a)higher rate ... ... ... ...£34.90.
(b)lower rate ... ... ... ...£23.30.
(the appropriate rate being determined in accordance with section 35(3)(31)).
2. Severe disablement allowance (section 36).
£26.20.
3. Invalid care allowance (section 37).
£26.20.
3A. Mobility allowance (section 37A).
£24.40.
4. Guardian’s allowance (section 38).
£8.95.
5. Category C retirement pension (section 39).
(a)lower rate ... ... ... ...£15.65.
(b)higher rate ... ... ... ...£26.20.
(the appropriate rate being determined in accordance with section 39(2)).
5A. Category D retirement pension (section 39)(32).
The higher rate for Category C retirement pensions under paragraph 5 above.
6. Age addition (to a pension of any category, and otherwise under section 40).
£0.25.
PART IVINCREASES FOR DEPENDANTS (SECTIONS 41-49)
Benefit to which increase applies
Increase for qualifying child
Increase for adult dependent
(1)
(2)
(3)
£
£
1. Unemployment or sickness benefit –
(a)unemployment benefit, where the beneficiary is under pensionable age
–
21.40
(b)unemployment benefit, where the beneficiary is over pensionable age
8.95
26.20
(c)sickness benefit, where the beneficiary is under pensionable age
–
20.55
(d)sickness benefit, where the beneficiary is over pensionable age
8.95
25.10
2. Invalidity pension ... ... ... ...
8.95
26.20
3. Maternity allowance ... ... ... ...
–
20.55
4. Widow’s allowance ... ... ... ...
8.95
–
5. Widowed mother’s allowance ... ... ... ...
8.95
–
6. Category A or B retirement pension ... ... ... ...
8.95
26.20
7. Category C retirement pension ... ... ... ...
8.95
15.65
8. Child’s special allowance ... ... ... ...
8.95
–
9. Severe disablement allowance ... ... ... ...
8.95
15.65
10. Invalid care allowance ... ... ... ...
8.95
15.65
PART VRATE OR AMOUNT OF INDUSTRIAL INJURIES BENEFIT
Description of benefit, etc.
Rate or amount
2. Maximum disablement gratuity under section 57(5).
£4730.00
3. Disablement pension under section 57(6) (weekly rates)
For the several degress 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 dependent;
(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
71.20
43.60
90
64.08
39.24
80
56.96
34.88
70
49.84
30.52
60
42.72
26.16
50
35.60
21.80
40
28.48
17.44
30
21.36
13.08
20
14.24
8.72
4. Unemployability supplement under section 58 (increase of weekly rate of disablement pension).
£43.60
5. Increase under section 59 of weekly rate of unemployability supplement (early onset of incapacity for work).
(a)if on the qualifying date the beneficiary was under the age of 35, or if that date fell before 5th July 1948 ... ... ... ...£9.20.
(aa)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 ... ... ... ...£9.20.
(b)if heads (a) and (aa) above do not apply and on the qualifying date the beneficiary was under the age of 45 ... ... ... ...£5.80.
(bb)if heads (a), (aa) and (b) 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 ... ... ... ...£5.80.
(c)in any other case ... ... ... ...£2.90.
7. Maximum increase under section 61 of weekly rate of disablement pension where constant attendance needed.
(a)except in cases of exceptionally severe disablement ... ... ... ...£28.50.
(b)in any other case ... ... ... ...£57.00.
8. Increase under section 63 of weekly rate of disablement pension (exceptionally severe disablement).
£28.50.
10. Increase under section 64 of weekly rate of disablement pension (dependent children).
£8.95
12. Increase under section 66(2) of weekly rate of disablement pension (adult dependant).
£26.20
13. Widow’s pension under section 68 (weekly rates) –
(a)initial rate ... ... ... ...
£57.65
(b)higher permanent rate ... ... ... ...
£43.60
(c)lower permanent rate
30 per cent. of the sum specified in section 6(1)(a) of the Pensions Act.
14. Widower’s pension under section 69 (weekly rate).
£43.60
15. Weekly rate of allowance under section 70 in respect of children
In respect of each qualifying child ... ... ... ...£8.95
16. Maximum under section 91(1) 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 ... ... ... ...£71.20
(b)for any period during which the beneficiary is not over the age of 18 and not so entitled ... ... ... ...£43.60
Article 14
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
£33.60.
2. Child –
(a)aged less than 11 years;
(a)£7.30;
(b)aged not less than 11 but less than 16 years.
(b)£12.90.
3. Young person–
(a)aged not less than 16 but less than 18 years;
(a)£16.35;
(b)aged not less than 18 but less than 19 years.
(b)£23.30.
Article 15(3)
SCHEDULE 3PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 2APPLICABLE AMOUNTS
PART 1PERSONAL 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 amount and polygamous marriages).
PERSONAL ALLOWANCES
Column (1)
Column (2)
Person or Couple
Amount
(1) Single claimant aged –
(a)less than 18;
(1) (a) £20.80
(b)not less than 18 but less than 25;
(b)£27.40
(c)not less than 25.
(c)£34.90
(2) Lone parent aged –
(a)less than 18;
(2) (a) £20.80
(b)not less than 18.
(b)£34.90
(3) (a) Couple –
(a)where both members are aged less than 18 and –
(3) (a) £41.60
(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 be eligible for income support under regulation 13A (circumstances in which a person aged 16 or 17 is eligible for income support); or
(iii)they are married and each member is either a registered person or a person to whom Part I of Schedule 1A applies; or
(iv)there is a direction under section 20(4A) of the Act (income support to avoid severe hardship) in respect of each member; or
(v)there is a direction under section 20(4A) of the Act in respect of one of them and the other is eligible for income support under regulation 13A;
(b)where both members are aged less than 18 and sub-paragraph (3)(33) above does not apply but one member of the couple –
(b)£20.80
(i)is eligible for income support under regulation 13A; or
(ii)is the subject of a direction under section 20(4A);
(c)where both members are aged not less than 18;
(c)£54.80
(d)where one member is aged not less than 18 and the other member is a person who is under 18 who –
(d)£54.80
(i)is eligible for income support under regulation 13A; or
(ii)is the subject of a direction under section 20(4A)
(e)where one member is aged not less than 18 but less than 25 and the other member is a person under 18 who –
(e)£27.40
(i)is not eligible for income support under regulation 13A; or
(ii)is not the subject of a direction under section 20(4A);
(f)where one member is aged not less than 25 and the other member is a person under 18 who –
(f)£34.90
(i)is not eligible for income support under regulation 13A; and
(ii)is not the subject of a direction under section 20(4A).
2. The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).
Column (1)
Column (2)
Child or Young Person
Amount
Person aged –
(a)less than 11;
(a)£11.75
(b)not less than 11 but less than 16;
(b)£17.35
(c)not less than 16 but less than 18;
(c)£20.80
(d)not less than 18.
(d)£27.40
Article 15(5)
SCHEDULE 4PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER
PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III
Premium
Amount
15. —
(1) Lone Parent Premium –
(1) £3.90
(2) Pensioner Premium –
(a)where the claimant satisfies the condition in paragraph 9(a);
(2) (a) £11.20
(b)where the claimant satisfies the condition in paragraph 9(b).
(b)£17.05
(3)Higher Pensioner Premium –
(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);
(3) (a) £13.70
(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b).
(b)£19.50
(4) Disability Premium –
(a)where the claimant satisfies the condition in paragraph 11(a);
(4) (a) £13.70
(b)where the claimant satisfies the condition in paragraph 11(b).
(b)£19.50
(5) Severe Disability Premium –
(a)where the claimant satisfies the condition in paragraph 13(2)(a);
(5) (a) £26.20
(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)(a);
(2)(i)£26.20
(ii)if no one is in receipt of such an allowance.
(ii)£52.40
(6) Disabled Child Premium –
(6) £6.50 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied.
Article 15(8) and (9)
SCHEDULE 5APPLICABLE AMOUNTS OF PERSONS IN RESIDENTIAL CARE AND NURSING HOMES
PART ISUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED
(1)
(2)
(3)
Paragraph in Schedule 4
Specified Sum
Substituted Sum
£
£
6(1)(a), (b), (c), (e)(ii) and (f)
130.00 weekly
140.00 weekly
(1)(d)
160.00 weekly
165.00 weekly
6(1)(e)(i)
190.00 weekly
200.00 weekly
7(a)
185.00 weekly
195.00 weekly
7(b)
200.00 weekly
205.00 weekly
7(c), (d)(ii) and (f)
185.00 weekly
190.00 weekly
7(d)(i) and (e)
230.00 weekly
235.00 weekly
11
17.50
23.00
13(a) and (b)
9.55 weekly
10.05 weekly
13(c)
6.20 weekly
7.00 weekly
13(d)
5.30 weekly
6.05 weekly
13(e)
3.45 weekly
4.10 weekly
PART IIOTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS
Paragraph in Schedule 4
Specified Sum
2(2)(b)(i)
daily
£1.10
2(2)(b)(ii)
daily
£1.55
2(2)(b)(iii)
daily
£1.55
6(2)
weekly
£155.00
Article 15(10) and (11)
SCHEDULE 6APPLICABLE AMOUNTS OF PERSONS IN HOSTELS
PART ISUMS SPECIFIED IN SCHEDULE 5 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED
(1)
(2)
(3)
Paragraph in Schedule 7
Specified Weekly Sum
Substituted Weekly Sum
£
£
11(a)
11.50
13.25
11(b) and (c)
10.30
11.95
11(d)
6.20
7.00
11(e)
5.30
6.05
11(f)
3.45
4.10
PART IIOTHER SUMS SPECIFIED IN SCHEDULE 5 TO THE INCOME SUPPORT REGULATIONS
Paragraph in Schedule 5
Specified Sum
£
2(b)(i)
daily
1.10
2(b)(ii) and (iii)
daily
1.55
5(a) and (b)(34)
weekly
70.00
7
lower rate
17.50
higher rate
35.00
9
35.00
Article 15(12)
SCHEDULE 7APPLICABLE AMOUNTS IN SPECIAL CASES
PART ISUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS WHICH ARE INCREASED
(1)
(2)
(3)
Paragraph in column (2) of Schedule 7
Specified Weekly Sum
Substituted Weekly Sum
£
£
1(a), (b), (c)(i) and (d), 2 and 3
8.25
8.70
1(c)(ii)
16.50
17.40
10A(35)
41.15, 32.90 and 8.25 respectively
43.60, 34.90 and 8.70 respectively
10B
41.15, 32.90 and 8.25 respectively
43.60, 34.90 and 8.70 respectively
10C(36)
41.15, 32.90 and 8.25 respectively
43.60, 34.90 and 8.70 respectively
13(1)
41.15, 32.90 and 8.25 respectively
43.60, 34.90 and 8.70 respectively
13(2)
8.25
8.70
18(b) and (c)
8.25
8.70
PART IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS
Paragraph in column (2) of Schedule 7
Specified Sum
7
Nil
8(a)
Nil
16
80 per cent.
17
Nil
Article 15(14)
SCHEDULE 8OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS
Provisions in Income Support Regulations
Specified Sum
Regulation 22(1)
Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. of the relevant amount.
Regulation 22(2)(37)
£200.
Regulation 22(2)
Weekly applicable amount to be reduced by a sum equivalent to 20 per cent. of the relevant amount.
Regulation 71(1)(a)(i)
90 per cent. of the amount applicable, or as the case may be, of the relevant amount.
Regulation 71(1)(b)(i)
90 per cent. of the amount so reduced, or as the case may be, of the relevant amount.
Regulation 71(1)(c)(i)
90 per cent. of the amount in respect of personal expenses.
Regulation 71(1)(c)(iii)
80 per cent. of the applicable amount in special cases.
Regulation 71(1)(d)(a)
90 per cent. of the applicable amount.
Schedule 3, paragraph 7(1)(a) and (b)(i) and (2) (penultimate line)
100 per cent. of the eligible interest.
Schedule 3, paragraph 7(1)(b)(ii), (2)(a) and (6)
50 per cent. of the eligible interest.
Schedule 3, paragraph 8(2)
£500
Schedule 3, paragraph 9(5)(a)(ii) and (b)(ii)
20 per cent. of eligible rates.
Article 18(7)
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 –
(a)less than 18;
(1) (a) £20.80
(b)not less than 18 but less than 25;
(b)£27.40
(c)not less than 25.
(c)£34.90
(2) Lone parent aged –
(a)less than 18;
(2) (a) £20.80
(b)not less than 18.
(b)£34.90
(3) Couple –
(a)where both members are aged less than 18;
(3) (a) £41.60
(b)where at least one member is aged not less than 18.
(b)£54.80
2. The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 16(b) and 17(c) –
(1)
(2)
Child or Young Person
Amount
Person aged:–
(a)less than 11;
(a)£11.75
(b)not less than 11 but less than 16;
(b)£17.35
(c)not less than 16 but less than 18;
(c)£20.80
(d)not less than 18.
(d)£27.40
Article 18(9)
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) Lone Parent Premium.
1. £8.60
(2) Pensioner Premium –
2.
(a)where the claimant satisfies the condition in paragraph 9(a);
(a)£11.20
(b)where the claimant satisfies the condition in paragraph 9(b).
(b)£17.05
(3) Higher Pensioner Premium –
3.
(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);
(a)£13.70
(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b).
(b)£19.50
(4) Disability Premium –
4
(a)where the claimant satisfies the condition in paragraph 11(a);
(a)£13.70
(b)where the claimant satisfies the condition in paragraph 11(b).
(b)£19.50
(5) Severe Disability Premium –
5.
(a)where the claimant satisfies the condition in paragraph 13(2)(a);
(a)£26.20
(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
(b)(i)£26.20
(ii)in a case where there is no-one in receipt of such an allowance
(ii)£52.40
(6) Disabled Child Premium.
6. £6.50 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.
Article 19(4)
SCHEDULE 11PART II OF SCHEDULE 1 TO THE COMMUNITY CHARGE REBATES 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 7(1) and 8(a) and (b) —
(1)
(2)
Person or Couple
Amount
(1) Single claimant aged –
(a)not less than 18 but less than 25;
(1) (a) £27.40
(b)not less than 25.
(b)£34.90
(2) Lone parent
(2) £34.90
(3) Couple
(3) £54.80
2. The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 7(1)(b) and 8(c) –
(1)
(2)
Child or Young Person
Amount
Person aged –
(a)less than 11;
(a)£11.75
(b)not less than 11 but less than 16;
(b)£17.35
(c)not less than 16 but less than 18;
(c)£20.80
(d)not less than 18.
(d)£27.40
Article 19(6)
SCHEDULE 12PART IV OF SCHEDULE 1 TO THE COMMUNITY CHARGE REBATES REGULATIONS AS AMENDED BY THIS ORDER
SCHEDULE 1APPLICABLE AMOUNTS
PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III
Premium
Amount
16. —
(1) Lone Parent Premium.
1. £8.60
(2) Pensioner Premium –
2.
(a)where the claimant satisfies the condition in paragraph 9(a);
(a)£11.20
(b)where the claimant satisfies the condition in paragraph 9(b).
(b)£17.05
(3) Higher Pensioner Premium –
3.
(a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b);
(a)£13.70
(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b).
(b)£19.50
(4) Disability Premium –
4.
(a)where the claimant satisfies the condition in paragraph 11(a);
(a)£13.70
(b)where the claimant satisfies the condition in paragraph 11(b).
(b)£19.50
(5) Severe Disability Premium –
5.
(a)where the claimant satisfies the condition in paragraph 13(2)(a);
(a)£26.20
(b)where the claimant satisfies the condition in paragraph 13(2)(b)–
(i)in a case where there is someone in receipt of an invaid care allowance
(b)(i)£26.20
(ii)in a case where there is no-one in receipt of such an allowance
(ii)£52.40
(6) Disabled Child Premium.
6. £6.50 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.
Explanatory Note
(This note is not part of the Order)
This Order, a draft of which has been laid before and approved by resolution of each Houseof Parliament, is made as a consequence of a review under section 63(1) of the Social Security Act 1986 (“the 1986 Act”) and includes details of the sums mentioned in that section.
Part I relates to citation, commencement and interpretation. Part II relates to non-means tested benefits. Article 3 alters the benefits and increases of benefit (except age addition) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Act 1975 (“the 1975 Act”). Article 4 increases the rates and amounts of certain benefits under Part II of the Social Security Pensions Act 1975 (“the Pensions Act”) (including increases of Category A or B retirement pensions payable by reference to the increases of increments in guaranteed minimum pensions payable by virtue of section 35(6) of that Act); article 5 specifies the dates from which the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are altered. Article 6 increases the rates laid down in the Industrial Injuries and Diseases (Old Cases) Act 1975 for the maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation and the weekly rate of allowance under the Industrial Diseases Schemes where disablement is not total. Article 7 increases the rate of graduated retirement pension under the National Insurance Act 1965.
Article 8 provides for the weekly rate of one-parent benefit to be increased. Article 9increases the weekly rate of statutory sick pay payable as from 6th April 1989. Article 10 increases the lower rate of statutory maternity pay and article 11 specifies earnings limits forretirement pension and child dependency increases. Article 12 is a transitional provision relating to statutory sick pay.
Part III of the Order relates to family credit, income support and housing benefit. Article 13 sets out the component rates of the applicable amount for family credit purposes. Article 14 and Schedule 2 specify the maximum amount payable by way of family credit for an adult, child or young person.
Article 15 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 15(3) and Schedule 3 set out the personal allowances; article 15(5) and Schedule 4 set out the premiums; article 15(8) and (9) set out the amounts relevant to the beneficiaries in residential care and nursing homes; article 15(10) and (11) and Schedule 6 set out the amounts relevant to those beneficiaries residing in hostels; article 15(12) and Schedule 10 set out the amounts relevant to special cases; and article 15(14) and Schedule 8 set out other miscellaneous amounts. Article 16 provides for the percentage increase of sums payable by way of special transitional additions to income support. Article 17 states the sum by which any income support of a person involved in a trade dispute is reduced.
Article 18 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 18(7) and Schedule 9 set out the personal allowances and article 18(9) and Schedule 10 set out the premiums.
Article 19 states the amount of the sums relevant to the applicable amount for the purposes of community charge rebates in Scotland specified in the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988. Article 19(4) and Schedule 11 set out the personal allowances and article 19(6) and Schedule 12 the premiums. Article 20 is a transitional provision relating to family credit. Article 21 contains revocations.
In accordance with section 63(11) of the Social Security Act 1986, a copy of the report of the Government Actuary (Cm.537) giving his opinion on the likely effect on the National Insurance Fund of the making of this Order was laid before Parliament with the draft Order.
(1)
1986 c. 50; section 63(7) was amended by the Social Security Act 1988 (c. 7), Schedule 5, and section 63(10) was modified by regulation 2 of the Social Security Act 1986 (Consequential) Amendment Regulations 1988 (S.I. 1988/961).
(2)
See section 83(5) of the Social Security Act 1986.
(3)
See Regulation 2(1) of S.I. 1987/1967, as amended by regulation 2(a) of S.I. 1988/1445.
(4)
1975 c. 14.
(5)
1975 c. 60.
(6)
S.I. 1987/1973, the relevant amending instrument is S.I. 1988/660.
(7)
S.I. 1987/1967, the relevant amending instruments are S.I. 1988/663, 910, 999, 1228, 1445.
(8)
S.I. 1987/1971, the relevant amending instrument is S.I. 1988/1444.
(9)
S.I. 1988/1890.
(10)
Schedule 4 was amended by section 21(1) and (2) of, and Schedules 4 and 5 to, the Child Benefit Act 1975 (c. 61), section 22(2) of, and paragraphs 62 and 63 of Schedule 4 to, the Social Security Pensions Act 1975, paragraph 13 of Schedule 1 to the Social Security Act 1979 (c. 18) and the Social Security Benefits Up-rating (No. 2) Order 1987 (S.I. 1987/1978).
(11)
See section 23(2) and (3) of the Social Security Pensions Act 1975 (c. 60), as amended by the Social Security Act 1986, Schedule 10, paragraph 91.
(12)
Section 126A was inserted by section 12 of the Social Security Act 1979 (c. 18) and repealed by the Social Security Act 1986, section 86, Schedule 11.
(13)
Section 14(6) is amended by the Social Security Pensions Act 1975 (c. 60), section 65(1), Schedule 4, paragraph 39)) and the Social Security Act 1979 (c. 18), section 21(4), Schedule 3, paragraph 6; and section 15(4) is amended by the Social Security Pensions Act 1975, section 65(1), Schedule 4, paragraph 40(c) and the Social Security Act 1979, section 21(4), Schedule 3, paragraph 7.
(14)
Widow’s allowance was replaced as from 11th April 1988 by Widow’s Payment (section 36(1) and (2) of the Social Security Act 1986 (c. 50)) except in the case of widows whose husbands died before that date (regulation 2 of S.I. 1987/1692).
(15)
Child’s special allowance was abolished except for existing beneficiaries as from 6th April 1987 (section 40 of the Social Security Act 1986).
(16)
Repealed by the Social Security Act 1986 (c. 50), section 86, Schedule 11; but saved in certain circumstances by S.I. 1986/1561, regulation 13.
(17)
Repealed, except for existing beneficiaries, by the Social Security Act 1986;see section 39, Schedule 3, paragraph 4.
(18)
Section 28(7) is amended by the Social Security (No. 2) Act 1980 (c. 39), section 3(3).
(19)
1975 c. 16. Sections 2(6)(c) and 7(2)(b) were amended by the Social Security Benefits Up-rating (No. 2) Order 1987 (S.I. 1987/1978).
(20)
1965 c. 51. Section 36 was repealed by the Social Security Act 1973 (c. 38) but subsection (1) is now continued in force by regulation 3 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393) in the modified form set out in the Schedule to those Regulations as amended by article 6 of the Social Security Benefits Up-rating (No. 2) Order 1987 (S.I. 1987/1978).See also regulation 2 of those Regulations.
(21)
S.I. 1978/393.
(22)
S.I. 1976/1267; the relevant amending instruments are S.I. 1977/1328, 1980/110, 1985/1243, 1986/1172 and 1987/1978.
(23)
1982 c. 24; section 7(1) was substituted by regulation 2 of the Statutory Sick Pay (Rate of Payment) Regulations 1987 (S.I. 1987/33).
(24)
S.I. 1986/1960.
(25)
Section 41(2B) was inserted by the Health and Social Security Act 1984 (c. 48), section 13, Schedule 5, paragraph 3(c).
(26)
S.I. 1987/1969; additions to income support may be included in the Order under section 63 of the Social Security Act 1986 by virtue of the modification made by regulation 2 of S.I. 1988/961.
(27)
Stated in accordance with the Social Security Act 1986 (c. 50), section 23(7).
(28)
S.I. 1987/1978.
(29)
Section 16(2) was amended by paragraph 10 of Schedule 1 to the Social Security Act 1979 (c. 18).
(30)
Part 1A was inserted in Schedule 4 as from 11th April 1988 by section 36(2) of the Social Security Act 1986 (c. 50); S.I. 1987/1096, article 2(4), Schedule.
(31)
Section 35(3) was amended by section 2(4) of the Social Security Act 1979.
(32)
Paragraph 5A was inserted by section 12(2) of the Social Security Act 1985 (c. 53).
(33)
Amended by S.I. 1988/1228, regulation 9.
(34)
Substituted as from 10th April 1989 by S.I. 1988/1455, Schedule 1, paragraph 7(c).
(35)
Paragraphs 10A and 10B were inserted by regulation 33(bv) of S.I. 1988/663 and paragraph 10A was amended by regulation 21(b) of S.I. 1988/2022.
(36)
Inserted by regulation 22(c) of S.I. 1988/2022.
(37)
Inserted by S.I. 1988/633, regulation 25(b).
