PART IINTRODUCTION

Citation, commencement and effect

1.—(1) This Order may be cited as the Social Security Benefits Up-rating Order 2003.

(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, 21 and 26 on 1st April 2003;

(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 2003, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;

(c)articles 3 to 5, 7, 12 to 14 and 25 on 7th April 2003;

(d)article 9, on 6th April 2003;

(e)articles 10 and 11, on 6th April 2003;

(f)articles 15 and 16, on 10th April 2003;

(g)articles 17 to 19, 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 2003, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Income Support Regulations;

(h)article 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 2003, and in relation to any other case, on 1st April 2003;

(i)articles 22 to 24, 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 2003, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.

(3) Where, so far as it relates to any particular beneficiary, article 10 of this Order comes into force in accordance with paragraph (2)(e) above on 6th April 2003, it shall come into force immediately after the coming into force of regulation 3 of the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002(3).

(4) 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 22(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.

Interpretation

2.  In this Order—

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996(4);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(5);

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(6);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(7);

“the Income Support Regulations” means the Income Support (General) Regulations 1987(8);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996(9);

“the Pension Schemes Act” means the Pension Schemes Act 1993(10); and

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002(11).

PART IISOCIAL SECURITY BENEFITS AND PENSIONS

Increase in rates or amounts of certain benefits under the Contributions and Benefits Act

3.—(1) The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit) has 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 except in—

(a)Part I the sum specified for child’s special allowance;

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

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

(d)Part V the sums specified for the increase in disablement pension for dependant children, widow’s pension (initial rate) and death benefit allowance in respect of children.

Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

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

(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 1.7 per cent. of their amount apart from this Order.

(3) In section 44(4) of the Contributions and Benefits Act(12) (basic pension in a Category A retirement pension)—

(a)for “£68.05” substitute “£69.20”; and

(b)for “£75.50” substitute “£77.45”.

(4) It is hereby directed(13) that the sums which are—

(a)the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2002-2003 shall be increased by 1.7 per cent. of their amount apart from this Order;

(b)subject to sub-paragraph (c) below, the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act(14) (increase of pension where entitlement is deferred) shall be increased by 6.6 per cent. of their amount apart from this Order;

(c)the increases in the rates of retirement pensions relating to additional pensions under Schedule 5 to the Contributions and Benefits Act shall be increased by 1.7 per cent. of their amount apart from this Order; and

(d)payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975(15), section 63 of the Social Security Act 1986(16) or section 150(1)(e) of the Social Security Administration Act 1992(17) shall be increased by 1.7 per cent. of their amount apart from this Order.

(5) The sums which, under—

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

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

shall in each case be increased by 1.7 per cent. of their amount apart from this Order.

Increase in rates or amounts of certain benefits under the Pension Schemes Act

5.—(1) It is hereby directed(20) that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.

(2) Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) of that Act), shall be increased by 1.7 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years(21).

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

6.—(1) Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.

(2) Subject to paragraph (3) below, any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 7th April 2003.

(3) In the case of a person over pensionable age—

(a)whose entitlement to a Category A retirement pension is deferred; and

(b)for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act(22),

any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 10th April 2003.

(4) The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 7th April 2003.

(5) Any increases in the sums specified for—

(a)the rate of—

(i)Category C and Category D retirement pension,

(ii)child’s special allowance(23),

(iii)attendance allowance,

(iv)carer’s allowance(24) (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), and

(v)guardian’s allowance; and

(b)any increases in—

(i)Category C retirement pension and carer’s allowance referred to in heads (i) and (iv) of sub-paragraph (a) above, and

(ii)maternity allowance, widowed mother’s allowance and widowed parent’s allowance,

in respect of dependants,

shall in all cases take effect on 7th April 2003.

(6) Any increases in the sums specified for—

(a)the rate of—

(i)carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,

(ii)disablement benefit,

(iii)maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,

(iv)industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children, and

(v)the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and

(b)any increases in—

(i)the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) above in respect of dependants, and

(ii)disablement pension,

shall in all cases take effect on 9th April 2003.

(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(25) by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 7th April 2003.

(8) The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 10th April 2003.

(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 2003.

(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(26) (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) Any increases in the sums specified in articles 3 and 22(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(27), 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 2003;

(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 2003,

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

Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948

7.  From and including—

(a)9th April 2003, for “£42.45” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);

(b)10th April 2003, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),

substitute “£43.15”.

Earnings Limits

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

(a)for “£155.00”, in both places where it occurs, substitute “ £160.00”; and

(b)“£20.00” remains unchanged.

Statutory Sick Pay

9.  In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£63.25” substitute “£64.35 ”.

Statutory Maternity Pay

10.  In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986(28) (prescribed rate of statutory maternity pay) “£100.00 ” remains unchanged.

Statutory Paternity Pay and Statutory Adoption Pay

11.  In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002(29)—

(a)in regulation 2 (weekly rate of payment of statutory paternity pay)—

(i)in paragraph (1) “£75.00” remains unchanged(30), and

(ii)in paragraph (2)(a) “£100.00” remains unchanged; an

(b)in regulation 3(a) (weekly rate of payment of statutory adoption pay) “ £100.00” remains unchanged.

Increase in rate of graduated retirement benefit

12.—(1) In section 36(1) of the National Insurance Act 1965(31) (graduated retirement benefit)—

(a)the sum of 9.21 pence shall be increased by 1.7 per cent.; and

(b)from and including 7th April 2003 the reference in that provision to that sum shall have effect as a reference to 9.37 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(32) (increases for deferred retirement) shall be increased by 1.7 per cent. of their amount apart from this Order.

(3) The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 1.7 per cent. of their amount apart from this Order.

Increase in rates of Disability Living Allowance

13.  In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991(33) (rate of benefit)—

(a)in paragraph (1)(a) for “£56.25” substitute “£57.20 ”;

(b)in paragraph (1)(b) for “£37.65” substitute “£38.30 ”;

(c)in paragraph (1)(c) for “£14.90” substitute “£15.15 ”;

(d)in paragraph (2)(a) for “£39.30” substitute “£39.95 ”; and

(e)in paragraph (2)(b) for “£14.90” substitute “£15.15 ”.

Sums specified for child benefit

14.  In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(34) (weekly rates of child benefit)—

(a)in sub-paragraph (a)(i) for “£15.75” substitute “£16.05 ”;

(b)in sub-paragraph (a)(ii) “£17.55” remains unchanged; and

(c)in sub-paragraph (b) for “£10.55” substitute “£10.75 ”.

Increase in rates of age addition to long-term incapacity benefit

15.  In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994(35) (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

(a)in sub-paragraph (a) for “£14.90” substitute “£15.15 ”; and

(b)in sub-paragraph (b) for “£7.45” substitute “£7.60 ”.

Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases

16.  In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(36) (rate of long-term incapacity benefit in transitional cases)—

(a)in sub-paragraph (a) for “£14.90” substitute “£15.15 ”;

(b)in sub-paragraph (b) for “£9.50” substitute “£9.70 ”; and

(c)in sub-paragraph (c) for “£4.75” substitute “£4.85 ”.

PART IIIINCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT

Applicable amounts for Income Support

17.—(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 2 to 5 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—

(a)regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (c)(ii) and (d)(i); and

(b)paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,

the sum specified is in each case £3,000.

(3) The sums specified in Part I of Schedule 2(37) (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.

(4) In paragraph 3 of Part II of Schedule 2(38) (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) “£15.90” remains unchanged; and

(b)in sub-paragraph (1)(b) for “£14.75” substitute “£15.75 ”.

(5) The sums specified in Part IV of Schedule 2(39) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

(6) In paragraph 18 of Schedule 3(40) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)in sub-paragraph (1)(b) “£7.40” remains unchanged;

(c)in sub-paragraph (2)(a) for “£88.00” substitute “£92.00 ”;

(d)in sub-paragraph (2)(b)—

(i)for “£88.00” substitute “£92.00”;

(ii)for “£131.00” substitute “£137.00”;

(iii)“£17.00” remains unchanged;

(e)in sub-paragraph (2)(c)—

(i)for “£131.00” substitute “£137.00”;

(ii)for “£170.00” substitute “£177.00”;

(iii)“£23.35” remains unchanged;

(f)in sub-paragraph (2)(d)—

(i)for “£170.00” substitute “£177.00”;

(ii)for “£225.00” substitute “£235.00”;

(iii)“£38.20” remains unchanged; and

(g)in sub-paragraph (2)(e)—

(i)for “£225.00” substitute “£235.00”;

(ii)for “£281.00” substitute “£293.00”;

(iii)“£43.50” remains unchanged.

(7) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases)—

(a)which are amended by this Order shall be as set out in Part I of Schedule 4 to this Order;

(b)which are not increased by this Order are the sums set out in Part II of that Schedule.

(8) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.

(9) In paragraph 19(b) of Schedule 9(41) (sums to be disregarded in the calculation of income other than earnings) for “£9.40” substitute “ £9.65”.

Income Support Transitional Protection

18.  It is hereby directed(42) that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987(43) (special transitional addition) shall be increased by 1.3 per cent. of their amount apart from this Order.

The Relevant Sum for Income Support

19.  In section 126(7) of the Contributions and Benefits Act(44) (trade disputes: the relevant sum) for “£29.00” substitute “ £29.50”.

Housing Benefit

20.—(1) As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and 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—

(a)regulations 16(b) and 17(c); and

(b)paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts),

the sum specified is in each case £3,000.

(3) In regulation 18(1)(45) (patients)—

(a)in sub-paragraphs (a), (b) and (d)(ii) for “£18.90” substitute “ £19.35” in each case;

(b)in sub-paragraphs (c)(i) and (d)(i) for “£15.10” substitute “ £15.50” in each case; and

(c)in sub-paragraph (c)(ii) for “£37.80” substitute “£38.70 ”.

(4) In regulation 63(46) (non-dependant deductions)—

(a)in paragraph (1)(a) “£47.75” remains unchanged;

(b)in paragraph (1)(b) “£7.40” remains unchanged;

(c)in paragraph (2)(a) for “£88.00” substitute “£92.00 ”;

(d)in paragraph (2)(b)—

(i)for “£88.00” substitute “£92.00”;

(ii)for “£131.00” substitute “£137.00”;

(iii)“£17.00” remains unchanged;

(e)in paragraph (2)(c)—

(i)for “£131.00” substitute “£137.00”;

(ii)for “£170.00” substitute “£177.00”;

(iii)“£23.35” remains unchanged;

(f)in paragraph (2)(d)—

(i)for “£170.00” substitute “£177.00”;

(ii)for “£225.00” substitute “£235.00”;

(iii)“£38.20” remains unchanged; and

(g)in paragraph (2)(e)—

(i)for “£225.00” substitute “£235.00”;

(ii)for “£281.00” substitute “£293.00”;

(iii)“£43.50” remains unchanged.

(5) In paragraph 1A of Part I of Schedule 1(47) (ineligible service charges), for “£19.25”, “£19.25”, “£9.70”, “ £12.80”, “£12.80”, “£6.45” and “£2.35 ” substitute “£19.50”, “£19.50”, “£9.85”, “ £12.95”, “£12.95”, “£6.55” and “£2.40 ” respectively.

(6) In paragraph 5(2)(a) of Part II of Schedule 1(48) (payments in respect of fuel charges) for “£9.40” substitute “£9.65 ”.

(7) The sums specified in Part I of Schedule 2(49) (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

(8) In paragraph 3 of Part II of Schedule 2(50) (applicable amounts: family premium)—

(a)in sub-paragraph (a) “£22.20” remains unchanged; and

(b)in sub-paragraph (b) for “£14.75” substitute “£15.75 ”.

(9) The sums specified in Part IV of Schedule 2(51) (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.

(10) In paragraph 20(b) of Schedule 4(52) (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65”.

Council Tax Benefit

21.—(1) The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and 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—

(a)regulations 8(b) and 9(c); and

(b)paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts),

the sum specified is in each case £3,000.

(3) In regulation 10(1)(53) (patients)—

(a)in sub-paragraphs (a), (b) and (d)(ii) for “£18.90” substitute “ £19.35” in each case;

(b)in sub-paragraphs (c)(i) and (d)(i) for “£15.10” substitute “ £15.50” in each case; and

(c)in sub-paragraph (c)(ii) for “£37.80” substitute “£38.70 ”.

(4) In regulation 52(54) (non-dependant deductions)—

(a)in paragraph (1)(a) “£6.95” remains unchanged;

(b)in paragraph (1)(b) “£2.30” remains unchanged;

(c)in paragraph (2)(a) for “£131.00” substitute “£137.00 ”;

(d)in paragraph (2)(b)—

(i)for “£131.00” substitute “£137.00”;

(ii)for “£225.00” substitute “£235.00”;

(iii)“£4.60” remains unchanged; and

(e)in paragraph (2)(c)—

(i)for “£225.00” substitute “£235.00”;

(ii)for “£281.00” substitute “£293.00”;

(iii)“£5.80” remains unchanged.

(5) The sums specified in Part I of Schedule 1 (55)(applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

(6) In paragraph 3 of Part II of Schedule 1(56) (applicable amounts: family premium)—

(a)in sub-paragraph (a) “£22.20” remains unchanged; and

(b)in sub-paragraph (b) for “£14.75” substitute “£15.75 ”.

(7) The sums specified in Part IV of Schedule 1(57) (applicable amounts: premiums) shall be as set out in Schedule 9 to this Order.

(8) In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit)—

(a)in sub-paragraph (2)(b)(i) for “£131.00” substitute “£137.00 ”;

(b)in sub-paragraph (2)(b)(ii) for “£131.00” and “£170.00 ” substitute “£137.00” and “£177.00” respectively.

(9) In paragraph 20(b) of Schedule 4(58) (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65”.

PART IVJOBSEEKER'S ALLOWANCE

Increase in age-related amounts of contribution-based Jobseeker’s Allowance

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

(a)in sub-paragraph (a) for “£32.50” substitute “£32.90 ”;

(b)in sub-paragraph (b) for “£42.70” substitute “£43.25 ”; and

(c)in sub-paragraph (c) for “£53.95” substitute “£54.65 ”.

Applicable amounts for Jobseeker’s Allowance

23.—(1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 10 to 15 to this Order; and 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—

(a)regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (c)(ii) and (d)(i); and

(b)paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,

the sum specified is in each case £3,000.

(3) The sums specified in Part I of Schedule 1(59) (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.

(4) In paragraph 4 of Part II of Schedule 1(60) (applicable amounts: family premium)—

(a)in sub-paragraph (1)(a) “£15.90” remains unchanged; and

(b)in sub-paragraph (1)(b) for “£14.75” substitute “£15.75 ”.

(5) The sums specified in Part IV of Schedule 1(61) (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 11 to this Order.

(6) The sums specified in Part IVB of Schedule 1(62) (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 12 to this Order.

(7) In paragraph 17 of Schedule 2(63) (housing costs: non-dependant deductions)—

(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)in sub-paragraph (1)(b) “£7.40” remains unchanged;

(c)in sub-paragraph (2)(a) for “£88.00” substitute “£92.00 ”;

(d)in sub-paragraph (2)(b)—

(i)for “£88.00” substitute “£92.00”;

(ii)for “£131.00” substitute “£137.00”;

(iii)“£17.00” remains unchanged;

(e)in sub-paragraph (2)(c)—

(i)for “£131.00” substitute “£137.00”;

(ii)for “£170.00” substitute “£177.00”;

(iii)“£23.35” remains unchanged;

(f)in sub-paragraph (2)(d)—

(i)for “£170.00” substitute “£177.00”;

(ii)for “£225.00” substitute “£235.00”;

(iii)“£38.20” remains unchanged; and

(g)in sub-paragraph (2)(e)—

(i)“£225.00” substitute “£235.00”;

(ii)for “£281.00” substitute “£293.00”;

(iii)“£43.50” remains unchanged.

(8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5(64) (applicable amounts in special cases)—

(a)which are amended by this Order shall be as set out in Part I of Schedule 13 to this Order;

(b)which are not increased by this Order are the sums set out in Part II of that Schedule.

(9) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A(65) (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 14 to this Order.

(10) In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65 ”.

(11) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.

The Prescribed Sum for Jobseeker’s Allowance

24.  In regulation 172 of the Jobseeker’s Allowance Regulations(66) (trade disputes: prescribed sum) for “£29.00” substitute “£29.50 ”.

PART VSTATE PENSION CREDIT

State Pension Credit

25.—(1) The prescribed amounts as specified in the State Pension Credit Regulations(67) shall be the amounts set out in the following provisions of this article and Schedule 16 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 State Pension Credit Regulations bearing that number.

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

(a)in paragraph (1)(a) “£155.80” remains unchanged;

(b)in paragraph (1)(b) “£102.10” remains unchanged;

(c)in paragraph (5)(a) “£42.95” remains unchanged;

(d)in paragraph (5)(b) “£85.90” remains unchanged; and

(e)in paragraph (8) “£25.10” remains unchanged.

(3) In regulation 7 (savings credit)—

(a)in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and

(b)in paragraph (2) “£77.45” and “£123.80” remain unchanged.

(4) In paragraph 14 of Schedule II (persons residing with the claimant)—

(a)in sub-paragraph (1)(a) “£47.75” remains unchanged;

(b)in sub-paragraph (1)(b) and (c) “£7.40” remains unchanged;

(c)in sub-paragraph (2)(a) “£88.00” remains unchanged;

(d)in sub-paragraph (2)(b) “£88.00”, “£131.00” and “ £17.00” remain unchanged;

(e)in sub-paragraph (2)(c) “£131.00”, “£170.00” and “ £23.35” remain unchanged;

(f)in sub-paragraph (2)(d) “£170.00”, “£225.00” and “ £38.20” remain unchanged; and

(g)in sub-paragraph (2)(e) “£225.00”, “£281.00” and “ £43.50” remain unchanged.

(5) In paragraph 1 of Schedule III (polygamous marriages)—

(a)in sub-paragraph (5), which substitutes regulation 6(1), “£155.80 ” and “£53.70” remain unchanged; and

(b)in sub-paragraph (7), which substitutes regulation 7(2), “£123.80 ” remains unchanged.

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

PART VIREVOCATION

Revocation

26.  The Social Security Benefits Up-rating Order 2002(68) is hereby revoked.

Article 3(1)

SCHEDULE 1SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER

SCHEDULE 4RATES OF BENEFITS, ETC.

PART ICONTRIBUTORY PERIODICAL BENEFITS

PART IIBEREAVEMENT PAYMENT

PART IIINON-CONTRIBUTORY PERIODICAL BENEFITS

PART IVINCREASES FOR DEPENDANTS

PART VRATES OF INDUSTRIAL INJURIES BENEFIT

Article 17(3)

SCHEDULE 2PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2APPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

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

2.—(1) The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).

2A.—(1) 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, subject to sub-paragraph (6), be—

(a)except in a case to which head (b) applies, £65.50; and

(b)where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £72.85.

Article 17(5)

SCHEDULE 3PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Article 17(7)

SCHEDULE 4INCOME SUPPORT: APPLICABLE AMOUNTS IN SPECIAL CASES

PART IPROVISIONS IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS WHICH ARE AMENDED BY THIS ORDER

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 7 TO THE INCOME SUPPORT REGULATIONS

Article 17(8)

SCHEDULE 5OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

(1)	(2)
Provision in Income Support Regulations	Specified Sum
Regulation 22A(1)(80)	Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Regulation 71(1)(a)(i)(81)	90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 71(1)(c)(i)	98 per cent. of the applicable amount for persons in residential accommodation.
Regulation 71(1)(d)	90 per cent. of the applicable amount.
Schedule 3(82), paragraph 5(3)	The relevant fraction of the applicable amount is the amount calculated by the formula—
Schedule 3, paragraph 6(1)(b)(83)	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)(84)	The weekly amount of housing costs is the amount calculated by the formula—
Schedule 3, paragraph 11(5)	£100,000.
Schedule 3, paragraph 11(7)(a)	The alternative appropriate amount shall be calculated using the formula P × Q
Schedule 3, paragraph 11(11)(85)	The qualifying portion of a loan shall be determined by the formula—
Schedule 3, paragraph 12(1)(a)(86)	5.34 per cent.
Schedule 3, paragraph 12(2) and (3)	5 per cent.

Article 20(7)

SCHEDULE 6PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 2APPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 16(a) and 17(a) and (b)—

2.—(1) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 16(b) and 17(c)—

Article 20(9)

SCHEDULE 7PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

PART IVAMOUNTS OF PREMIUMS SPECIFIED IN PART III

Article 21(5)

SCHEDULE 8PART I OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDERAPPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 8(a) and 9(a) and (b)—

2.—(1) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 8(b) and 9(c)—

Article 21(7)

SCHEDULE 9PART IV OF SCHEDULE 1 TO THE COUNCIL TAX BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART IVAMOUNT OF PREMIUMS SPECIFIED IN PART III

Article 23(3)

SCHEDULE 10PART I OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 1APPLICABLE AMOUNTS

PART IPERSONAL ALLOWANCES

1.  The weekly amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83, 84(1), 86A and 86B (applicable amounts and polygamous marriages).

2.—(1) The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

3.—(1) The weekly amount for the purposes of regulations 83(c), 84(l)(d), 86A(b) and 86B(c) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall, subject to sub-paragraph (7), be—

(a)except in a case to which head (b) applies, £65.50; and

(b)where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £72.85.

Article 23(5)

SCHEDULE 11PART IV OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IVWEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Article 23(6)

SCHEDULE 12PART IVB OF SCHEDULE 1 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

PART IVB(90)WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART IVA

Article 23(8)

SCHEDULE 13JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS IN SPECIAL CASES

PART IPROVISIONS IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS WHICH ARE AMENDED BY THIS ORDER

PART IIOTHER SUMS SPECIFIED IN SCHEDULE 5 TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

Article 23(9)

SCHEDULE 14JOBSEEKER'S ALLOWANCE: APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASESSCHEDULE 5A(92) TO THE JOBSEEKER'S ALLOWANCE REGULATIONS (APPLICABLE AMOUNTS OF JOINT-CLAIM COUPLES IN SPECIAL CASES) AS AMENDED BY THIS ORDER

Article 23(11)

SCHEDULE 15OTHER APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER'S ALLOWANCE REGULATIONS

Provision in Jobseeker’s Allowance Regulations	Specified Sum
Regulation 145(1)(96)	Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 146G(1)(97)	Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 148(1)(a)(i)	90 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount.
Regulation 148(1)(c)(i)	98 per cent. of the applicable amount for persons in residential accommodation.
Regulation 148(1)(d)	90 per cent. of the applicable amount.
Regulation 148A(1)(a)(i)(98)	90 per cent. of the applicable amount or, as the case may be, of the reduced applicable amount.
Regulation 148A(1)(c)	98 per cent. of the applicable amount for persons in residential accommodation.
Regulation 148A(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)(99)	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—
Schedule 2, paragraph 11(2) and (3)(100)	5 per cent.

Article 25(6)

SCHEDULE 16OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

Provision in State Pension Credit Regulations	Specified Amount
Regulation 6(3)(a) (guarantee credit for prisoners and members of religious orders who are fully maintained by their order)	Nil.
Regulation 6(3)(b) (prescribed additional amount for prisoners and members of religious orders who are fully maintained by their order)	Nil.
Regulation 7(3) (maximum savings credit for prisoners and members of religious orders who are fully maintained by their order)	Nil.
Schedule II, paragraph 6(3)	The relevant fraction of the applicable amount is the amount calculated by the formula—
Schedule II, paragraph 7(1)	The weekly amount of housing costs is the amount calculated by the formula—
Schedule II, paragraph 8(2)	£100,000.
Schedule II, paragraph 8(4)(a)	The alternative appropriate amount shall be calculated using the formula—P × Q
Schedule II, paragraph 8(8)	The qualifying portion of a loan shall be determined by the formula—
Schedule II, paragraph 9(2) and (3)	5 per cent.

Explanatory Note

(This note is not part of the Regulations)

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 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 (excepting those referred to in article 3(2)) 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 specifies the weekly rate of statutory maternity pay.

Article 11 specifies the weekly rates of statutory paternity pay and statutory adoption pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the rates of disability living allowance.

Article 14 increases the weekly rates of child benefit.

Article 15 increases the weekly rates of age addition to long-term incapacity benefit.

Article 16 increases the weekly rates of transitional invalidity allowance in long-term incapacity benefit cases.

Part III of the Order relates to income support, housing benefit and council tax benefit.

Article 17 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 17(3) and Schedule 2 set out the personal allowances; article 17(4) and (5) and Schedule 3 set out the premiums; article 17(7) and Schedule 4 set out the amounts relevant to special cases; and article 17(8) and Schedule 5 set out other miscellaneous amounts as in force on 5th February 2003.

Article 18 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 19 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 20 states the amount of the sums relevant for the purposes of housing benefit. Article 20(6) and Schedule 6 set out the personal allowances and article 20(8) and (9) and Schedule 7 set out the premiums.

Article 21 states the amount of the sums relevant for the purposes of council tax benefit. Article 21(5) and Schedule 8 set out the personal allowances and article 21(6) and (7) and Schedule 9 set out the premiums.

Part IV of the Order relates to jobseeker’s allowance.

Article 22 increases the age-related amounts for contribution-based jobseeker’s allowance.

Article 23 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 23(3) and Schedule 10 set out the personal allowances; article 23(4) and (5) and Schedule 11 set out the premiums; article 23(6) and Schedule 12 set out the premiums for joint-claim couples; article 23(8) and Schedule 13 set out the amounts relevant to special cases; article 23(9) and Schedule 14 set out the amounts relevant to joint-claim special cases and article 23(10) and Schedule 15 set out other miscellaneous amounts.

Article 24 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 state pension credit.

Article 25 and Schedule 16 specify the amounts relevant to state pension credit.

Part VI of the Order relates to revocations.

Article 26 revokes the Social Security Benefits Up-rating Order 2002 (S.I. 2002/668).

In accordance with section 150(8) of the Administration Act, a copy of the report of the Government Actuary (Cm 5746) 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.

This Order imposes no new costs on business.