The Social Security Benefits Up-rating Order (Northern Ireland) 1997

Made: 3rd March 1997

Coming into operation in accordance with Article 1(1)

Whereas the Secretary of State has made an Order[^f00001] under sections 150 and 189(1), (3) and (4) of the Social Security Administration Act 1992[^f00002]:

Now, therefore, the Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 132 and 165(1) of the Social Security Administration (Northern Ireland) Act 1992[^f00003] and of all other powers enabling it in that behalf, hereby makes the following Order:

Part I — Introduction

Citation and commencement

1

• (1) This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 1997 and, subject to paragraphs (2) and (3), shall come into operation for the purposes of—

• (a) Articles 1, 2 and 6 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 and 11 to 13 on 7th April 1997;

• (e) Articles 16, 17 and 25 on 8th April 1997;

• (f) Article 7 on 9th April 1997;

• (g) Articles 14, 15 and 26 on 10th April 1997;

• (h) Articles 18 to 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 purposes of this sub-paragraph and sub-paragraph (i), “benefit week” has the same meaning as in the Income Support Regulations;

• (i) Article 21(c)(ii), 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;

• (j) except in a case to which sub-paragraph (i) applies, Article 21 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; and

• (k) 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 1997 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.

• (2) The increases made—

• (a) in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and

• (b) by Article 22(c) in so far as it is relevant for the purposes referred to in Article 6(11),

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

• (3) To the extent that any provision of this Order is due to come into operation on the same day as any provision of the Regulations listed in paragraph (4), this Order shall come into operation immediately after those Regulations.

• (4) The Regulations referred to in paragraph (3) are—

• (a) the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996[^f00004];

• (b) the Personal Allowances for Children and Young Persons Regulations; and

• (c) the Social Security (Non-Dependant Deductions) Regulations (Northern Ireland) 1997[^f00005].

Interpretation

2

• (1) In this Order—

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

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00006];

• “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993[^f00007];

• “the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996[^f00008];

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00009];

• “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00010];

• “the Personal Allowances for Children and Young Persons Regulations” means the Income-Related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations (Northern Ireland) 1996[^f00011].

• (2) The Interpretation Act (Northern Ireland) 1954[^f00012] shall apply to this Order as it applies to a Measure of the Assembly.

Part II — Social Security Benefits and Pensions

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

3

• (1) The sums specified in paragraph (2) shall be increased from and including the respective dates specified in Article 6 so as to have effect as set out in Schedule 1.

• (2) The sums mentioned in paragraph (1) are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rate of industrial injuries benefit, respectively), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.

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

4

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

• (2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of 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[^f00013] (basic pension of Category A retirement pension)—

• (a) for “£58·65” there shall be substituted “£59·90”; and

• (b) for “£61·15” there shall be substituted “£62·45”.

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

• (a) the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1996-97;

• (b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act[^f00014] (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 120 of the Social Security (Northern Ireland) Act 1975[^f00015], Article 64 of the Social Security (Northern Ireland) Order 1986[^f00016] or section 132 of the Administration Act,

shall in each case be increased by 2·1 per cent. of their amount apart from this Order.

Rates or amounts of certain benefits under the Pension Schemes Act

5

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

• (2) Sums which are payable by virtue of section 11(1) of the Pension Schemes Act (increase of guaranteed minimum where commencement of guaranteed minimum pension is postponed) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 13(2) and (3) of that Act) shall be increased by 2·1 per cent. of their amount apart from this Order where the increase under section 11(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years[^f00017].

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

6

• (1) Paragraphs (2) to (9), which are subject to the provisions of paragraphs (10) and (11), 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), the increases in the sums specified in Articles 3, 4 and 11 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) of the Contributions and Benefits Act[^f00018], the increases in the sums mentioned in Articles 3, 4 and 11 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[^f00019], attendance allowance, invalid care allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday) together with, in each case where appropriate, increases for dependants, 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 Department has made arrangements for it to be paid on a Wednesday together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of a 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 that 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[^f00020], 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 in all cases take effect 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 71(1)(b) of the Administration Act 1992[^f00021] (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) 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 22(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount, shall take effect on—

• (a) except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 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.

Workmen’s compensation

7

In paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act[^f00022] (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for “£36·60” there shall be substituted “£37·35”.

Earnings limits

8

In section 80(4) of the Contributions and Benefits Act[^f00023] (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £135·00 and the sums specified in paragraph (b) are £17·00 and £135·00 respectively.

Statutory sick pay

9

In section 153(1) of the Contributions and Benefits Act[^f00024] (rate of payment) for “£54·55” there shall be substituted “£55·70”.

Statutory maternity pay

10

In regulation 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987[^f00025] (lower rate of statutory maternity pay) for “£54·55” there shall be substituted “£55·70”.

Graduated retirement benefit

11

• (1) The sum of 7·94 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966[^f00026] (graduated retirement benefit) shall be increased by 2·1 per cent. and accordingly 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 (Northern Ireland) 1978[^f00027] (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 2·1 per cent. of their amount apart from this Order.

• (3) The sums which are the additions under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (special provision as to graduated retirement benefit for widows and widowers) shall be increased by 2·1 per cent. of their amount apart from this Order.

Disability living allowance

12

In regulation 4 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[^f00028] (rate of benefit)—

• (a) in paragraph (1)(a) for “£48·50” there shall be substituted “£49·50”;

• (b) in paragraph (1)(b) for “£32·40” there shall be substituted “£33·10”;

• (c) in paragraph (1)(c) for “£12·90” there shall be substituted “£13·15”;

• (d) in paragraph (2)(a) for “£33·90” there shall be substituted “£34·60”; and

• (e) in paragraph (2)(b) for “£12·90” there shall be substituted “£13·15”.

Child benefit

13

In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976[^f00029] (weekly rates of child benefit)—

• (a) in sub-paragraph (a)(i) for “£10·80” there shall be substituted “£11·05”;

• (b) in sub-paragraph (a)(ii) the sum specified is £17·10; and

• (c) in sub-paragraph (b) for “£8·80” there shall be substituted “£9·00”.

Age addition to long-term incapacity benefit

14

In regulation 9(2) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994[^f00030] (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date)—

• (a) in sub-paragraph (a) for “£12·90” there shall be substituted “£13·15”; and

• (b) in sub-paragraph (b) for “£6·45” there shall be substituted “£6·60”.

Transitional invalidity allowance in long-term incapacity benefit cases

15

In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995[^f00031] (rate of long-term incapacity benefit in transitional cases)—

• (a) in sub-paragraph (a) for “£12·90” there shall be substituted “£13·15”;

• (b) in sub-paragraph (b) for “£8·10” there shall be substituted “£8·30”; and

• (c) in sub-paragraph (c) for “£4·05” there shall be substituted “£4·15”.

Part III — Family Credit, Disability Working Allowance, Income Support and Housing Benefit

Family credit

16

In the Family Credit (General) Regulations (Northern Ireland) 1987[^f00032]—

• (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) (applicable amount) for “£75·20” there shall be substituted “£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.

Disability working allowance

17

In the Disability Working Allowance (General) Regulations (Northern Ireland) 1992[^f00033]—

• (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) (applicable amount)—

• (i) in sub-paragraph (a) for “£56·40” there shall be substituted “£57·85”, and

• (ii) in sub-paragraph (b) for “£75·20” there shall be substituted “£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.

Applicable amounts for income support

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 a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Income Support Regulations bearing that number.

• (2) In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (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), 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 Personal Allowances for Children and Young Persons Regulations (transitional provisions)—

• (a) in sub-paragraph (b) for “£24·10” there shall be substituted “£24·75”;

• (b) in sub-paragraph (c) for “£28·85” there shall be substituted “£29·60”; and

• (c) in sub-paragraph (d) for “£37·90” there shall be substituted “£38·90”.

• (5) In paragraph 3 of Part II of Schedule 2[^f00034] (applicable amounts: family premium)—

• (a) in sub-paragraph (a) the sum specified is £15·75; and

• (b) in sub-paragraph (b) for “£10·55” there shall be substituted “£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[^f00035] (housing costs: non-dependant deductions)—

• (a) in head (a) for “£32·00” there shall be substituted “£33·00”; and

• (b) in head (b) for “£6·00” there shall be substituted “£7·00”.

• (8) In paragraph 18(2) of Schedule 3—

• (a) in head (a) for “£76·00” there shall be substituted “£78·00”;

• (b) in head (b) for “£76·00”, “£114·00” and “£12·00” there shall be substituted “£78·00”, “£116·00” and “£13·00” respectively; and

• (c) in head (c) for “£114·00”, “£150·00” and “£16·00” there shall be substituted “£116·00”, “£152·00” and “£17·00” respectively.

• (9) In paragraph 6(2) of Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) for “£234·00” there shall be substituted “£240·00” and, subject to paragraph (2), those other sums relevant to the calculation of an applicable amount which are specified in that Schedule 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.

Income support transitional protection

19

Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987[^f00036] shall be increased by 2·6 per cent. of their amount apart from this Order.

The relevant sum for income support

20

In section 125(7) of the Contributions and Benefits Act[^f00037] (trade disputes) for “£26·00” there shall be substituted “£26·50”.

Housing benefit

21

In the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00038]—

• (a) in regulations 16(b) and 17(c) and in paragraph 14(a) of Part III of Schedule 2, in so far as they relate to rent, the sum specified is in each case £3,000;

• (b) in regulation 63 (non-dependant deductions)—

• (i) in paragraph (1)(b)(i) for “£6·00” there shall be substituted “£7·00”,

• (ii) in paragraph (2)(a) for “£76·00” there shall be substituted “£78·00”,

• (iii) in paragraph (2)(b) for “£76·00”, “£114·00” and “£12·00” there shall be substituted “£78·00”, “£116·00” and “£13·00” respectively,

• (iv) in paragraph (2)(c) for “£114·00”, “£150·00” and “£16·00” there shall be substituted “£116·00”, “£152·00” and “£17·00” respectively, and

• (v) in paragraph (2)(ca)[^f00039] for “£150·00” and “£32·00” there shall be substituted “£152·00” and “£33·00” respectively; and

• (c) in Schedule 1 (ineligible service charges)—

• (i) in paragraph 1A[^f00040] for “£17·10”, “£17·10”, “£8·65”, “£11·35”, “£11·35”, “£5·70” and “£2·05” there shall be substituted “£17·55”, “£17·55”, “£8·85”, “£11·65”, “£11·65”, “£5·85” and “£2·10” respectively, and

• (ii) in paragraph 5(2) the sums specified are £9·25, £1·15, £0·80 and £1·15 respectively.

Part IV — Jobseeker’s Allowance

Age-related amount 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 “£28·85” there shall be substituted “£29·60”;

• (b) in sub-paragraph (b) for “£37·90” there shall be substituted “£38·90”; and

• (c) in sub-paragraph (c) for “£47·90” there shall be substituted “£49·15”.

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 9 to 13 to this Order; and for this purpose a reference in this Article to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the Jobseeker’s Allowance Regulations bearing that number.

• (2) In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (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 3 the sum specified is in each case £3,000.

• (3) Subject to paragraph (4), the sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.

• (4) In paragraph 2 of Schedule 1 as it has effect by virtue of regulation 10(1) of the Personal Allowances for Children and Young Persons Regulations (transitional provisions)—

• (a) in sub-paragraph (b) for “£24·10” there shall be substituted “£24·75”;

• (b) in sub-paragraph (c) for “£28·85” there shall be substituted “£29·60”; and

• (c) in sub-paragraph (d) for “£37·90” there shall be substituted “£38·90”.

• (5) In paragraph 4 of Part II of Schedule 1[^f00041] (applicable amounts: family premium)—

• (a) in sub-paragraph (a) the sum specified is £15·75; and

• (b) in sub-paragraph (b) for “£10·55” there shall be substituted “£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 10 to this Order.

• (7) In paragraph 17(1) of Schedule 2 (housing costs: non-dependant deductions)—

• (a) in head (a) for “£32·00” there shall be substituted “£33·00”; and

• (b) in head (b) for “£6·00” there shall be substituted “£7·00”.

• (8) In paragraph 17(2) of Schedule 2—

• (a) in head (a) for “£76·00” there shall be substituted “£78·00”;

• (b) in head (b) for “£76·00”, “£114·00” and “£12·00” there shall be substituted “£78·00”, “£116·00” and “£13·00” respectively; and

• (c) in head (c) for “£114·00”, “£150·00” and “£16·00” there shall be substituted “£116·00”, “£152·00” and “£17·00” respectively.

• (9) Subject to paragraph (2), those sums relevant to the calculation of an applicable amount which are specified in Schedule 3 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 11 to this Order.

• (10) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts in special cases) shall be as set out in Schedule 12 to this Order.

• (11) The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 13 to this Order are the sums set out in column (2) of that Schedule.

The prescribed sum for jobseeker’s allowance

24

In regulation 170 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£26·00” there shall be substituted “£26·50”.

Part V — Transitional Provisions and Revocations

Transitional provisions

25

Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by Articles 16 and 17, 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.

Revocations

26

Articles 3 to 15, 16(b) to (d) and (f), 17(b) to (d) and (f), 18(2) to (12) and 19 to 23 of, and Schedules 1 to 8 to, the Social Security Benefits Up-rating Order (Northern Ireland) 1996[^f00042] are hereby revoked.

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

SCHEDULE 2 — Schedule 4 to the Family Credit Regulations as amended by this Order

SCHEDULE 3 — Schedule 5 to the Disability Working Allowance Regulations as amended by this Order

SCHEDULE 4 — Part I of Schedule 2 to the Income Support Regulations as amended by this Order

SCHEDULE 5 — Part IV of Schedule 2 to the Income Support Regulations as amended by this Order

SCHEDULE 6 — Income Support: Applicable Amounts of Persons in Homes for Persons in Need and Nursing Homes

Part I — Provisions in Schedule 4 to the Income Support Regulations as amended by this Order

Homes for persons in need

6

• (1) Subject to sub-paragraph (2) and paragraphs 8 to 10, where the accommodation provided for the claimant is a home for persons in need, for persons in need of personal care by virtue of—

• (a) old age and infirmity, 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.

Nursing homes

7

Subject to paragraphs 8 to 10, 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.

Personal allowances

12

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.

Part II — Other sums specified in Schedule 4 to the Income Support Regulations

Paragraph in Schedule 4	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

SCHEDULE 7 — Income Support: Applicable Amounts in Special Cases

Part I — Provisions in Schedule 7 to the Income Support Regulations as amended by this Order

Patients

1

Subject to paragraphs 2, 2A, 3 and 16, a person who has been a patient for a period of more than 6 weeks and who is—

1

2

A single claimant who has been a patient for a continuous period of more than 52 weeks, where—

2

2A

A single claimant who is detained under the provisions of the Mental Health (Northern Ireland) Order 1986[^f00061] and who immediately before his detention under that Order was a prisoner.

2A

£12·50.

3

Subject to paragraph 16—

3

Single claimants temporarily in accommodation provided by a Health and Social Services Board

10A

A single claimant who is temporarily in accommodation referred to in sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) 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 accommodation provided by a Health and Social Services Board

10B

—

• (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 referred to in sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) of the definition of “residential accommodation” in regulation 21(3).

10B

—

• (1) The aggregate of the amount applicable to 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.

Lone parents who are in residential accommodation temporarily

10C

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 accommodation

13

—

• (1) Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is—

13

—

• (1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or (h), plus—

Persons in homes for persons in need or nursing homes who become patients

16

A claimant to whom regulation 19 applies immediately before he or a member of his family became a patient where—

16

Part II — Other sums specified in Schedule 7 to the Income Support Regulations

7

Members of religious orders

8

Prisoners

14

Persons temporarily absent from home for persons in need or nursing home

15

Persons from abroad

SCHEDULE 8 — Other applicable amounts specified in the Income Support Regulations

Provisions in Income Support Regulations	Specified Sum
Regulation 22A(1)[^f00067]	Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
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) Schedule 3[^f00068], paragraph 6(1)(b)	90 per cent. of the applicable amount. 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 the 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 $(A×B)×C52.$
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)	The qualifying portion of a loan shall be determined by the formula $R×ST.$
Schedule 3, paragraph 12(1)(a)	6·89 per cent.
Schedule 3, paragraph 12(2) and (3)	5 per cent.

SCHEDULE 9 — Part I of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

SCHEDULE 10 — Part IV of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

SCHEDULE 11 — Jobseeker’s Allowance: Applicable Amounts of Persons in Residential Care and Nursing Homes

Part I — Provisions in Schedule 3 to the Jobseeker’s Allowance Regulations as amended by this Order

Residential care homes

5

Subject to paragraphs 7 and 8, 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), the appropriate amount shall be £208·00 per week.

Nursing homes

6

Subject to paragraphs 7 and 8, 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.

Personal allowances

10

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.

Part II — Other sums specified in Schedule 3 to the Jobseeker’s Allowance Regulations

Paragraph in Schedule 3	Specified Sum
2(2)(b)(i)	daily £1·10
2(2)(b)(ii) }increases for meals	daily £1·55
2(2)(b)(iii)	daily £1·55

SCHEDULE 12 — Jobseeker’s Allowance: Applicable Amounts in Special Cases

Part I — Provisions in Schedule 4 to the Jobseeker’s Allowance Regulations as amended by this Order

Person other than claimant who is a patient

1

Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than 6 weeks and who is—

1

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) shall be £12·50 instead of an amount determined in accordance with paragraph 2 of Schedule 1, or

Single claimants temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

7

A single claimant who is temporarily in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

7

£62·45 of which £14·10 is for personal expenses plus any amounts applicable under regulations 83(f) and 87(2) and (3).

Couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

8

—

• (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 Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85.

8

—

• (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 83, 85 or 86 and in respect of the other member £62·45 of which £14·10 is for personal expenses.

Lone parents who are in residential accommodation temporarily

9

A claimant who is a lone parent who has entered residential accommodation temporarily.

9

£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 accommodation

15

—

• (1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is—

15

—

• (1) Any amount applicable under regulation 87(2) and (3), plus—

Persons in residential care or nursing homes who become patients

17

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—

17

Part II — Other sums specified in Schedule 4 to the Jobseeker’s Allowance Regulations

4

Members of religious orders

14

Persons from abroad

16

Persons temporarily absent from a hostel, residential care or nursing home

SCHEDULE 13 — Other applicable amounts specified in the Jobseeker’s Allowance Regulations

Provisions in Jobseeker’s Allowance Regulations	Specified Sum
Regulation 145(1)	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 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 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 $(A×B)×C52.$
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 $R×ST.$
Schedule 2, paragraph 11(2) and (3)	5 per cent.

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

John O'Neill — Assistant Secretary — 3rd March 1997.

Explanatory note

(This note is not part of the Order.)

This Order, which corresponds to an Order (S.I. 1997/543) made by the Secretary of State for Social Security under section 150 of the Social Security Administration Act 1992, increases the rates and amounts of certain social security benefits and other sums.

Part I relates to the citation, commencement and interpretation.

Part II relates to non income-related benefits other than jobseeker’s allowance.

Article 3 and Schedule 1 increase the rates of benefits and increases of benefit (except over 80 age addition) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) 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 11(1) and 13(2) and (3) of the Pension Schemes (Northern Ireland) 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 increased.

Article 7 increases the rate of certain workmen’s compensation in respect of employment before 5th July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the 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 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 rates of age addition to long-term incapacity benefit.

Article 15 increases the rates of transitional invalidity allowance to long-term incapacity benefit cases.

Part III relates to income-related benefits.

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 and other miscellaneous amounts.

Article 17 and Schedule 3 specify the applicable amount for disability working allowance and the amount of the allowance for a claimant, child or young person which determines the appropriate maximum disability working allowance and other miscellaneous amounts.

Article 18 sets out 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 homes for persons in need 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 increases the sum by which any income support of a person involved in a trade dispute is reduced.

Article 21 sets out various sums relevant to the calculation of housing benefit.

Part IV relates to jobseeker’s allowance.

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

Article 23 sets out the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 23(3) and Schedule 9 set out the personal allowances; Article 23(5) and (6) and Schedule 10 set out the premiums; Article 23(9) and Schedule 11 set out the amounts relevant to beneficiaries in homes for persons in need and nursing homes; Article 23(10) and Schedule 12 set out the amounts relevant to special cases; and Article 23(11) and Schedule 13 set out other miscellaneous amounts.

Article 24 specifies the sum by which any income-based jobseeker’s allowance of a person involved in a trade dispute is reduced.

Part V relates to transitional provisions and revocations.

Article 25 contains transitional provisions for family credit and disability working allowance.

Article 26 partially revokes the Social Security Benefits Up-rating Order (Northern Ireland) 1996.

Footnotes

[^f00001]: S.I. 1997/543

[^f00002]: 1992 c. 5

[^f00003]: 1992 c. 8; section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)

[^f00004]: S.R. 1996 No. 288

[^f00005]: S.R. 1997 No. 3

[^f00006]: 1992 c. 7

[^f00007]: 1993 c. 49

[^f00008]: S.R. 1996 No. 520

[^f00009]: S.R. 1987 No. 459; relevant amending provisions are S.R. 1988 Nos. 146, 274, 318 and 431, S.R. 1989 Nos. 139 and 249, S.R. 1990 Nos. 131, 213 and 346, S.R. 1991 No. 338, S.R. 1993 Nos. 149 and 373, S.R. 1994 No. 77, S.R. 1995 Nos. 301 and 434 and S.R. 1996 Nos. 73, 199, 288, 449 and 476

[^f00010]: S.R. 1996 No. 198; relevant amending regulations are S.R. 1996 Nos. 288, 356, 358, 476 and 503

[^f00011]: S.R. 1996 No. 476

[^f00012]: 1954 c. 33 (N.I.)

[^f00013]: Section 44(4) was amended by paragraph 11 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and Article 4(3) of S.R. 1996 No. 73

[^f00014]: Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993, paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and paragraph 18(12) to (18) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

[^f00015]: 1975 c. 15; section 120 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

[^f00016]: S.I. 1986/1888 (N.I. 18); Article 64 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

[^f00017]: See section 132(4) of the Social Security Administration (Northern Ireland) Act 1992 as amended by paragraph 41(c) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993; 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 prices index or 3%, whichever is less; the increase in the retail prices index for the period under review is 2·1%

[^f00018]: Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraph 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

[^f00019]: Child’s special allowance was abolished except for existing beneficiaries as from 6th April 1987; see section 56(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

[^f00020]: Section 47(1) was amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; see also regulation 23 of S.R. 1995 No. 35; section 48C was inserted by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995

[^f00021]: Section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

[^f00022]: Paragraph 2(6)(c) was amended by Article 7 of S.R. 1996 No. 73

[^f00023]: Section 80(4) was amended by Article 8 of S.R. 1996 No. 73

[^f00024]: Section 153(1) was amended by Article 9 of S.R. 1996 No. 73

[^f00025]: S.R. 1987 No. 30; relevant amending provision is S.R. 1996 No. 73

[^f00026]: 1966 c. 6 (N.I.); sections 35 and 36 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 2 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 (S.R. 1978 No. 105); see also S.R. 1995 No. 483

[^f00027]: S.R. 1978 No. 105; relevant amending regulations are S.R. 1989 No. 373

[^f00028]: S.R. 1992 No. 32; relevant amending provisions are S.R. 1993 No. 340 and S.R. 1996 No. 73

[^f00029]: S.R. 1976 No. 223; relevant amending provisions are S.R. 1977 No. 248, S.R. 1991 Nos. 82 and S.R. 1996 Nos. 73 and 288

[^f00030]: S.R. 1994 No. 461; relevant amending provision is S.R. 1996 No. 73

[^f00031]: S.R. 1995 No. 35; relevant amending provision is S.R. 1996 No. 73

[^f00032]: S.R. 1987 No. 463; relevant amending provisions are S.R. 1992 No. 403, S.R. 1993 No. 373, S.R. 1995 No. 223 and S.R. 1996 No. 73

[^f00033]: S.R. 1992 No. 78; relevant amending provisions are S.R. 1993 No. 373, S.R. 1995 Nos. 67 and 223 and S.R. 1996 No. 73

[^f00034]: Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318 and regulation 5(4)(a) of S.R. 1996 No. 288

[^f00035]: Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18 was amended by regulation 2(3)(j) of S.R. 1995 No. 434 and Article 18(6) and (7) of S.R. 1996 No. 73

[^f00036]: S.R. 1987 No. 460; relevant amending regulations are S.R. 1988 Nos. 132 and 153, S.R. 1989 No. 371 and S.R. 1991 No. 341

[^f00037]: Section 125(7) was amended by Article 20 of S.R. 1996 No. 73

[^f00038]: S.R. 1987 No. 461; relevant amending provisions are S.R. 1988 No. 314, S.R. 1989 No. 125, S.R. 1990 No. 136, S.R. 1992 Nos. 85 and 549, S.R. 1993 No. 381, S.R. 1994 No. 74, S.R. 1996 Nos. 73 and 84 and S.R. 1997 No. 3

[^f00040]: Paragraph 1A was inserted by regulation 7(b) of S.R. 1988 No. 314 and amended by regulation 8 of S.R. 1989 No. 125

[^f00042]: S.R. 1996 No. 73

[^f00059]: S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7

[^f00061]: S.I. 1986/595 (N.I. 4)

[^f00067]: Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199

[^f00068]: Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301; relevant amending regulations are S.R. 1995 No. 434 and S.R. 1996 No. 545