Statutory Rules of Northern Ireland

2007 No. 153

SOCIAL SECURITY

STATUTORY MATERNITY PAY; STATUTORY SICK PAY; EMPLOYMENT; HOUSING; RATES

The Social Security Benefits Up-rating Order (Northern Ireland) 2007

Made

9th March 2007

Coming into operation in accordance with Article 1

CONTENTs

Go to Preamble

  1. PART I

    INTRODUCTION

    1. 1. Citation, commencement and effect

    2. 2. Interpretation

  2. PART II

    SOCIAL SECURITY BENEFITS AND PENSIONS

    1. 3. Rates or amounts of certain benefits under the Contributions and Benefits Act

    2. 4. Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

    3. 5. Rates or amounts of certain benefits under the Pension Schemes Act

    4. 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

    5. 7. Workmen’s compensation

    6. 8. Earnings limits

    7. 9. Statutory sick pay

    8. 10. Statutory maternity pay

    9. 11. Statutory paternity pay and statutory adoption pay

    10. 12. Graduated retirement benefit

    11. 13. Disability living allowance

    12. 14. Age addition to long-term incapacity benefit

    13. 15. Transitional invalidity allowance in long-term incapacity benefit cases

  3. PART III

    INCOME SUPPORT AND HOUSING BENEFIT

    1. 16. Applicable amounts for income support

    2. 17. Income support transitional protection

    3. 18. Relevant sum for income support

    4. 19. Housing benefit

    5. 20. Housing benefit for certain persons over the qualifying age for state pension credit

  4. PART IV

    JOBSEEKER’S ALLOWANCE

    1. 21. Age-related amounts of contribution-based jobseeker’s allowance

    2. 22. Applicable amounts for jobseeker’s allowance

    3. 23. Prescribed sum for jobseeker’s allowance

  5. PART V

    STATE PENSION CREDIT

    1. 24. State pension credit

  6. PART VI

    REVOCATION

    1. 25. Revocation

    1. SCHEDULE 1

      Provisions of Schedule 4 to the Contributions and Benefits Act as amended by this Order

    2. SCHEDULE 2

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

    3. SCHEDULE 3

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

    4. SCHEDULE 4

      Income support: applicable amounts in special cases

    5. SCHEDULE 5

      Other applicable amounts specified in the Income Support Regulations

    6. SCHEDULE 6

      Part I of Schedule 4 to the Housing Benefit Regulations as amended by this Order

    7. SCHEDULE 7

      Part IV of Schedule 4 to the Housing Benefit Regulations as amended by this Order

    8. SCHEDULE 8

      Part I of Schedule 4 to the Housing Benefit (SPC) Regulations as amended by this Order

    9. SCHEDULE 9

      Part IV of Schedule 4 to the Housing Benefit (SPC) Regulations as amended by this Order

    10. SCHEDULE 10

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

    11. SCHEDULE 11

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

    12. SCHEDULE 12

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

    13. SCHEDULE 13

      Jobseeker’s allowance: applicable amounts in special cases

    14. SCHEDULE 14

      Jobseeker’s allowance: applicable amounts of joint-claim couples in special cases

    15. SCHEDULE 15

      Other applicable amounts specified in the Jobseeker’s Allowance Regulations

    16. SCHEDULE 16

      Other amounts specified in the State Pension Credit Regulations

Go to Explanatory Note

This Order is made in exercise of the powers conferred by sections 132 and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992(1) and now vested in the Department for Social Development(2).

The Secretary of State has made an Order(3) under sections 150, 151 and 189(1), (4) and (5) of the Social Security Administration Act 1992(4).

Accordingly, the Department for Social Development makes the following Order:

PART I INTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 2007 and, subject to paragraph (2), shall come into operation for the purposes of—

(a) this Article and Articles 2 and 6 on 1st April 2007;

(b) Article 3—

(i) in so far as it relates to any increase to which Article 6(10)(b) applies, on 1st April 2007, and

(ii) for all other purposes, on 9th April 2007;

(c) 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 2007 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(d) Article 10 on 1st April 2007, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act(5) for which purpose it shall come into operation on 9th April 2007;

(e) Article 11 on 1st April 2007;

(f) Article 9 on 6th April 2007;

(g) Articles 4, 5, 7, 12 and 13 on 9th April 2007;

(h) Articles 14, 15 and 25 on 12th April 2007;

(i) 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 9th April 2007 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

(j) Articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 2nd April 2007, and in relation to any other case, on 1st April 2007;

(k) Articles 21 to 23, in so far as they relate to a particular beneficiary—

(i) for the purposes of Article 21(c), in so far as it relates to an increase to which Article 6(10)(b) applies, on 1st April 2007, and

(ii) for all other purposes, on the first day of the first benefit week to commence for that beneficiary, on or after 9th April 2007, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations; and

(l) Article 24, 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 9th April 2007 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the State Pension Credit Regulations.

(2) 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), in so far as it is relevant for the purposes referred to in Article 6(10),

shall take effect for each case on the date specified in relation to that case in Article 6.

Interpretation

2.—(1) In this Order—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6);

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993(7);

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(8);

“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006(9);

“the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations (Northern Ireland) 2006(10);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(11);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(12);

“the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 2003(13).

(2) The Interpretation Act (Northern Ireland) 1954(14) shall apply to this Order as it applies to an Act of the Assembly.

PART II SOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act

3.—(1) The sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6 so that Schedule 4 to the Contributions and Benefits Act (rates of benefit, etc.), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1.

(2) The sums mentioned in paragraph (1) are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act except, in—

(a) Part III, the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act;

(b) Part IV, the sums specified in column (2) (increase for qualifying child); and

(c) Part V(15), the sums specified for the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children and qualifying young persons,

which remain the same.

Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

4.—(1) The sums specified in paragraphs (2) to (5) shall be increased from and including the respective dates specified in Article 6.

(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3∙6 per cent.

(3) In section 44(4) of the Contributions and Benefits Act(16) (basic pension of Category A retirement pension)—

(a) for “£75∙35” substitute “£78∙05”; and

(b) for “£84∙25” substitute “£87∙30”.

(4) It is directed 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 2006-07;

(b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(17) (pension increase or lump sum where entitlement to retirement pension is deferred);

(c) lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension; and

(d) payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 120 of the Social Security (Northern Ireland) Act 1975(18), Article 64 of the Social Security (Northern Ireland) Order 1986(19) or section 132 of the Administration Act,

shall in each case be increased by 3∙6 per cent.

(5) The sums which are shared additional pensions under section 55A of the Contributions and Benefits Act(20), and the sums which are increases in the rates of such pensions under paragraph 2 of Schedule 5A to that Act(21), shall in each case be increased by 3∙6 per cent.

Rates or amounts of certain benefits under the Pension Schemes Act

5.—(1) It is directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6.

(2) Sums which are payable by virtue of section 11(1) of the Pension Schemes Act (increase of guaranteed minimum where commencement of guaranteed minimum pension is postponed) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 13(2) and (3) of that Act) shall be increased by—

(a) 3∙6 per cent. where the increase under section 11(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years(22); and

(b) 0∙6 per cent. where the increase under section 11(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.

Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order

6.—(1) Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), 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), any increases in the sums specified in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 9th April 2007.

(3) In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act(23), any increases in the sums mentioned in Articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 12th April 2007.

(4) The increases in the sums mentioned in Articles 4(4)(d) and 5(2) shall take effect on 9th April 2007.

(5) Any increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance and widowed parent’s allowance, Category C and Category D retirement pension, attendance allowance and carer’s allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday) together with, in each case where appropriate, increases for dependants, shall in all cases take effect on 9th April 2007.

(6) Any increases in the sums specified for the rate of carer’s allowance in a case where the Department has made arrangements for it to be paid on a Wednesday, together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children and qualifying young persons together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents under section 107(1) of that Act, shall in all cases take effect on 11th April 2007.

(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 Act(24), by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 9th April 2007.

(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance together with, where appropriate, any increases for dependants, shall take effect in all cases on 12th April 2007.

(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 11th April 2007.

(10) Any increases in the sums specified in Articles 3 and 21(c), 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 amount, shall take effect—

(a) except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 9th April 2007;

(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 2007,

and for the purposes of this paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.

Workmen’s compensation

7.  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) for “£46∙95” substitute “£48∙65”.

Earnings limits

8.  In section 80(4) of the Contributions and Benefits Act(25) (earnings limits in respect of child dependency increases)—

(a) in paragraph (a) for “£175” substitute “£180”; and

(b) in paragraph (b) for “£175” and “£23” substitute “£180” and “£24” respectively.

Statutory sick pay

9.  In section 153(1) of the Contributions and Benefits Act (rate of payment) for “£70∙05” substitute “£72∙55”.

Statutory maternity pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(26) (prescribed rate of statutory maternity pay) for “£108∙85” substitute “£112∙75”.

Statutory paternity pay and statutory adoption pay

11.  In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 2002(27)—

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£108∙85” substitute “£112∙75”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£108∙85” substitute “£112∙75”.

Graduated retirement benefit

12.—(1) The sum of 10∙20 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966(28) (graduated retirement benefit) shall be increased by 3∙6 per cent. and accordingly the reference in that provision to that sum shall have effect as a reference to 10∙57 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 (Northern Ireland) 1978(29) (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 3∙6 per cent.

(3) The sums which are lump sums to which surviving spouses or civil partners will become entitled under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005(30) (increases of graduated retirement benefit and lump sums) shall be increased by 3∙6 per cent.

(4) The sums which are the additions under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (special provision as to graduated retirement benefit for widows and widowers) shall be increased by 3∙6 per cent.

Disability living allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(31) (rate of benefit)—

(a) in paragraph (1)(a) for “£62∙25” substitute “£64∙50”;

(b) in paragraph (1)(b) for “£41∙65” substitute “£43∙15”;

(c) in paragraph (1)(c) for “£16∙50” substitute “£17∙10”;

(d) in paragraph (2)(a) for “£43∙45” substitute “£45∙00”; and

(e) in paragraph (2)(b) for “£16∙50” substitute “£17∙10”.

Age addition to long-term incapacity benefit

14.  In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(32) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a) in sub-paragraph (a) for “£16∙50” substitute “£17∙10”; and

(b) in sub-paragraph (b) for “£8∙25” substitute “£8∙55”.

Transitional invalidity allowance in long-term incapacity benefit cases

15.  In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(33) (rate of long-term incapacity benefit in transitional cases)—

(a) in sub-paragraph (a) for “£16∙50” substitute “£17∙10”;

(b) in sub-paragraph (b) for “£10∙60” substitute “£11∙00”; and

(c) in sub-paragraph (c) for “£5∙30” substitute “£5∙50”.

PART III INCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support

16.—(1) The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations(34) shall be the sums set out in this Article and Schedules 2 to 5 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Income Support Regulations bearing that number.

(2) In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i) and paragraphs 13A(2)(a)(35) 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(1) of Part II of Schedule 2(36) (applicable amounts: family premium) for “£16∙25”, in both places where it occurs, substitute “£16∙43”.

(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 3(37) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) the sums of £47∙75 and £7∙40 remain the same;

(b) in sub-paragraph (2)(a) for “£106∙00” substitute “£111∙00”;

(c) in sub-paragraph (2)(b) for “£106∙00” and “£157∙00” substitute “£111∙00” and “£164∙00” respectively and the sum of £17∙00 remains the same;

(d) in sub-paragraph (2)(c) for “£157∙00” and “£204∙00” substitute “£164∙00” and “£213∙00” respectively and the sum of £23∙35 remains the same;

(e) in sub-paragraph (2)(d) for “£204∙00” and “£271∙00” substitute “£213∙00” and “£283∙00” respectively and the sum of £38∙20 remains the same; and

(f) in sub-paragraph (2)(e) for “£271∙00” and “£338∙00” substitute “£283∙00” and “£353∙00” respectively and the sum of £43∙50 remains the same.

(7) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) which are not increased by this Order 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 are the sums set out in column (2) of that Schedule.

(9) In paragraph 19(b) of Schedule 9(38) (sums to be disregarded in the calculation of income other than earnings) for “£11∙95” substitute “£15∙45”.

Income support transitional protection

17.  Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987(39) shall be increased by 3 per cent.

Relevant sum for income support

18.  In section 125(7) of the Contributions and Benefits Act (trade disputes) for “£31∙00” substitute “£32∙00”.

Housing benefit

19.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in this Article and Schedules 6 and 7 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit Regulations bearing that number.

(2) In regulation 24(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300∙00 remain the same.

(3) In regulation 72 (non-dependant deductions)—

(a) in paragraph (1) the sums of £47∙75, £6∙95, £7∙40 and £2∙30 remain the same; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£106∙00” substitute “£111∙00”,

(ii) in sub-paragraph (b) for “£106∙00” and “£157∙00” substitute “£111∙00” and “£164∙00” respectively and the sum of £17∙00 remains the same,

(iii) in sub-paragraph (c) for “£157∙00” and “£204∙00” substitute “£164∙00” and “£213∙00” respectively and the sum of £23∙35 remains the same,

(iv) in sub-paragraph (d) for “£204∙00” and “£271∙00” substitute “£213∙00” and “£283∙00” respectively and the sum of £38∙20 remains the same,

(v) in sub-paragraph (e) for “£271∙00” and “£338∙00” substitute “£283∙00” and “£353∙00” respectively and the sum of £43∙50 remains the same,

(vi) in sub-paragraph (f) for “£157∙00” substitute “£164∙00”,

(vii) in sub-paragraph (g) for “£157∙00” and “£271∙00” substitute “£164∙00” and “£283∙00” respectively and the sum of £4∙60 remains the same, and

(viii) in sub-paragraph (h) for “£271∙00” and “£338∙00” substitute “£283∙00” and “£353∙00” respectively and the sum of £5∙80 remains the same.

(4) In Schedule 1 (ineligible service charges)—

(a) in paragraph 2 for “£20∙50”, “£20∙50”, “£10∙35”, “£13∙65”, “£13∙65”, “£6∙85” and “£2∙50” substitute “£21∙10”, “£21∙10”, “£10∙65”, “£14∙05”, “£14∙05”, “£7∙05” and “£2∙60” respectively; and

(b) in paragraph 6—

(i) in sub-paragraph (2)(a) for “£11∙95” substitute “£15∙45”,

(ii) in sub-paragraph (2)(b) and (d) for “£1∙40” substitute “£1∙80”, and

(iii) in sub-paragraph (2)(c) for “£0∙95” substitute “£1∙25”.

(5) The sums specified in Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

(6) In paragraph 3 of Part II of Schedule 4 (applicable amounts: family premium)—

(a) in sub-paragraph (1)(a) the sum of £22∙20 remains the same;

(b) in sub-paragraph (1)(b) for “£16∙25” substitute “£16∙43”; and

(c) in sub-paragraph (2) the sum of £10∙50 remains the same.

(7) The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums) shall be as set out in Schedule 7 to this Order.

(8) In paragraph 17(1) and (3)(c) of Schedule 5 (sums to be disregarded in the calculation of earnings) for “£14∙90” substitute “£15∙45”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 23(b) for “£11∙95” substitute “£15∙45”; and

(b) in paragraph 58 for “£14∙90” substitute “£15∙45”.

Housing benefit for certain persons over the qualifying age for state pension credit

20.—(1) The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this Article and Schedules 8 and 9 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Housing Benefit (SPC) Regulations bearing that number.

(2) In regulation 28(3) (calculation of income on a weekly basis) the sums of £175∙00 and £300∙00 remain the same.

(3) In regulation 53 (non-dependant deductions)—

(a) in paragraph (1) the sums of £47∙75, £6∙95, £7∙40 and £2∙30 remain the same; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£106∙00” substitute “£111∙00”,

(ii) in sub-paragraph (b) for “£106∙00” and “£157∙00” substitute “£111∙00” and “£164∙00” respectively and the sum of £17∙00 remains the same,

(iii) in sub-paragraph (c) for “£157∙00” and “£204∙00” substitute “£164∙00” and “£213∙00” respectively and the sum of £23∙35 remains the same,

(iv) in sub-paragraph (d) for “£204∙00” and “£271∙00” substitute “£213∙00” and “£283∙00” respectively and the sum of £38∙20 remains the same,

(v) in sub-paragraph (e) for “£271∙00” and “£338∙00” substitute “£283∙00” and “£353∙00” respectively and the sum of £43∙50 remains the same,

(vi) in sub-paragraph (f) for “£157∙00” substitute “£164∙00”,

(vii) in sub-paragraph (g) for “£157∙00” and “£271∙00” substitute “£164∙00” and “£283∙00” respectively and the sum of £4∙60 remains the same, and

(viii) in sub-paragraph (h) for “£271∙00” and “£338∙00” substitute “£283∙00” and “£353∙00” respectively and the sum of £5∙80 remains the same.

(4) In Schedule 1 (ineligible service charges)—

(a) in paragraph 2 for “£20∙50”, “£20∙50”, “£10∙35”, “£13∙65”, “£13∙65”, “£6∙85” and “£2∙50” substitute “£21∙10”, “£21∙10”, “£10∙65”, “£14∙05”, “£14∙05”, “£7∙05” and “£2∙60” respectively; and

(b) in paragraph 6—

(i) in sub-paragraph (2)(a) for “£11∙95” substitute “£15∙45”,

(ii) in sub-paragraph (2)(b) and (d) for “£1∙40” substitute “£1∙80”, and

(iii) in sub-paragraph (2)(c) for “£0∙95” substitute “£1∙25”.

(5) The sums specified in Part I of Schedule 4 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(6) In paragraph 3 of Part II of Schedule 4 (applicable amounts: family premium)—

(a) in sub-paragraph (1) for “£16∙25” substitute “£16∙43”; and

(b) in sub-paragraph (2) the sum of £10∙50 remains the same.

(7) The sums specified in Part IV of Schedule 4 (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 9 to this Order.

(8) In paragraph 9(1) and (3)(c) of Schedule 5 (sums disregarded from claimant’s earnings) for “£14∙90” substitute “£15∙45”.

(9) In paragraph 22 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) for “£14∙90” substitute “£15∙45”.

PART IV JOBSEEKER’S ALLOWANCE

Age-related amounts of contribution-based jobseeker’s allowance

21.  In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance)—

(a) in sub-paragraph (a) for “£34∙60” substitute “£35∙65”;

(b) in sub-paragraph (b) for “£45∙50” substitute “£46∙85”; and

(c) in sub-paragraph (c) for “£57∙45” substitute “£59∙15”.

Applicable amounts for jobseeker’s allowance

22.—(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations(40) shall be the sums set out in this Article and Schedules 10 to 15 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Jobseeker’s Allowance Regulations bearing that number.

(2) In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i) and paragraphs 15A(2)(a)(41) 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(1) of Part II of Schedule 1(42) (applicable amounts: family premium) for “£16∙25”, in both places where it occurs, substitute “£16∙43”.

(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 1(43) (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 2(44) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) the sums of £47∙75 and £7∙40 remain the same;

(b) in sub-paragraph (2)(a) for “£106∙00” substitute “£111∙00”;

(c) in sub-paragraph (2)(b) for “£106∙00” and “£157∙00” substitute “£111∙00” and “£164∙00” respectively and the sum of £17∙00 remains the same;

(d) in sub-paragraph (2)(c) for “£157∙00” and “£204∙00” substitute “£164∙00” and “£213∙00” respectively and the sum of £23∙35 remains the same;

(e) in sub-paragraph (2)(d) for “£204∙00” and “£271∙00” substitute “£213∙00” and “£283∙00” respectively and the sum of £38∙20 remains the same; and

(f) in sub-paragraph (2)(e) for “£271∙00” and “£338∙00” substitute “£283∙00” and “£353∙00” respectively and the sum of £43∙50 remains the same.

(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts in special cases) which are not increased by this Order 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 4A(45) (applicable amounts of joint-claim couples in special cases) which are not increased by this Order shall be as set out in Schedule 14 to this Order.

(10) In paragraph 20(b) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “£11∙95” substitute “£15∙45”.

(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.

Prescribed sum for jobseeker’s allowance

23.  In regulation 170 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£31∙00” substitute “£32∙00”.

PART V STATE PENSION CREDIT

State pension credit

24.—(1) The sums specified in the State Pension Credit Regulations shall be the sums set out in this Article and Schedule 16 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the State Pension Credit Regulations bearing that number.

(2) In regulation 6 (amount of the guarantee credit)—

(a) in paragraph (1)(a) for “£174∙05” substitute “£181∙70”;

(b) in paragraph (1)(b) for “£114∙05” substitute “£119∙05”;

(c) in paragraph (5)(a) for “£46∙75” substitute “£48∙45”;

(d) in paragraph (5)(b) for “£93∙50” substitute “£96∙90”; and

(e) in paragraph (8) for “£26∙35” substitute “£27∙15”.

(3) In regulation 7 (savings credit)—

(a) in paragraph (1)(a), (b) and (c) “60 per cent.”, “60 per cent.” and “40 per cent.” respectively remain the same; and

(b) in paragraph (2) for “£84∙25” and “£134∙75” substitute “£87∙30” and “£139∙60” respectively.

(4) In paragraph 14 of Schedule 2 (housing costs: persons residing with the claimant)—

(a) in sub-paragraph (1)(46) the sums of £47∙75 and £7∙40 remain the same;

(b) in sub-paragraph (2)(a)(47) for “£106∙00” substitute “£111∙00”;

(c) in sub-paragraph (2)(b) for “£106∙00” and “£157∙00” substitute “£111∙00” and “£164∙00” respectively and the sum of £17∙00 remains the same;

(d) in sub-paragraph (2)(c) for “£157∙00” and “£204∙00” substitute “£164∙00” and “£213∙00” respectively and the sum of £23∙35 remains the same;

(e) in sub-paragraph (2)(d) for “£204∙00” and “£271∙00” substitute “£213∙00” and “£283∙00” respectively and the sum of £38∙20 remains the same; and

(f) in sub-paragraph (2)(e) for “£271∙00” and “£338∙00” substitute “£283∙00” and “£353∙00” respectively and the sum of £43∙50 remains the same.

(5) In paragraph 1 of Schedule 3 (special groups: polygamous marriages)—

(a) in sub-paragraph (5), which substitutes regulation 6(1), for “£174∙05” and “£60∙00” substitute “£181∙70” and “£62∙65” respectively; and

(b) in sub-paragraph (7), which substitutes regulation 7(2), for “£134∙75” substitute “£139∙60”.

(6) The sums specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 16 to this Order are the sums set out in column (2) of that Schedule.

PART VI REVOCATION

Revocation

25.  The Social Security Benefits Up-rating Order (Northern Ireland) 2006(48) is revoked.

Sealed with the Official Seal of the Department for Social Development on 9th March 2007

Article 3(1)

SCHEDULE 1 Provisions of Schedule 4 to the Contributions and Benefits Act as amended by this Order

PART I CONTRIBUTORY PERIODICAL BENEFITS

Description of benefit Weekly rate
2.(49) Short-term incapacity benefit. (a) lower rate £61∙35
(b) higher rate £72∙55.
2A.. Long-term incapacity benefit. £81∙35.
5.(50) Category B retirement pension where section 48A(3) applies. £52∙30.

PART II(51) BEREAVEMENT PAYMENT

Bereavement payment. £2,000∙00

PART III NON-CONTRIBUTORY PERIODICAL BENEFITS

Description of benefit Weekly rate
1. Attendance allowance. (a) higher rate £64∙50
(b) lower rate £43∙15
(the appropriate rate being determined in accordance with section 65(3)).
2. Severe disablement allowance. £49∙15.
3. Age related addition. (a) higher rate £17∙10
(b) middle rate £11∙00
(c) lower rate £5∙50
(the appropriate rate being determined in accordance with section 69(1)).
4.(52) Carer’s allowance. £48∙65.
6. Category C retirement pension. (a) lower rate £31∙30
(b) higher rate £52∙30
(the appropriate rate being determined in accordance with section 78(5)).
7. Category D retirement pension. The higher rate for Category C retirement pensions under paragraph 6 above.
8. Age addition (to a pension of any category, and otherwise under section 79). £0∙25.

PART IV INCREASES FOR DEPENDANTS

Benefit to which increase applies Increase for qualifying child Increase for adult dependant
(1) (2) (3)
£ £
1A.(53) Short-term incapacity benefit—
(a) where the beneficiary is under pensionable age; 11∙35 37∙90
(b) where the beneficiary is over pensionable age. 11∙35 46∙80
2. Long-term incapacity benefit. 11∙35 48∙65
3. Maternity allowance. 37∙90
4. Widowed mother’s allowance. 11∙35
4A.(54) Widowed parent’s allowance. 11∙35
5. Category A or B retirement pension. 11∙35 52∙30
6. Category C retirement pension. 11∙35 31∙30
8. Severe disablement allowance. 11∙35 29∙25
9. Carer’s allowance. 11∙35 29∙05

PART V RATE OF INDUSTRIAL INJURIES BENEFIT

Description of benefit, etc. Rate
1.(55) 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 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. £ £
100 131∙70 80∙70
90 118∙53 72∙63
80 105∙36 64∙56
70 92∙19 56∙49
60 79∙02 48∙42
50 65∙85 40∙35
40 52∙68 32∙28
30 39∙51 24∙21
20 26∙34 16∙14
2. Maximum increase of weekly rate of (a) except in cases of exceptionally severe
disablement pension where constant disablement £52∙70
attendance needed. (b) in any case of exceptionally severe
disablement £105∙40
3. Increase of weekly rate of disablement pension (exceptionally severe disablement). £52∙70
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
dependant £131∙70
(b) for any period during which the beneficiary is not over the age of 18 and not so
entitled £80∙70
5. Unemployability supplement under paragraph 2 of Schedule 7. £81∙35
6. Increase under paragraph 3 of Schedule 7 of weekly rate of (a) if on the qualifying date the beneficiary was under the age of 35 or if that date fell
unemployability supplement. before 5th July 1948 £17∙10
(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 £17∙10
(c) if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was
under the age of 45 £11∙00
(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 £11∙00
(e) in any other case £5∙50
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. £48∙65
9. Maximum disablement gratuity under paragraph 9 of Schedule 7. £8,750∙00
10. Widow’s pension (weekly rates). (a) initial rate £57∙65
(b) higher permanent rate £87∙30
(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). £87∙30
12. Weekly rate of allowance in respect In respect of each child or qualifying young
of children and qualifying young persons under paragraph 18 of Schedule 7. person £11∙35.

Article 16(3)

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

PART I PERSONAL ALLOWANCES

1. The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(a) and 18(1)(a) and (b) (applicable amounts and polygamous marriages).

Column (1) Column (2)
Person or Couple Amount
(1)(56) Single claimant aged— (1)
(a) except where head (b) or (c) applies, less than 18; (a) £35∙65;
(b) less than 18 who falls within any of the circumstances specified in paragraph 1A; (b) £46∙85;
(c) less than 18 who satisfies the condition in paragraph 11(a); (c) £46∙85