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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security Benefits Up-rating Order 1997 No. 543 URL: http://www.bailii.org/uk/legis/num_reg/1997/uksi_1997543_en.html |
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Statutory Instruments
SOCIAL SECURITY
TERMS AND CONDITIONS OF EMPLOYMENT
Made
26th February 1997
Coming into force in accordance with article 1(2)
Whereas, the Secretary of State for Social Security 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 Social Security, with the consent of the Treasury(2), in exercise of the powers conferred upon him by sections 150 and 189(1), (3) and (4) of the Social Security Administration Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:
1.-(1) This Order may be cited as the Social Security Benefits Up-rating Order 1997.
(2) Subject to paragraphs (3) and (4) of this article, this Order shall come into force for the purposes of-
(a)articles 1, 2, 6, 22 and 27, on 1st April 1997;
(b)article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 1997, and for the purpose of this sub-paragraph,"benefit week" has the same meaning as in the Computation of Earnings Regulations;
(c)articles 9 and 10, on 6th April 1997;
(d)articles 3 to 5, 7, 11, 12 and 13, on 7th April 1997;
(e)articles 14 and 15, on 10th April 1997;
(f)articles 16, 17 and 26, on 8th April 1997;
(g)articles 18, 19 and 20, 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 7th April 1997, and for the purpose of this and the next following sub-paragraph, "benefit week" has the same meaning as in the Income Support Regulations;
(h)article 21(6), in so far as the sums specified are relevant for the purposes of paragraph 17(2)(a) of Schedule 3 to the Income Support Regulations or paragraph 16(2)(a) of Schedule 2 to the Jobseeker's Allowance Regulations, on the first day of the first benefit week to commence for the beneficiary on or after 7th April 1997;
(i)article 21, except in a case to which sub-paragraph (g) of this paragraph applies, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 1997, and in relation to any other case, on 1st April 1997;
(j)articles 23, 24, and 25, 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 7th April 1997, and for the purpose of this sub-paragraph, "benefit week" has the same meaning as in the Jobseeker's Allowance Regulations.
(3) The increases made-
(a)in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and
(b)by article 23(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) To the extent that any provision of this Order is due to come into force on the same day as any provision of the Regulations listed in paragraph (5) of this article, this Order shall come into force immediately after those Regulations.
(5) The Regulations referred to in paragraph (4) above are-
(a)The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996(3);
(b)The Social Security (Non-Dependant Deductions) Regulations 1996(4); and
(c)The Income-related Benefits and Jobseeker's Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996(5).
2. In this Order, unless the context otherwise requires-
"the Computation of Earnings Regulations" means the Social Security Benefit (Computation of Earnings) Regulations 1996(6);
"the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992(7);
"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992(8);
"the Disability Working Allowance Regulations" means the Disability Working Allowance (General) Regulations 1991(9);
"the Family Credit Regulations" means the Family Credit (General) Regulations 1987(10);
"the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987(11);
"the Income Support Regulations" means the Income Support (General) Regulations 1987(12);
"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations 1996(13); and
"the Pension Schemes Act" means the Pension Schemes Act 1993(14).
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 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 otherwise under section 79 of that Act.
4.-(1) The sums specified in paragraphs (2), (3) and (4) 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 2.1 per cent. of their amount apart from this Order.
(3) In section 44(4) of the Contributions and Benefits Act(15) (basic pension in a Category A retirement pension)-
(a)for the sum of £58.65 there shall be substituted the sum of £59.90; and
(b)for the sum of £61.15 there shall be substituted the sum of £62.45.
(4) It is hereby directed(16) 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 1996-97;
(b)the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); 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(17), section 63 of the Social Security Act 1986(18), or section 150(1)(e) of the Social Security Administration Act 1992(19),
shall in each case be increased by 2.1 per cent. of their amount apart from this Order.
5.-(1) It is hereby directed that(20) 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 2.1 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).
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 specified in articles 3, 4 and 11 of this Order for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 7th April 1997.
(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)(22) of the Contributions and Benefits Act, 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 10th April 1997.
(4) The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 7th April 1997.
(5) The increases in the sums specified for the rate of maternity allowance, widowed mother's allowance, widow's pension, Category C and Category D retirement pension, child's special allowance(23), 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), together with, in each case where appropriate, increases for dependants, and guardian's allowance shall in all cases take effect on 7th April 1997.
(6) The increases in the sums specified for the rate of 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 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 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 the Contributions and Benefits Act, shall in all cases take effect on 9th April 1997.
(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 the increase in such sum shall take effect on 7th April 1997.
(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 10th April 1997.
(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 9th April 1997.
(10) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992(25) (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
(11) The increases in the sums specified in articles 3 and 23(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount(26), shall take effect-
(a)except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 7th April 1997;
(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 1997,
and for the purposes of this paragraph "benefit week" has the same meaning as in the Computation of Earnings Regulations.
7. In Schedule 8 to the Contributions and Benefits Act the sum of £36.60 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen's compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 9th April 1997 for that sum in paragraph 2(6)(c), and from and including 10th April 1997 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £37.35.
8. In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases)-
(a)for the sum of £130 in paragraphs (a) and (b) there shall be substituted the sum of £135; and
(b)the first sum specified in paragraph (b) is £17.
9. In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for the sum of £54.55 there shall be substituted the sum of £55.70.
10. In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(27) (lower rate of statutory maternity pay) for the sum of £54.55 there shall be substituted the sum of £55.70.
11.-(1) In the National Insurance Act 1965(28) the sum of 7.94 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 2.1 per cent.; and from and including 7th April 1997 the reference in that provision to that sum shall have effect as a reference to 8.11 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 1978(29) (increases for deferred retirement) shall be increased by 2.1 per cent. of their amount apart from this Order.
(3) The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 2.1 per cent. of their amount apart from this Order.
12. In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(30) (rate of benefit)-
(a)in paragraph (1)(a), for the sum of £48.50 there shall be substituted the sum of £49.50;
(b)in paragraph (1)(b), for the sum of £32.40 there shall be substituted the sum of £33.10;
(c)in paragraph (1)(c), for the sum of £12.90 there shall be substituted the sum of £13.15;
(d)in paragraph (2)(a), for the sum of £33.90 there shall be substituted the sum of £34.60; and
(e)in paragraph (2)(b), for the sum of £12.90 there shall be substituted the sum of £13.15.
13. In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(31) (weekly rates of child benefit)-
(a)in sub-paragraph (a)(i), for the sum of £10.80 there shall be substituted the sum of £11.05;
(b)in sub-paragraph (a)(ii), the sum specified is £17.10; and
(c)in sub-paragraph (b), for the sum of £8.80 there shall be substituted the sum of £9.00.
14. In the Social Security (Incapacity Benefit) Regulations 1994(32), in regulation 10(2)-
(a)in sub-paragraph (a), for the sum of £12.90 there shall be substituted the sum of £13.15; and
(b)in sub-paragraph (b), for the sum of £6.45 there shall be substituted the sum of £6.60.
15. In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(33), in regulation 18(2)-
(a)in sub-paragraph (a), for the sum of £12.90 there shall be substituted the sum of £13.15;
(b)in sub-paragraph (b), for the sum of £8.10 there shall be substituted the sum of £8.30; and
(c)in sub-paragraph (c), for the sum of £4.05 there shall be substituted the sum of £4.15.
16. In the Family Credit Regulations-
(a)in regulation 46(4) (determination of appropriate maximum family credit) the capital sum prescribed is £3,000;
(b)in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
(c)in regulation 47(1)(34) (applicable amount), for the sum of £75.20 there shall be substituted the sum of £77.15; and
(d)in Schedule 4 (determination of maximum family credit), the sums prescribed shall be as set out in Schedule 2 to this Order.
17. In the Disability Working Allowance Regulations-
(a)in regulation 51(4) (determination of appropriate maximum disability working allowance) the capital sum prescribed is £3,000;
(b)in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
(c)in regulation 52(1)(35) (applicable amount)-
(i)in sub-paragraph (a), for the sum of £56.40 there shall be substituted the sum of £57.85;
(ii)in sub-paragraph (b), for the sum of £75.20 there shall be substituted the sum of £77.15; and
(d)in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be as set out in Schedule 3 to this Order.
18.-(1) 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 Schedules 4 to 8 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 a regulation of, or a 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), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
(3) Subject to paragraph (4) of this article, the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 4 to this Order.
(4) In paragraph 2 of Schedule 2 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker's Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996(36) (transitional provisions)-
(a)in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
(b)in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
(c)in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
(5) In paragraph 3 of Part II of Schedule 2(37) (applicable amounts: family premium)-
(a)in sub-paragraph (a) the sum specified is £15.75; and
(b)in sub-paragraph (b) for the sum of £10.55 there shall be substituted the sum of £10.80.
(6) The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 5 to this Order.
(7) In paragraph 18(1) of Schedule 3(38) (housing costs: non-dependant deductions)-
(a)in sub-paragraph (a) for the sum of £32.00 there shall be substituted the sum of £33.00; and
(b)in sub-paragraph (b) for the sum of £6.00 there shall be substituted the sum of £7.00.
(8) In paragraph 18(2) of Schedule 3 (non-dependant deductions)-
(a)in sub-paragraph (a) for the sum of £76.00 there shall be substituted the sum of £78.00;
(b)in sub-paragraph (b) for the sums £76.00, £114.00 and £12.00 there shall be substituted the sums £78.00, £116.00 and £13.00 respectively; and
(c)in sub-paragraph (c) for the sums £114.00, £150.00 and £16.00 there shall be substituted the sums £116.00, £152.00 and £17.00 respectively.
(9) In paragraph 6(2) of Schedule 4, for the sum of £234.00 there shall be substituted the sum of £240.00 and, subject to paragraph (2) of this article, those other sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 6 to this Order.
(10) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 7 to this Order.
(11) 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.
19. Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(39) shall be increased by 2.6 per cent. of their amount apart from this Order.
20. In section 126(7) of the Contributions and Benefits Act(40) (trade disputes: the relevant sum) the substituted sum is £26.50.
21.-(1) As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 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 a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
(2) In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
(3) In regulation 18(1)(41) (patients)-
(a)in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.30 there shall be substituted the sum of £15.60 in each case;
(b)in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.25 there shall be substituted the sum of £12.50 in each case; and
(c)in sub-paragraph (c)(ii), for the sum of £30.60 there shall be substituted the sum of £31.20.
(4) In regulation 63(42) (non-dependant deductions)-
(a)in paragraph (1)(b) for the sum of £6.00 there shall be substituted the sum of £7.00;
(b)in paragraph (2)(a) for the sum of £76.00 there shall be substituted the sum of £78.00;
(c)in paragraph (2)(b) for the sums £76.00, £114.00 and £12.00 there shall be substituted the sums £78.00, £116.00 and £13.00 respectively;
(d)in paragraph (2)(c) for the sums £114.00, £150.00 and £16.00 there shall be substituted the sums £116.00, £152.00 and £17.00 respectively; and
(e)in paragraph (2)(d) for the sums £150.00 and £32.00 there shall be substituted the sums £152.00 and £33.00 respectively.
(5) In paragraph 1A(43) of Part I of Schedule 1 (ineligible service charges), for the sums £17.10, £17.10, £8.65, £11.35, £11.35, £5.70 and £2.05 there shall be substituted the sums £17.55, £17.55, £8.85, £11.65, £11.65, £5.85 and £2.10 respectively.
(6) In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £9.25, £1.15, £0.80 and £1.15 respectively.
(7) Subject to paragraph (8) of this article, the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
(8) In paragraph 2 of Schedule 2 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker's Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996(44) (transitional provisions)-
(a)in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
(b)in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
(c)in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
(9) In paragraph 3 of Part II of Schedule 2(45) (applicable amounts: family premium)-
(a)in sub-paragraph (a) the sum specified is £22.05; and
(b)in sub-paragraph (b) for the sum of £10.55 there shall be substituted the sum of £10.80.
(10) The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
22.-(1) The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 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 a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
(2) In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
(3) In regulation 10(1)(46) (patients)-
(a)in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.30 there shall be substituted the sum of £15.60 in each case;
(b)in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.25 there shall be substituted the sum of £12.50 in each case; and
(c)in sub-paragraph (c)(ii), for the sum of £30.60 there shall be substituted the sum of £31.20.
(4) In regulation 52(47) (non-dependant deductions)-
(a)in paragraph (1)(b) for the sum of £1.30 there shall be substituted the sum of £1.50.
(b)in paragraph (2)(a) for the sum of £114.00 there shall be substituted the sum of £116.00; and
(c)in paragraph (2)(b) for the sums £114.00 and £2.60 there shall be substituted the sums £116.00 and £3.00 respectively.
(5) Subject to paragraph (6) of this article, the sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
(6) In paragraph 2 of Schedule 1 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker's Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996(48) (transitional provisions)-
(a)in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
(b)in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
(c)in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
(7) In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium)(49)-
(a)in sub-paragraph (a) the sum specified is £22.05; and
(b)in sub-paragraph (b) for the sum of £10.55 there shall be substituted the sum of £10.80.
(8) The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 12 to this Order.
(9) In column (1) of the Table in paragraph 1 of Schedule 2(50) (amount of alternative maximum council tax benefit) for the sums £114.00, £114.00 and £150.00 there shall be substituted the sums £116.00, £116.00 and £152.00 respectively.
23. In regulation 79(1) of the Jobseeker's Allowance Regulations (weekly amounts of contribution-based jobseeker's allowance) -
(a)in sub-paragraph (a) for the sum of £28.85 there shall be substituted the sum of £29.60;
(b)in sub-paragraph (b) for the sum of £37.90 there shall be substituted the sum of £38.90; and
(c)in sub-paragraph (c) for the sum of £47.90 there shall be substituted the sum of £49.15.
24.-(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker's Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 13 to 17 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 a regulation of, or a 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), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 16(a) of Part III of Schedule 1, and in paragraph 1(2) of Schedule 4, the sum specified is in each case £3,000.
(3) Subject to paragraph (4) of this article, the sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 13 to this Order.
(4) In paragraph 2 of Schedule 1 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker's Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996(51) (transitional provisions) -
(a)in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
(b)in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
(c)in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
(5) In paragraph 4 of Part II of Schedule 1(52) (applicable amounts: family premium) -
(a)in sub-paragraph (a) the sum specified is £15.75; and
(b)in sub-paragraph (b) for the sum £10.55 there shall be substituted the sum £10.80.
(6) The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.
(7) In paragraph 17(1) of Schedule 2 (housing costs: non-dependant deductions)-
(a)in sub-paragraph (a) for the sum of £32.00 there shall be substituted the sum of £33.00; and
(b)in sub-paragraph (b) for the sum of £6.00 there shall be substituted the sum of £7.00.
(8) In paragraph 17(2) of Schedule 2(53) (non-dependant deductions)-
(a)in sub-paragraph (a) for the sum of £76.00 there shall be substituted the sum of £78.00;
(b)in sub-paragraph (b) for the sums £76.00, £114.00 and £12.00 there shall be substituted the sums £78.00, £116.00 and £13.00 respectively; and
(c)in sub-paragraph (c) for the sums £114.00, £150.00 and £16.00 there shall be substituted the sums £116.00, £152.00 and £17.00 respectively.
(9) Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 15 to this Order.
(10) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 16 to this Order.
(11) The sums specified in any provision of the Jobseeker's Allowance Regulations set out in column (1) of Schedule 17 to this Order are the sums set out in column (2) of that Schedule.
25. In regulation 172 of the Jobseeker's Allowance Regulations(54) (trade disputes: prescribed sum) the substituted sum is £26.50.
26. Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 8th April 1997, the rate at which it is payable shall be the weekly rate in force for the period prior to 8th April 1997, until the end of the period of entitlement.
27. The Social Security Benefits Up-rating Order 1996(55) is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
24th February 1997
We consent,
Richard Ottaway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty's Treasury
26th February 1997
Article 3(1)
| Description of benefit | Weekly rate |
|---|---|
2. (56) Short-term incapacity benefit. | (a)lower rate ... ... ... ... £47.10 (b)higher rate ... ... ... ... £55.70 |
2A. Long-term incapacity benefit. | £62.45 |
4. Maternity allowance (in cases not falling within section 35(1A)(a)). | £48.35 |
5. Category B retirement pension where section 48A(3) applies. | £37.35 |
6. Child's special allowance. | £11.20 |
| Widow's payment | £1,000.00 |
| Description of benefit | Weekly rate |
|---|---|
1. Attendance allowance. | (a)higher rate ... ... ... ... £49.50 (b)lower rate ... ... ... ... £33.10
|
2. Severe disablement allowance. | £37.75 |
3. Age related addition. | (a)higher rate ... ... ... ... £13.15 (b)middle rate ... ... ... ... £8.30 (c)lower rate ... ... ... ... £4.15
|
4. Invalid care allowance. | £37.35 |
5. Guardian's allowance. | £11.20 |
6. Category C retirement pension. | (a)lower rate ... ... ... ... £22.35 (b)higher rate ... ... ... ... £37.35
|
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 |
| Benefit to which increase applies | Increase for qualifying child | Increase for adult dependant |
|---|---|---|
| (1) | (2) | (3) |
| £ | £ | |
1A (57) Short-term incapacity benefit- (a)where the beneficiary is under pensionable age | 11.20 | 29.15 |
(b)where the beneficiary is over pensionable age | 11.20 | 35.90 |
2. Long-term incapacity benefit | 11.20 | 37.35 |
3. Maternity allowance | - | 29.15 |
4. Widowed mother's allowance | 11.20 | - |
5. Category A or B retirement pension | 11.20 | 37.35 |
6. Category C retirement pension | 11.20 | 22.35 |
7. Child's special allowance | 11.20 | - |
8. Severe disablement allowance | 11.20 | 22.40 |
9. Invalid care allowance | 11.20 | 22.35 |
| Description of benefit, etc | Rate |
|---|---|
1. Disablement pension (weekly rates). | For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in that Table, using- (a) column (2) for any period during which the beneficiary is over the age of 18 or is entitled to an increase of benefit in respect of a child or adult dependant; (b) column (3) for any period during which the beneficiary is not over the age of 18 and not so entitled: |
| Degree of Disablement | Amount | |
|---|---|---|
| (2) | (3) | |
| (1) | ||
| Per cent. | £ | £ |
| 100 | 101.10 | 61.90 |
| 90 | 90.99 | 55.71 |
| 80 | 80.88 | 49.52 |
| 70 | 70.77 | 43.33 |
| 60 | 60.66 | 37.14 |
| 50 | 50.55 | 30.95 |
| 40 | 40.44 | 24.76 |
| 30 | 30.33 | 18.57 |
| 20 | 20.22 | 12.38 |
2. Maximum increase of weekly rate of disablement pension where constant attendance needed. | (a)except in cases of exceptionally severe disablement ... ... ... ... £40.50 (b)in any case ... ... ... ... £81.00 | |
3. Increase of weekly rate of disablement pension (exceptionally severe disablement). | £40.50 | |
4. Maximum of aggregate of weekly benefit payable for successive accidents. | (a)for any period during which the beneficiaryis over the age of 18 or is entitled to anincrease in benefit in respect of a child or adult dependant ... ... ... ... £101.10 (b)for any period during which the beneficiaryis not over the age of 18 and not soentitled ... ... ... ... £61.90 | |
5. Unemployability supplement under para-graph 2 of Schedule 7. | £62.45 | |
6. Increase under paragraph 3 of Schedule 7 of weekly rate of unemployability supplement. | (a)if on the qualifying date the beneficiary was under the age of 35 or if that date fell before 5th July 1948 ... ... ... ... £13.15 (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 ... ... ... ... £13.15 (c)if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45 ... ... ... ... £8.30 (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 ... ... ... ... £8.30 (e)in any other case ... ... ... ... £4.15 | |
7. Increase under paragraph 4 of Schedule 7 of weekly rate of disablement pension. | £11.20 | |
8. Increase under paragraph 6 of Schedule 7 of weekly rate of disablement pension. | £37.35 | |
9. Maximum disablement gratuity under paragraph 9 of Schedule 7. | £6,720.00 | |
10. Widow's pension (weekly rates). | (a)(58) initial rate ... ... ... ... £57.65 (b)higher permanent rate ... ... ... ... £62.45 (c)lower permanent rate ... ... ... ... 30 per cent. of the first sum specified in section 44(4) (Category A basic retirement pension)
| |
11. Widower's pension (weekly rate). | £62.45 | |
12. Weekly rate of allowance in respect of children under paragraph 18 of Schedule 7. | In respect of each qualifying child ... ... ... ... £11.20 | |
Article 16
| (1) | (2) |
|---|---|
| Adult, child, young person | Amount of Credit |
1. Adult. | £47.65. |
1A. In the case of an adult or adults to whom regulation 46(1)(aa) applies. | £10.55. |
2. Child-� (a)aged less than 11 years; | (a)£12.05; |
(b)aged not less than 11 but less than 16 years. | (b)£19.95. |
3. Young person-� (a)aged not less than 16 but less than 18 years; | (a)£24.80; |
(b)aged not less than 18 but less than 19 years. | (b)£34.70. |
Article 17
| (1) | (2) |
|---|---|
| Claimant, child or young person | Amount of Allowance |
1. Single claimant. | 1. £49.55. |
2. Claimant who is a member of a married or unmarried couple, or is a lone parent. | 2. £77.55. |
2A. In the case of a claimant to whom regulation 51(1)(bb) applies. | 2A. £10.55; |
3. Child-� (a)aged less than 11 years; | 3.-(a) £12.05; |
(b)aged not less than 11 but less than 16 years. | (b)£19.95; |
4. Young person-� (a)aged not less than 16 but less than 18 years; | 4.-(a) £24.80; |
(b)aged not less than 18 but less than 19 years. | (b)£34.70; |
5. Child or young person to whom regulation 51(1A) applies (disabled child or young person). | 5. £20.95. |
Article 18 (3)
1. The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1) and 18(1) (applicable amounts and polygamous marriages).
| (1) | (2) |
|---|---|
| Person or Couple | Amount |
(1) (59) Single claimant aged- (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; | (1) (a) £29.60; |
(b)less than 18 who falls within any of the circumstances specified in paragraph 1A; | (b)£38.90; |
(c)less than 18 who satisfies the condition in paragraph 11(a); | (c)£38.90; |
(d)not less than 18 but less than 25; | (d)£38.90; |
(e)not less than 25. | (e)£49.15. |
(2) Lone parent aged- (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; | (2) (a) £29.60; |
(b)less than 18 who falls within any of the circumstances specified in paragraph 1A; | (b)£38.90; |
(c)less than 18 who satisfies the condition in paragraph 11(a); | (c)£38.90; |
(d)not less than 18. | (d)£49.15. |
(3) (60) Couple- (a)where both members are aged less than 18 and- (i)at least one of them is treated as responsible for a child; or (ii)had they not been members of a couple, each would have qualified for income support under regulation 4ZA; or (iii)the claimant's partner satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iv)there is in force in respect of the claimant's partner a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship); | (3) (a) £58.70; |
(b)where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A; | (b)£38.90; |
(c)where both members are aged less than 18 and heads (a) and (b) do not apply; | (c)£29.60; |
(d)where both members are aged not less than 18; | (d)£77.15; |
(e)where one member is aged not less than 18 and the other member is a person under 18 who- (i)qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple; or (ii)satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); or (iii)is the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship); | (e)£77.15; |
(f)where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who- (i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and (ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship); | (f)£38.90; |
(g)where the claimant is aged not less than 25 and his partner is a person under 18 who- (i)would not qualify for income support under regulation 4ZA if he were not a member of a couple; and (ii)does not satisfy the requirements of section 3(1)(f)(iii) of the Jobseekers Act 1995 (prescribed circumstances for persons aged 16 but less than 18); and (iii)is not the subject of a direction under section 16 of the Jobseekers Act 1995 (persons under 18: severe hardship). | (g)£49.15. |
2.-(1) (61) The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).
| (1) | (2) |
|---|---|
| Child or Young Person | Amount |
Person in respect of the period- (a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's eleventh birthday; | (a)£16.90; |
(b)beginning on the first Monday in September following that person's eleventh birthday and ending on the day preceding the first Monday in September following that person's sixteenth birthday; | (b)£24.75; |
(c)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. | (c)£29.60. |
2A.-(1) (62) The weekly amount for the purposes of regulations 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be-
(a)except in a case to which head (b) applies, £56.00; and
(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £62.00.
Article 18(6)
| (1) | (2) |
|---|---|
| Premium | Amount |
15.-(1) (63) |
|
(2) (64) Pensioner premium for persons aged under 75-� (a)where the claimant satisfies the condition in paragraph 9(a); | (2) (a) £19.65; |
(b)where the claimant satisfies the condition in paragraph 9(b). | (b)£29.65. |
(2A) Pensioner premium for persons aged 75 and over- (a)where the claimant satisfies the condition in paragraph 9A(a); | (2A) (a) £21.85; |
(b)where the claimant satisfies the condition in paragraph 9A(b). | (b)£32.75. |
(3) Higher Pensioner Premium- (a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b); | (3) (a) £26.55; |
(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b). | (b)£38.00. |
(4) Disability Premium- (a)where the claimant satisfies the condition in paragraph 11(a); | (4) (a) £20.95; |
(b)where the claimant satisfies the condition in paragraph 11(b). | (b)£29.90. |
(5) (65) Severe Disability Premium-� (a)where the claimant satisfies the condition in paragraph 13(2)(a); | (5) (a) £37.15; |
(b)where the claimant satisfies the condition in paragraph 13(2)(b)-� (i)if there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A); | (b)(i)£37.15; |
(ii)if no-one is in receipt of such an allowance. | (ii)£74.30. |
(6) Disabled Child Premium. | (6) £20.95 in respect of each child or young person in respect of whom the condition specified in paragraph 14 is satisfied. |
(7) (66) Carer Premium. | (7) £13.35 in respect of each person who satisfied the condition specified in paragraph 14ZA. |
Article 18(9)
6.-(1) Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of-
(a)old age, the appropriate amount shall be £208.00 per week;
(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £220.00 per week;
(c)past or present drug or alcohol dependence, the appropriate amount shall be £220.00 per week;
(d)mental handicap, the appropriate amount shall be £250.00 per week;
(e)physical disablement, the appropriate amount shall be-
(i)in the case of a person to whom paragraph 8 applies, £285.00 per week, or
(ii)in any other case, £208.00 per week; or
(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £208.00 per week.
7. Subject to paragraphs 8 to 11, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of-
(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £312.00 per week;
(b)mental handicap, the appropriate amount shall be £318.00 per week;
(c)past or present drug or alcohol dependence, the appropriate amount shall be £312.00 per week;
(d)physical disablement, the appropriate amount shall be-
(i)in the case of a person to whom paragraph 8 applies, £352.00 per week, or
(ii)in any other case, £311.00 per week;
(e)terminal illness, the appropriate amount shall be £311.00 per week; or
(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £311.00 per week.
11.-(1) (67) Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to-
(a)in the case of a residential care home, £41.00;
(b)in the case of a nursing home, £46.00.
13. The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be-
(a)for the claimant £14.10, and if he has a partner, for his partner, £14.10;
(b)for a young person aged 18, £14.10;
(c)for a young person aged under 18 but over 16, £9.80;
(d)for a child aged under 16 but over 11, £8.45;
(e)for a child aged under 11, £5.80.
| Paragraph in Schedule 4 | Specified sum | |
|---|---|---|
| 2(2)(b)(i) | increases for meals | daily £1.10 |
| 2(2)(b)(ii) | increases for meals | daily £1.55 |
| 2(2)(b)(iii) | increases for meals | daily £1.55 |
Article 18(10)
| (1) | (2) | ||
|---|---|---|---|
Patients1. (68) Subject to paragraphs 2, 2A, 3 and 18, a person who has been a patient for a period of more than six weeks and who is- (a)a single claimant; | 1.-(a) £15.60 plus any amount applicable under regulation 17(1)(e), (f) or (g); | ||
(b)a lone parent; | (b)£15.60 plus any amounts applicable to him under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2 (applicable amounts); | ||
(c)a member of a couple- (i)where only one of the couple is a patient or, where both members of the couple are patients but only one has been a patient for that period; | (c)(i)the amount applicable in respect of both of them under regulation 17(1) reduced by £12.50; | ||
(ii)where both members of the couple have been a patient for that period; | (ii)£31.20 plus any amounts which may be applicable under regulation 17(1)(b), (c), (e), (f) or (g) or under regulation 17(1)(d) because of paragraph 14 of Schedule 2; | ||
(d)a member of a polygamous marriage- (i)where at least one member of the polygamous marriage is not a patient or has not been a patient for more than that period; | (d)(i)the applicable amount under regulation 18 (polygamous marriages) shall be reduced by £12.50 in respect of each such member who is a patient; | ||
(ii)where all the members of the polygamous marriage have been patients for more than that period. | (ii)the applicable amount shall be £15.60 in respect of each member plus any amounts applicable under regulation 18(1)(c), (d), (f), (g) or (h) or (e) because of his satisfying the condition specified in paragraph 14 of Schedule 2. | ||
2. A single claimant who has been a patient for a continuous period of more than 52 weeks, where- (a)the following conditions are satisfied- (i)a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations 1987(69) (persons unable to act); and (ii)his income support is payable to an administrative officer of the hospital or other institution either as or at the request of the person so appointed; and (iii)a registered medical practitioner treating him certifies that all or part of his income support cannot be used by him or on his behalf; or | 2.-(a) Such amount (if any) not exceeding £12.50 as is reasonable having regard to the views of the hospital staff and the patient's relatives if available as to the amount necessary for his personal use; | ||
(b)those conditions are not satisfied. | (b)£12.50. | ||
2A. (70) A single claimant who is detained under the provisions of the Mental Health Act 1983(71) or the Mental Health (Scotland) Act 1984(72) and who immediately before his detention under either of those Acts was a prisoner. | 2A. £12.50. | ||
3. (73)Subject to paragraph 18- (a)a claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or | 3.-(a) The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12.50 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or | ||
(b)where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks. | (b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12.50 instead of an amount determined in accordance with paragraph 2 of Schedule 2. | ||
Single claimants temporarily in local authority accommodation10A. (74) A single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases). | 10A. £62.45 of which £14.10 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g) | ||
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation10B.-(1) A claimant who is a member of a couple temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases). | 10B.-(1) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 17(1), 19 or 21 and in respect of the other member £62.45 of which £14.10 is for personal expenses. | ||
(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in subparagraph (1). | (2) The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home, under regulation 18 and in respect of each member not in the home £62.45 of which £14.10 is for personal expenses. | ||
(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in subparagraph (1). | (3) For each member of that couple or marriage £62.45 of which £14.10 is for personal expenses plus, if appropriate, the amount applicable under regulation 17(1)(e), (f) or (g) or 18(1)(f), (g) or (h). | ||
Lone parents who are in residential accommodation temporarily10C. A claimant who is a lone parent who has entered residential accommodation temporarily. | 10C. £62.45 of which £14.10 is for personal expenses, plus- (a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and (b)any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g). | ||
Persons in residential accommodation13.-(1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is- (a)a single claimant; | 13.-(1) (75) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus- (a)£62.45 of which £14.10 is for personal expenses; | ||
(b)a lone parent; | (b)the amount specified in sub-paragraph (a) of this column; | ||
(c)one of a couple; | (c)twice the amount specified in sub-paragraph (a) of this column; | ||
(d)a child or young person; | (d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 2 (applicable amounts); | ||
(e)a member of a polygamous marriage. | (e)the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation. | ||
(2) A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority. | (2) Any amount applicable under regulation 17(1)(f) or (g), plus £14.10. | ||
Polish Resettlement13A.-(1) A claimant for whom accommodation is provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant both requires personal care and is provided with it in the accommodation and- (a)is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or | 13A.-(1) The aggregate of- (a)the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family, subject to the maximum determined in accordance with sub-paragraph (2); and | (b)is first provided with such accommodation and care on or after 1st April 1995; or | (b)a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3) or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below. |
(c)is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary. | |||
(2) In this paragraph "personal care" means care which includes assistance with bodily functions where such assistance is required. (3) An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course. | (2) The maximum referred to in sub-paragraph (1)(a) shall be- (a)in the case of a single claimant, £352.00; (b)in the case of a claimant who is a member of a family the aggregate of the following amounts- (i)in respect of the claimant, £352.00; (ii)in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2; (iii)in respect of each member of his family aged not less than 11 who lives in the accommodation, £352.00; and (iv)where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2. (3) Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers, the amount for personal expenses referred to in sub-paragraph (1)(b) shall be- (d)for a young person aged under 18 but over 16, £9.80; (e)for a child aged under 16 but over 11, £8.45; (f)for a child aged under 11, £5.80. (3A) In the case of a claimant to whom subparagraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4, paragraph 13. (4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (2)(b)(ii) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p. | ||
Persons in residential care or nursing homes who become patients18. (76) A claimant to whom regulation 19 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where- (a)he or any member of his family has been a patient for a period of six weeks or less and the claimant- (i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient; 18.-(a) (i) the amount which would be applicable under regulation 19 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies; | |||
(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate; | (ii)the amount which would be applicable under regulation 19 having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies; | ||
(iii)is a single claimant and is likely to return to the accommodation , but has ceased to be liable to meet the weekly charge for that accommodation; or | (iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 13 of Schedule 4 as if he were residing in the accommodation to which regulation 19 applies plus any amount applicable under regulation 17(1)(f); | ||
(iv)is a single claimant who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation; | (iv)the amount which would be applicable to him under regulation 17(1); | ||
(b)he or his partner has been a patient for a period of more than six weeks and the patient is- (i)a single claimant; | (b)(i)£15.60 plus any amount applicable under regulation 17(1)(f), plus either the amount prescribed in paragraph 16 in respect of any retaining fee he is liable to pay for the accommodation or the amount applicable by virtue of regulation 17(1)(e), but not both; | ||
(ii)a lone parent; | (ii)where one or more children or young persons remain in the accommodation, the amount applicable to the family as if regulation 19, having taken into account any reduction in charge, continued to apply to all the members of the family except that where the lone parent is the patient no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 (meals allowances) and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4, there shall be substituted the amount £15.60;
| ||
(iii)one of a couple or polygamous marriage and one of that couple or marriage is not a patient or has been a patient for six weeks or less; | (iii)where the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 19 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £15.60;
| ||
(iv)one of a couple or polygamous marriage where all the members of that couple or marriage are patients and have been so for more than six weeks; | (iv)where there is no child or young person in the family £15.60 in respect of each member of the couple or polygamous marriage, plus any amount applicable under regulation 17(1)(f) or 18(1)(g), plus either the amount prescribed in paragraph 16 in respect of any retaining fee for the accommodation he is liable to pay or the amount applicable by virtue of regulation 17(1)(e) or 18(1)(f), but not both;
| ||
(c)a child or young person who has been a patient for a period of more than 12 weeks. | (c)the amount applicable under regulation 19 as if that child or young person was not a member of the family plus an amount of £12.50 in respect of that child or young person. |
| Paragraph in Schedule 7 | Specified Sum |
|---|---|
7. Members of religious orders | Nil |
8. Prisoners | Nil |
13A. (77) Polish Resettlement | |
(3) (a) for the claimant, £17.35; (b)for his partner, £17.35; (c)for a young person aged 18, £15.55; | |
13B. (78) Polish Resettlement: persons temporarily absent from accommodation | 80 per cent. |
16. (79) Persons temporarily absent from a residential care or a nursing home | 80 per cent. |
17. Persons from abroad | Nil |
Article 18(11)
| Provision in Income Support Regulations | Specified Sum |
|---|---|
| (80)Regulation 22A(1) | Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount. |
| (81)Regulation 71(1)(a)(i) | 90 per cent. of the amount applicable or, as the case may be, of the reduced amount. |
| Regulation 71(1)(b)(i) | 90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount. |
| Regulation 71(1)(c)(i) | 98 per cent. of the applicable amount for persons in residential accommodation. |
| Regulation 71(1)(d) | 90 per cent. of the applicable amount. |
| (82)Schedule 3, paragraph 5(3) | The relevant fraction of the applicable amount is the amount calculated by the formula |
| (83)Schedule 3, paragraph 6(1)(b) | Half the amount which would fall to be met by applying the provisions of sub-paragraph (a). |
| Schedule 3, paragraph 6(1)(c) | Nil. |
| Schedule 3, paragraph 7(8) | 100 per cent. of eligible interest. |
| Schedule 3, paragraph 8(1)(b) | Nil. |
| Schedule 3, paragraph 10(1) | The weekly amount of housing costs is the amount calculated by the formula |
| Schedule 3, paragraph 11(5) | £100,000. |
| Schedule 3, paragraph 11(7)(a) |
|
| (84)Schedule 3, paragraph 11(11) | The qualifying portion of a loan shall be determined by the formula |
| (85)Schedule 3, paragraph 12(1)(a) | 6.89 per cent. |
| Schedule 3, paragraph 12(2) and (3) | 5 per cent. |
Article 21(7)
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) (86) Single claimant aged- (b)less than 25; | (1) (b) £38.90; |
(c)not less than 25. | (c)£49.15. |
(2) Lone parent aged- (a)less than 18; | (2) (a) £38.90; |
(b)not less than 18. | (b)£49.15. |
(3) Couple- (a)where both members are aged less than 18; | (3) (a) £58.70; |
(b)where at least one member is aged not less than 18. | (b)£77.15. |
2. -�
(1) (87) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 16(b) and 17(c)-
| (1) | (2) |
|---|---|
| Child or Young Person | Amount |
Person in respect of the period- (a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's eleventh birthday; | (a)£16.90; |
(b)beginning on the first Monday in September following that person's eleventh birthday and ending on the day preceding the first Monday in September following that person's sixteenth birthday; | (b)£24.75; |
(c)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. | (c)£29.60. |
Article 21(10)
| Premium | Amount |
|---|---|
15.-(1) (88) | 1. |
(2) (89) Pensioner Premium for persons aged under 75- (a)where the claimant satisfies the condition in paragraph 9(a); | 2.-(a) £19.65; |
(b)where the claimant satisfies the condition in paragraph 9(b). | (b)£29.65. |
(2A) Pensioner Premium for persons aged 75 and over- (a)where the claimant satisfies the condition in paragraph 9A(a); | 2A.-(a) £21.85; |
(b)where the claimant satisfies the condition in paragraph 9A(b). | (b)£32.75. |
(3) Higher Pensioner Premium- (a)where the claimant satisfies the condition in paragraph 10(1)(a) or (b); | 3.-(a) £26.55; |
(b)where the claimant satisfies the condition in paragraph 10(2)(a) or (b). | (b)£38.00. |
(4) Disability Premium- (a)where the claimant satisfies the condition in paragraph 11(a); | 4.-(a) £20.95; |
(b)where the claimant satisfies the condition in paragraph 11(b). | (b)£29.90. |
(5) (90) Severe Disability Premium- (a)where the claimant satisfies the condition in paragraph 13(2)(a); | 5.-(a) £37.15; |
(b)where the claimant satisfies the condition in paragraph 13(2)(b)- (i)in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 13(3A); | (b)(i)£37.15; |
(ii)in a case where there is no-one in receipt of such an allowance. | (ii)£74.30. |
(6) Disabled Child Premium. | 6. £20.95 in respect of each child or young person in respect of whom the condition specified in paragraph 14 of Part III of this Schedule is satisfied. |
(7) (91) Carer Premium. | 7. £13.35 in respect of each person who satisfies the condition specified in paragraph 14ZA. |
Article 22(5)
1. The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 8(a) and 9(a) and (b)-
| (1) | (2) |
|---|---|
| Person or Couple | Amount |
(1) Single claimant aged- (a)not less than 18 but less than 25; | (1) (a) £38.90 |
(b)not less than 25. | (b)£49.15 |
(2) Lone parent | (2) £49.15 |
(3) Couple | (3) £77.15 |
2.-(1) (92) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 8(b) and 9(c)-
| (1) | (2) |
|---|---|
| Child or Young Person | Amount |
Person in respect of the period- (a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's eleventh birthday; | (a)£16.90; |
(b)beginning on the first Monday in September following that person's eleventh birthday and ending on the day preceding the first Monday in September following that person's sixteenth birthday; | (b)£24.75; |
(c)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. | (c)£29.60. |
Article 22(8)
| Premium | Amount |
|---|---|
19.-(1) (93) |
|
(2) Pensioner Premium for persons under 75- (a)where the claimant satisfies the condition in paragraph 9(a); | (2) (a) £19.65 |
(b)where the claimant satisfies the condition in paragraph 9(b). | (b)£29.65 |
(3) Pensioner Premium for persons 75 or over- (a)where the claimant satisfies the condition in paragraph 10(a); | (3) (a) £21.85 |
(b)where the claimant satisfies the condition in paragraph 10(b). | (b)£32.75 |
(4) Higher Pensioner Premium- (a)where the claimant satisfies the condition in paragraph 11(1)(a) or (b); | (4) (a) £26.55 |
(b)where the claimant satisfies the condition in paragraph 11(2) (a) or (b). | (b)£38.00 |
(5) Disability Premium- (a)where the claimant satisfies the condition in paragraph 12(a); | (5) (a) £20.95 |
(b)where the claimant satisfies the condition in paragraph 12(b). | (b)£29.90 |
(6) (94) Severe Disability Premium- (a)where the claimant satisfies the condition in paragraph 14(2)(a); | (6) (a) £37.15 |
(b)where the claimant satisfies the condition in paragraph 14(2)(b)- (i)in a case where there is someone in receipt of an invalid care allowance or if he or any partner satisfies that condition only by virtue of paragraph 14(3A); | (b)(i)£37.15 |
(ii)in a case where there is no-one in receipt of such an allowance. | (ii)£74.30 |
(7) Disabled Child Premium | (7) £20.95 in respect of each child or young person in respect of whom the condition specified in paragraph 15 of Part III of this Schedule is satisfied. |
(8) Carer Premium | (8) £13.35 in respect of each person who satisfies the condition specified in paragraph 16. |
Article 24(3)
1. (95) The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83 and 84(1) (applicable amounts and polygamous marriages).
| (1) | (2) |
|---|---|
| Person or Couple | Amount |
(1) Single claimant aged- (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; | (1) (a) £29.60 |
(b)less than 18 who falls within paragraph (2) of regulation 57 and who- (i)is a person to whom regulation 59, 60 or 61 applies; or (ii)is the subject of a direction under section 16; | (b)£38.90 |
(c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3; | (c)£38.90 |
(d)not less than 18 but less than 25; | (d)£38.90 |
(e)not less than 25. | (e)£49.15 |
(2) Lone parent aged- (a)except where head (b) or (c) of this sub-paragraph applies, less than 18; | (2) (a) £29.60 |
(b)less than 18 who falls within paragraph (2) of regulation 57 and who- (i)is a person to whom regulation 59, 60 or 61 applies; or (ii)is the subject of a direction under section 16; | (b)£38.90 |
(c)less than 18 who satisfies the condition in paragraph 13(a) of Part 3; | (c)£38.90 |
(d)not less than 18. | (d)£49.15 |
(3) Couple- (a)where both members are aged less than 18 and- (i)at least one of them is treated as responsible for a child; or (ii)had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker's allowance) applied; or (iii)had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker's allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; or (iv)they are married and one member of the couple is a person to whom regulation 59, 60 or 61 applies and the other member is registered in accordance with regulation 62; or (iva)they are married and each member of the couple is a person to whom regulation 59, 60 or 61 applies; or (v)there is a direction under section 16 (jobseeker's allowance in cases of severe hardship) in respect of each member; or (vi)there is a direction under section 16 in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies; or (vii)there is a direction under section 16 in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it; | (3) (a) £58.70 |
(b)where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within paragraph (2) of regulation 57 and either- (i)is a person to whom regulation 59, 60 or 61 applies; or (ii)is the subject of a direction under section 16 of the Act; | (b)£38.90 |
(c)where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple- (i)is a person to whom regulation 59, 60 or 61 applies; or (ii)is the subject of a direction under section 16; | (c)£29.60 |
(d)where both members are aged less than 18 and none of heads (a), (b) or (c) of sub-paragraph (3) apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a); | (d)£38.90 |
(e)where both members are aged not less than 18; | (e)£77.15 |
(f)where one member is aged not less than 18 and the other member is a person under 18 who- (i)is a person to whom regulation 59, 60 or 61 applies; or (ii)is the subject of a direction under section 16; and (iii)satisfies requirements for entitlement to income support other than the requirement to make a claim for it; | (f)£77.15 |
(g)where one member is aged not less than 18 but less than 25 and the other member is a person under 18- (i)to whom none of the regulations 59 to 61 applies; or (ii)who is not the subject of a direction under section 16; and (iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it; | (g)£38.90 |
(h)where one member is aged not less than 25 and the other member is a person under 18- (i)to whom none of the regulations 59 to 61 applies; or (ii)is not the subject of a direction under section 16; and (iii)does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it. | (h)£49.15 |
2.-(1) (96) The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).
| (1) | (2) |
|---|---|
| Child or Young Person | Amount |
Person in respect of the period- (a) beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's eleventh birthday; | (a)£16.90 |
(b)beginning on the first Monday in September following that person's eleventh birthday and ending on the day preceding the first Monday in September following that person's sixteenth birthday; | (b)£24.75 |
(c)beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's nineteenth birthday. | (c)£29.60 |
3.-(1) The weekly amount for the purposes of regulations 83(c) and 84(1)(d) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be-
(a)except in a case to which head (b) applies, £56.00; and
(b)where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £62.00.
Article 24(6)
| Premium | Amount |
|---|---|
20.-(1) (97) |
|
(2) Pensioner premium for persons aged over 60- (a)where the claimant satisfies the condition in paragraph 10(a); | (2) (a) £19.65. |
(b)where the claimant satisfies the condition in paragraph 10(b); | (b)£29.65. |
(c)where the claimant satisfies the condition in paragraph 10(c). | (c)£29.65. |
(3) Pensioner premium for claimants whose partner has attained the age of 75 where the claimant satisfies the condition in paragraph 11. | (3) £32.75. |
(4) Higher Pensioner Premium- (a)where the claimant satisfies the condition in paragraph 12(1)(a); | (4) (a) £26.55. |
(b)where the claimant satisfies the condition in paragraph 12(1)(b) or (c). | (b)£38.00. |
(5) Disability Premium- (a)where the claimant satisfies the condition in paragraph 13(a); | (5) (a) £20.95. |
(b)where the claimant satisfies the condition in paragraph 13(b) or (c). | (b)£29.90. |
(6) (98) Severe Disability Premium- (a)where the claimant satisfies the condition in paragraph 15(1); | (6) (a) £37.15. |
(b)where the claimant satisfies the condition in paragraph 15(2)- (i)if there is someone in receipt of an invalid care allowance or if any partner of the claimant satisfies that condition by virtue of paragraph 15(5); | (b)(i)£37.15. |
(ii)if no-one is in receipt of such an allowance. | (ii)£74.30. |
(7) Disabled Child Premium. | (7) £20.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 16 are satisfied. |
(8) Carer Premium. | (8) £13.35 in respect of each person who satisfies the condition specified in paragraph 17. |
Article 24(9)
5. Subject to paragraphs 7 to 9, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of-�
(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £220.00 per week;
(b)past or present drug or alcohol dependence, the appropriate amount shall be £220.00 per week;
(c)mental handicap, the appropriate amount shall be £250.00 per week;
(d)physical disablement, the appropriate amount shall be £285.00 per week;
(e)any condition not falling within sub-paragraphs (a) to (d) above, the appropriate amount shall be £208.00 per week.
6. Subject to paragraphs 7 to 9, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of-�
(a)past or present mental disorder but excluding mental handicap, the appropriate amount shall be £312.00 per week;
(b)mental handicap, the appropriate amount shall be £318.00 per week;
(c)past or present drug or alcohol dependence, the appropriate amount shall be £312.00 per week;
(d)physical disablement, the appropriate amount shall be £352.00 per week;
(e)terminal illness, the appropriate amount shall be £311.00 per week;
(f)any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £311.00 per week.
9.-(1) Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, the amount shall be increased by any excess up to-�
(a)in the case of a residential care home, £41.00;
(b)in the case of a nursing home, £46.00.
11. The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be-�
(a)for the claimant £14.10, and if he has a partner, for his partner, £14.10;
(b)for a young person aged 18, £14.10;
(c)for a young person aged under 18 but over 16, £9.80;
(d)for a child aged under 16 but over 11, £8.45;
(e)for a child aged under 11, £5.80.
| Paragraph in Schedule 4 | Specified sum | |
|---|---|---|
| 2(2)(b)(i) | increases for meals | daily £1.10 |
| 2(2)(b)(ii) | increases for meals | daily £1.55 |
| 2(2)(b)(iii) | increases for meals | daily £1.55 |
Article 24(10)
| Column (1) | Column (2) |
|---|---|
Person other than claimant who is a patient1. (99) Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than six weeks and who is- (a)a member of a couple and the other member is the claimant, or | 1.-(a) the applicable amount for a couple under regulation 83 reduced by £12.50; |
(b)a member of a polygamous marriage and the claimant is a member of the marriage but not a patient. | (b)the applicable amount under regulation 84 (polygamous marriages) reduced by £12.50 in respect of each member who is a patient. |
2.-(a) A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks; or | 2.-(a) The amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12.50 instead of an amount determined in accordance with paragraph 2 of Schedule 1; or |
(b)where the person is a member of a family and paragraph 1 applies to him and another member of the family who is a child or young person has been a patient for a period of more than 12 weeks. | (b)the amount applicable to him under paragraph 1 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in Column (1) of this paragraph shall be £12.50 instead of an amount determined in accordance with paragraph 2 of Schedule 1. |
Single claimants temporarily in local authority accommodation7. A single claimant who is temporarily in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases). | 7. (100) £62.45 of which £14.10 is for personal expenses plus any amounts applicable under regulation 83(f) and 87(2) and (3). |
Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation8.-(1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation provided by a local authority of a kind specified in the definition of residential accommodation in regulation 85 (special cases). | 8.-(1) (101) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 83, 85 or 86 and in respect of the other member £62.45 of which £14.10 is for personal expenses. |
(2) A claimant who is a member of a polygamous marriage and who is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1). | (2) The aggregate of the amount applicable, for the members of the polygamous marriage who remain in the home, under regulation 84 and in respect of each member not in the home £62.45 of which £14.10 is for personal expenses. |
(3) A claimant who is a member of a couple or a member of a polygamous marriage where both members of that couple or all the members of that marriage are in accommodation referred to in sub-paragraph (1). | (3) For each member of that couple or marriage £62.45 of which £14.10 is for personal expenses plus, if appropriate, the amount applicable under regulation 83(f), 84(1)(g) and 87(2) and (3). |
Lone parents who are in residential accommodation temporarily9. A claimant who is a lone parent who has entered residential accommodation temporarily. | 9. (102) £62.45 of which £14.10 is for personal expenses, plus- (a)in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 1 or under this Schedule as appropriate; and (b)any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 83(d) or (f) or under regulation 87(2) or (3). |
Persons in residential accommodation15.-(1) (103) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is- (a)a single claimant; | 15.-(1) Any amount applicable under regulation 87(2) and (3), plus- (a)£62.45 of which £14.10 is for personal expenses; |
(b)a lone parent; | (b)the amount specified in sub-paragraph (a) of this column; |
(c)one of a couple; | (c)twice the amount specified in sub-paragraph (a) of this column; |
(d)a child or young person; | (d)the appropriate amount in respect of him prescribed in paragraph 2 of Schedule 1 (applicable amounts); |
(e)a member of a polygamous marriage. | (e)the amount specified in sub-paragraph (a) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation. |
(2) A single claimant who has become a patient and whose residential accommodation was provided by and managed by a local authority. | (2) Any amount applicable under regulation 87(2) and (3), plus £14.10. |
Persons in residential care or nursing homes who become patients17.-(a) (104) A claimant to whom regulation 86 (persons in residential care or nursing homes) applies immediately before he or a member of his family became a patient where- (a)he has been a patient for not more than 2 weeks or any member of his family has been a patient for not more than six weeks and the claimant- (i)continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient; | 17.-(a) (i) the amount which would be applicable under regulation 86 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 applies; |
(ii)continues to be liable to meet the weekly charge for the accommodation but at a reduced rate; | (ii)the amount which would be applicable under regulation 86 having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 applies; |
(iii)is a single claimant who has been a patient for not more than 2 weeks and is likely to return to the accommodation, but has ceased to be liable to meet the weekly charge for that accommodation; or | (iii)the amount applicable to him (if any) under paragraph 2(2) of Schedule 4 (meal allowances) plus the amount in respect of him as an allowance for personal expenses under paragraph 11 of Schedule 4 as if he were residing in the accommodation to which regulation 86 applies plus any amount applicable under regulation 87(3); |
(iv)is a single claimant who has been a patient for not more than 2 weeks and who ceases to be liable to meet the weekly charge for the accommodation, and who is unlikely to return to the accommodation; | (iv)the amount which would be applicable to him under regulation 83; |
(b)the claimant is one of a couple or polygamous marriage and either- (i)the claimant is not a patient and the other member of the couple or one or more members of the marriage has been a patient for a period of more than 6 weeks; or | (b)where- (i)the members of the family not patients remain in the accommodation, the amount applicable to the family as if regulation 86 having taken into account any reduction in charge, continued to apply to all the members of the family except that in respect of the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 11 of Schedule 4 there shall be substituted the amount of £15.60; |
(ii)the claimant is a patient but has not been a patient for more than 2 weeks and the other member of the couple or one or more members of the marriage has been a patient for more than 6 weeks; | (ii)one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage remaining in the accommodation the amount specified in column (2) of sub-paragraph (b)(i) save that the child or young person who has been a patient for more than 12 weeks shall be disregarded as a member of the family in assessing the amount applicable under regulation 86 and in respect of each such child or young person there shall be added the amount of £12.50; |
(c)a child or young person who has been a patient for a period of more than 12 weeks. | (c)the amount applicable under regulation 85 as if the child or young person was not a member of the family plus an amount of £12.50 in respect of that child or young person. |
| Paragraph in Schedule 5 | Specified Sum |
|---|---|
4. Members of religious orders | Nil |
14. Persons from abroad | Nil |
16. Persons temporarily absent from a hostel, residential care or nursing home | 80 per cent. |
Article 24(11)
| Provision in Jobseeker's Allowance Regulations | Specified Sum |
|---|---|
| (105)Regulation 145(1) | Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount. |
| Regulation 148(1)(a)(i) | 90 per cent. of the amount applicable or, as the case may be, of the reduced applicable amount. |
| Regulation 148(1)(b)(i) | 90 per cent. of the amount of the allowance for personal expenses or, as the case may be, of the reduced amount. |
| Regulation 148(1)(c)(i) | 98 per cent. of the applicable amount for persons in residential accommodation. |
| Regulation 148(1)(d) | 90 per cent. of the applicable amount. |
| Schedule 2, paragraph 5(3) | The relevant fraction of the applicable amount is the amount calculated by the formula |
| Schedule 2, paragraph 6(1)(b) | Half the amount which would fall to be met by applying the provisions of sub- paragraph (a). |
| Schedule 2, paragraph 6(1)(c) | Nil. |
| Schedule 2, paragraph 7(1)(b) | Nil. |
| Schedule 2, paragraph 9(1) | The weekly amount of housing costs is the amount calculated by the formula |
| Schedule 2, paragraph 10(4) | £100,000. |
| Schedule 2, paragraph 10(6)(a) | The alternative appropriate amount shall be calculated using the formula P × Q |
| Schedule 2, paragraph 10(10) | The qualifying portion of a loan shall be determined by the formula |
| (106)Schedule 2, paragraph 11(2) and (3) | 5 per cent. |
(This note is not part of the Order)
This Order is made as a consequence of a review under section 150 of the Social Security Administration Act 1992 ("the Administration Act") and includes details of the sums mentioned in that section.
Part I of the Order relates to the citation, commencement and interpretation.
Part II of the Order relates to non-income related benefits other than jobseeker's allowance.
Article 3 and Schedule 1 alter the benefits and increases of benefits (except over 80 age addition) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits Act 1992 ("the Contributions and Benefits Act").
Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.
Article 5 increases the sums payable as part of a Category A or Category B retirement pension under sections 15(1) and 17(2) and (3) of the Pension Schemes Act 1993 ("the Pension Schemes Act") on account of increases in guaranteed minimum pensions.
Article 6 specifies the dates from which the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are altered.
Article 7 increases the rates of certain workmen's compensation and industrial injuries benefits in respect of employment before 5th July 1948.
Article 8 specifies earnings limits for child dependency increases.
Article 9 increases the weekly rate of statutory sick pay.
Article 10 increases the lower rate of statutory maternity pay.
Article 11 increases the rate of graduated retirement benefit.
Article 12 increases the rates of disability living allowance.
Article 13 increases the weekly rates of child benefit, except the rate payable in respect of an only, elder or eldest child of a lone parent.
Article 14 increases the weekly rates of age addition to long-term incapacity benefit.
Article 15 increases the weekly rates of transitional invalidity allowance in long-term incapacity benefit cases.
Part III of the Order relates to family credit, disability working allowance, income support, housing benefit and council tax benefit.
Article 16 and Schedule 2 specify the applicable amount for family credit and the amount of the credits for an adult, child or young person which determines a family's maximum family credit.
Article 17 and Schedule 3 specify the applicable amount for disability working allowance and the amount of allowance for an adult, child or young person which determines the appropriate maximum disability working allowance.
Article 18 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 18(3) and Schedule 4 set out the personal allowances; article 18(5) and (6) and Schedule 5 set out the premiums; article 18(9) and Schedule 6 set out the amounts relevant to beneficiaries in residential care and nursing homes; article 18(10) and Schedule 7 set out the amounts relevant to special cases; and article 18(11) and Schedule 8 set out other miscellaneous amounts.
Article 19 provides for the percentage increase of sums payable by way of special transitional additions to income support.
Article 20 states the sum by which any income support of a person involved in a trade dispute is reduced.
Article 21 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 21(7) and Schedule 9 set out the personal allowances and article 21(9) and (10) and Schedule 10 set out the premiums.
Article 22 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit. Article 22(5) and Schedule 11 set out the personal allowances and article 22(7) and (8) and Schedule 12 set out the premiums.
Part IV of the Order relates to jobseeker's allowance.
Article 23 increases the age-related amounts of contribution-based jobseeker's allowance.
Article 24 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker's allowance. Article 24(3) and Schedule 13 set out the personal allowances; article 24(5) and (6) and Schedule 14 set out the premiums; article 24(9) and Schedule 15 set out the amounts relevant to beneficiaries in residential care and nursing homes; article 24(10) and Schedule 16 set out the amounts relevant to special cases; and article 24(11) and Schedule 17 set out other miscellaneous amounts.
Article 25 states the sum by which any jobseeker's allowance of a person involved in a trade dispute is reduced.
Part V of the Order relates to transitional provisions and revocations.
Article 26 contains transitional provisions relating to family credit and disability working allowance.
Article 27 revokes the previous Order (the Social Security Benefits Up-rating Order 1996, S.I. 1996/599).
In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm. 3547) 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.
An assessment of the cost to business of applying the statutory sick pay and statutory maternity pay provisions of this Order has been placed in the library of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, 6th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.
1992 c. 5. Section 150 was amended by paragraph 28 of Schedule 8 to the Pension Schemes Act 1993 (c. 48), sections 2(3) and 9(4) of the Social Security (Incapacity for Work) Act 1994 (c. 18), paragraph 64 of Schedule 2 to the Jobseekers Act 1995 (c. 18) and section 131(2) of the Pensions Act 1995 (c. 26).
See section 189(8) of the Social Security Administration Act 1992 (c. 5).
S.I. 1996/1803.
S.I. 1996/2518.
S.I. 1996/2545.
S.I. 1996/2745.
S.I. 1992/1814; the relevant amending instruments are S.I. 1993/688 and 2118, 1994/1924 and 1996/462, 599, 1510, 1803, 2518 and 2545.
S.I. 1991/2887; the relevant amending instruments are S.I. 1992/2155,1993/2119, 1995/482 and 1339 and 1996/599.
S.I. 1987/1973; the relevant amending instruments are S.I. 1988/660, 1992/2155, 1993/2119, 1995/1339 and 1996/599.
S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444, 1989/416 and 1017, 1990/546 and 1775, 1991/1599, 1992/50 and 1326, 1993/2118, 1994/578 and 1996/462, 599, 1803, 2518 and 2545.
S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 910, 999, 1228, 1445 and 2022, 1989/534, 1034, and 1678, 1990/547, 1776 and 2324, 1992/50, 1326 and 3147, 1993/2119, 1994/527, 1995/516, 1613, 2287 and 2927 and 1996/206, 599, 1803, 2545, and 2903.
Section 44(4) was amended by paragraph 11 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).
See section 151(1) of the Social Security Administration Act 1992.
1975 c. 14; 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.
1986 c. 50. Section 63 was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c. 6).
See section 151(2) of the Social Security Administration Act 1992.
See section 151(4) of the Social Security Administration Act 1992. Under section 151(4) the percentage increase for the tax year 1988-89 and subsequent tax years shall be the amount that would have been specified under this Order, but for subsection (4), less the increase in the retail price index or 3 per cent., whichever is less. The increase in the retail price index for the period under review is 2.1 per cent.
Section 30B was inserted by section 2(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by paragraph 21(3) of Schedule 4 to the Pensions Act 1995 (c. 26).
Child's special allowance was abolished except for existing beneficiaries as from 6th April 1987 (see section 56 of the Social Security Contributions and Benefits Act 1992).
Section 47(1) was amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18); section 48C was inserted by paragraph 3 of Schedule 4 to the Pensions Act 1995 (c. 26).
Section 73(1) was amended by paragraph 49 of Schedule 2 to the Jobseekers Act 1995 (c. 18).
See sections 82(3)(a), 83(2)(b) and 84(2)(b) of the Contributions and Benefits Act, regulations 8 and 10(2) of, and paragraph 7 of Schedule 2 to, the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), and regulation 10 of the Social Security (Incapacity Benefit-Increases for Dependants) Regulations 1994 (S.I. 1994/2945). Relevant amending instruments are S.I. 1988/554, 1989/523 and 1996/1345.
1965 c. 51. Sections 36 and 37 were repealed by the Social Security Act 1973 (c. 38) but are 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 Schedule 1 to those Regulations; relevant amending instrument is S.I. 1989/1642. See also regulation 2 of those Regulations, which was substituted by S.I. 1995/2606.
S.I. 1976/1267; relevant amending instruments are S.I. 1977/1328, 1991/502, and 1996/599 and 1803.
Relevant amending instrument is S.I. 1992/2155.
Relevant amending instrument is S.I. 1992/2155.
S.I. 1996/2545.
Relevant amending instrument is S.I. 1996/1803.
S.I. 1987/1969.
See section 126(8) of the Contributions and Benefits Act.
Relevant amending instrument is S.I. 1996/1803.
S.I. 1996/2545.
Relevant amending instrument is S.I. 1996/1803.
Relevant amending instrument is S.I. 1996/2518.
S.I. 1996/2545.
Relevant amending instrument is S.I. 1996/1803.
S.I. 1996/2545.
Relevant amending instrument is S.I. 1996/1803.
Relevant amending instrument is S.I. 1996/2538.
See section 15(6) and (7) of the Jobseekers Act 1995 (c. 18).
S.I. 1996/599.
Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the Jobseekers Act 1995 (c. 18). Paragraph 2 was substituted and paragraph 2A was inserted by section 2(2) of the Social Security (Incapacity for Work) Act 1994 (c. 18); paragraph 3 was repealed by section 11(2) of, and Schedule 2 to, that Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995 (c. 26).
Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the Jobseekers Act 1995 (c. 18). Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the Social Security (Incapacity for Work) Act 1994 (c. 18).
Widow's pension is payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act). The initial rate relates only to the period of 26 weeks following the date of the deceased's death (paragraph 16(1) of that Schedule). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.
Sub-paragraphs (1) and (2) were substituted by S.I. 1989/1034; relevant amending instruments are S.I. 1989/1678, 1990/1168 and 1996/206.
Sub-paragraph (3) was substituted by S. I. 1996/206.
Relevant amending instrument is S.I. 1996/2545.
Paragraph 2A was inserted by S.I. 1992/3147.
Sub-paragraph (1) was omitted by S.I. 1996/1803.
Sub-paragraphs (2) and (2A) were substituted by S.I. 1989/534.
Relevant amending instrument is S.I. 1988/663.
Sub-paragraph (7) was added by S.I. 1990/1776.
Relevant amending instrument is S.I. 1991/544.
S.I. 1987/1968.
Paragraph 2A was inserted by S.I. 1990/547.
Relevant amending instrument is S.I. 1988/1445.
Paragraphs 10A and 10B were inserted by S.I. 1988/663; relevant amending instruments are S.I. 1988/2022 and 1445, 1989/534, 1992/3147 and 1993/2119.
Paragraph 13B was inserted by S.I. 1994/2139.
Regulation 22A was inserted by S.I. 1996/206.
Schedule 3 was substituted by S.I. 1995/1613:
Relevant amending instrument is S.I. 1995/2927.
Paragraph 11(11) was inserted by S.I. 1995/2927.
Relevant amending instrument is S.I. 1996/2903.
Paragraph (a) was omitted by S.I. 1989/1017.
Relevant amending instrument is S.I. 1996/2545.
Sub-paragraph (1) was omitted by S.I. 1996/1803.
Sub-paragraphs (2) and (2A) were substituted by S.I. 1989/416.
Relevant amending instrument is S.I. 1996/462.
Sub-paragraph (7) was added by S.I. 1990/1775.
Relevant amending instrument is S.I. 1996/2545.
Sub-paragraph (1) was omitted by S.I. 1996/1803.
Relevant amending instrument is S.I. 1996/462.
Relevant amending instrument is S.I. 1996/1516.
Relevant amending instrument is S.I. 1996/2545.
Sub-paragraph (1) was omitted by S.I. 1996/1803.
Relevant amending instrument is S.I. 1996/1516.
Relevant amending instrument is S.I. 1996/1516.
Relevant amending instrument is S.I. 1996/2538.
Relevant amending instrument is S.I. 1996/1516.
Relevant amending instrument is S.I. 1996/1803.
Relevant amending instrument is S.I. 1996/1516.
Relevant amending instrument is S.I. 1996/1516.
Relevant amending instrument is S.I. 1996/1517.
