Statutory Instrument 2002 No. 668

      The Social Security Benefits Up-rating Order 2002


      © Crown Copyright 2002

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STATUTORY INSTRUMENTS


2002 No. 668

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

The Social Security Benefits Up-rating Order 2002

  Made 12th March 2002 
  Coming into force in accordance with article 1(2)


ARRANGEMENT OF ARTICLES


PART I

Introduction
1. Citation and commencement
2. Interpretation

PART II

Social Security Benefits and Pensions
3. Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
4. Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
5. Increase in rates or amounts of certain benefits under the Pension Schemes Act
6. Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
7. Increase in rates of certain workmen's compensation and industrial diseases benefits in respect of employment before 5th July 1948
8. Earnings Limits
9. Statutory Sick Pay
10. Statutory Maternity Pay
11. Increase in rate of graduated retirement benefit
12. Increase in rates of Disability Living Allowance
13. Sums specified for child benefit
14. Increase in rates of age addition to long-term incapacity benefit
15. Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases

PART III

Income Support, Housing Benefit and Council Tax Benefit
16. Applicable amounts for Income Support
17. Income Support Transitional Protection
18. The Relevant Sum for Income Support
19. Housing Benefit
20. Council Tax Benefit

PART IV

Jobseeker's Allowance
21. Increase in age-related amounts of contribution-based Jobseeker's Allowance
22. Applicable amounts for Jobseeker's Allowance
23. The Prescribed Sum for Jobseeker's Allowance

PART V

Revocation
24. Revocation

SCHEDULES

  1. Schedule 4 to the Contributions and Benefits Act as amended by this Order

  2. Part I of Schedule 2 to the Income Support Regulations as amended by this Order

  3. Part IV of Schedule 2 to the Income Support Regulations as amended by this Order

  4. Income Support: applicable amounts in special cases

  5. Other applicable amounts specified in the Income Support Regulations

  6. Part I of Schedule 2 to the Housing Benefit Regulations as amended by this Order

  7. Part IV of Schedule 2 to the Housing Benefit Regulations as amended by this Order

  8. Part I of Schedule 1 to the Council Tax Benefit Regulations as amended by this Order

  9. Part IV of Schedule 1 to the Council Tax Benefit Regulations as amended by this Order

  10. Part I of Schedule 1 to the Jobseeker's Allowance Regulations as amended by this Order

  11. Part IV of Schedule 1 to the Jobseeker's Allowance Regulations as amended by this Order

  12. Part IVB of Schedule 1 to the Jobseeker's Allowance Regulations as amended by this Order

  13. Jobseeker's Allowance: applicable amounts in special cases

  14. Jobseeker's Allowance: applicable amounts of joint-claim couples in special cases

  15. Other applicable amounts specified in the Jobseeker's Allowance Regulations

Whereas, the Secretary of State for Work and Pensions having made a review under section 150(1) of the Social Security Administration Act 1992[
1], 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 Treasury[2], 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 I

INTRODUCTION

Citation and commencement
     1.  - (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 - 

    (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 2001[4].

    (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.

Interpretation
     2. In this Order - 

    "the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992[6];

    "the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[7];

    "the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987[8];

    "the Income Support Regulations" means the Income Support (General) Regulations 1987[9];

    "the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations 1996[10]; and

    "the Pension Schemes Act" means the Pension Schemes Act 1993[11].



PART II

SOCIAL SECURITY BENEFITS AND PENSIONS

Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
     3.  - (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 Act
    
4.  - (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 Act[
12] (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 directed[13] 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 Act[14] (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 1975[15], section 63(1)(d) of the Social Security Act 1986[16] or section 150(2) of the Social Security Administration Act 1992[17] 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.

    (5) The sums which, under - 

    (a) section 55A of the Contributions and Benefits Act[18], are shared additional pensions;

    (b) section 55C of the Contributions and Benefits Act[19], are increases in the rates of such pensions,

shall in each case 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 Act
     5.  - (1) It is hereby directed[20] 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 years[21].

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 Order
     6.  - (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 - 

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 allowance[23],

      (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 - 

 

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