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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security Benefits Up-rating Order 2004 No. 552 URL: http://www.bailii.org/uk/legis/num_reg/2004/20040552.html

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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; and

"the State Pension Credit Regulations" means the State Pension Credit Regulations 2002[10].

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 2.8 per cent. of their amount apart from this Order.

    (3) In section 44(4) of the Contributions and Benefits Act[11] (basic pension in a Category A retirement pension) - 

(a) for "£69.20" substitute "£71.15"; and

(b) for "£77.45" substitute "£79.60".

    (4) It is hereby directed[12] 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 2003-2004 shall be increased by 2.8 per cent. of their amount apart from this Order;

(b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act[13] (increase of pension where entitlement is deferred) shall be increased by 2.8 per cent. of their amount apart from this Order; and

(c) payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975[14], section 63 of the Social Security Act 1986[15] or section 150(1)(e) of the Social Security Administration Act 1992 shall be increased by 2.8 per cent. of their amount apart from this Order.

    (5) The sums which, under - 

(a) section 55A of the Contributions and Benefits Act[16], are shared additional pensions;

(b) section 55C of the Contributions and Benefits Act[17], are increases in the rates of such pensions,

shall in each case be increased by 2.8 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[18] 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 2.8 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[19].

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 12th April 2004.

    (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[20],

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 15th April 2004.

    (4) The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 12th April 2004.

    (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[21],

(iii) attendance allowance, and

(iv) carer's allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); 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 12th April 2004.

    (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 14th April 2004.

    (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[22] 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 12th April 2004.

    (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 15th April 2004.

    (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 14th April 2004.

    (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[23] (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 23(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount[24], 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 12th April 2004;

(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 2004,

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) 14th April 2004, for "£43.15" 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) 15th April 2004, 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 "£44.35".

Earnings Limits
     8. In section 80(4) of the Contributions and Benefits Act[25] (earnings limits in respect of child dependency increases) - 

(a) for "£160.00", in both places where it occurs, substitute "£165.00"; and

(b) for "£20.00" substitute "£21.00".

Statutory Sick Pay
     9. In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for "£64.35" substitute "£66.15".

Statutory Maternity Pay
     10. In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986[26] (prescribed rate of statutory maternity pay) for "£100.00" substitute "£102.80".

Statutory Paternity Pay and Statutory Adoption Pay
     11. In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002[27] - 

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


(i) in paragraph (1) "£75.00" remains unchanged[28], and

(ii) in paragraph (2)(a) for "£100.00" substitute "£102.80"; and



(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for "£100.00" substitute "£102.80".

Increase in rate of graduated retirement benefit
     12.  - (1) In section 36(1) of the National Insurance Act 1965[29] (graduated retirement benefit) - 

(a) the sum of 9.37 pence shall be increased by 2.8 per cent.; and

(b) from and including 12th April 2004 the reference in that provision to that sum shall have effect as a reference to 9.63 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[30] (increases for deferred retirement) shall be increased by 2.8 per cent. of their amount apart from this Order.

    (3) The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 2.8 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[31] (rate of benefit) - 

(a) in paragraph (1)(a) for "£57.20" substitute "£58.80";

(b) in paragraph (1)(b) for "£38.30" substitute "£39.35";

(c) in paragraph (1)(c) for "£15.15" substitute "£15.55";

(d) in paragraph (2)(a) for "£39.95" substitute "£41.05"; and

(e) in paragraph (2)(b) for "£15.15" substitute "£15.55".

Increase in rates of age addition to long-term incapacity benefit
     14. In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994[32] (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) - 

(a) in sub-paragraph (a) for "£15.15" substitute "£15.55"; and

(b) in sub-paragraph (b) for "£7.60" substitute "£7.80".

Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
     15. In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995[33] (rate of long-term incapacity benefit in transitional cases) - 

(a) in sub-paragraph (a) for "£15.15" substitute "£15.55";

(b) in sub-paragraph (b) for "£9.70" substitute "£10.00"; and

(c) in sub-paragraph (c) for "£4.85" substitute "£5.00".

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

    (3) The sums specified in Part I of Schedule 2[34] (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[35] (applicable amounts: family premium) - 

(a) in sub-paragraph (1)(a) for "£15.90" substitute "£15.95"; and

(b) in sub-paragraph (1)(b) for "£15.75" substitute "£15.95".

    (5) The sums specified in Part IV of Schedule 2[36] (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.

    (6) In paragraph 18 of Schedule 3[37] (housing costs: non-dependant deductions) - 

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

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

(c) in sub-paragraph (2)(a) for "£92.00" substitute "£97.00";

(d) in sub-paragraph (2)(b) - 


(i) for "£92.00" substitute "£97.00";

(ii) for "£137.00" substitute "£144.00";

(iii) "£17.00" remains unchanged;



(e) in sub-paragraph (2)(c) - 



(i) for "£137.00" substitute "£144.00";

(ii) for "£177.00" substitute "£186.00";

(iii) "£23.35" remains unchanged;



(f) in sub-paragraph (2)(d) - 



(i) for "£177.00" substitute "£186.00";

(ii) for "£235.00" substitute "£247.00";

(iii) "£38.20" remains unchanged; and



(g) in sub-paragraph (2)(e) - 



(i) for "£235.00" substitute "£247.00";

(ii) for "£293.00" substitute "£308.00";

(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; and

(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[38] (sums to be disregarded in the calculation of income other than earnings) for "£9.65" substitute "£9.80".

Income Support Transitional Protection
     17. It is hereby directed[39] that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987[40] (special transitional addition) shall be increased by 1.8 per cent. of their amount apart from this Order.

The Relevant Sum for Income Support
     18. In section 126(7) of the Contributions and Benefits Act[41] (trade disputes: the relevant sum) for "£29.50" substitute "£30.00".

Housing Benefit
     19.  - (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 the regulation of, or the 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)[42] (patients) - 

(a) in sub-paragraphs (a), (b) and (d)(ii) for "£19.35" substitute "£19.90" in each case;

(b) in sub-paragraphs (c)(i) and (d)(i) for "£15.50" substitute "£15.90" in each case; and

(c) in sub-paragraph (c)(ii) for "£38.70" substitute "£39.80".

    (4) In regulation 21(1A)[43] (calculation of income on a weekly basis) - 

(a) in sub-paragraph (a) for "£94.50" substitute "£135.00"; and

(b) in sub-paragraph (b) for "£140" substitute "£200".

    (5) In regulation 63[44] (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 "£92.00" substitute "£97.00";

(d) in paragraph (2)(b) - 


(i) for "£92.00" substitute "£97.00";

(ii) for "£137.00" substitute "£144.00";

(iii) "£17.00" remains unchanged;



(e) in paragraph (2)(c) - 



(i) for "£137.00" substitute "£144.00";

(ii) for "£177.00" substitute "£186.00";

(iii) "£23.35" remains unchanged;



(f) in paragraph (2)(d) - 



(i) for "£177.00" substitute "£186.00";

(ii) for "£235.00" substitute "£247.00";

(iii) "£38.20" remains unchanged; and



(g) in paragraph (2)(e) - 



(i) for "£235.00" substitute "£247.00";

(ii) for "£293.00" substitute "£308.00";

(iii) "£43.50" remains unchanged.

    (6) In paragraph 1A of Part I of Schedule 1[45] (ineligible service charges), for "£19.50", "£19.50", "£9.85", "£12.95", "£12.95", "£6.55" and "£2.40" substitute "£19.85", "£19.85", "£10.05", "£13.20", "£13.20", "£6.65" and "£2.45" respectively.

    (7) In paragraph 5 of Part II of Schedule 1[46] (payments in respect of fuel charges) - 

(a) in sub-paragraph (2)(a) for "£9.65" substitute "£9.80"; and

(b) in sub-paragraph (2)(b) and (d) for "£1.15" substitute "£1.20".

    (8) The sums specified in Part I of Schedule 2[47] (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.

    (9) In paragraph 3 of Part II of Schedule 2[48] (applicable amounts: family premium) - 

(a) in sub-paragraph (1)(a) "£22.20" remains unchanged;

(b) in sub-paragraph (1)(b) for "£15.75" substitute "£15.95"; and

(c) in sub-paragraph (1A)[49] for "£10.45" substitute "£10.50".

    (10) The sums specified in Part IV of Schedule 2[50] (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.

    (11) In paragraph 16(1) and (3)(c) of Schedule 3[51] (sums to be disregarded in the calculation of earnings) for "£11.90" substitute "£12.32".

    (12) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) - 

(a) in paragraph 20(b)[52] for "£9.65" substitute "£9.80"; and

(b) in paragraph 58[53] for "£11.90" substitute "£12.32".

Housing Benefit for certain persons over the qualifying age for State Pension Credit
     20.  - (1) This article applies to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003[54] ("the 2003 Regulations") applies and references in this article to the Housing Benefit Regulations are to the Housing Benefit Regulations as modified by the 2003 Regulations in their application to those persons.

    (2) 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 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 the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.

    (3) In regulation 16(3)(a)[55] (applicable amounts) "20 per cent." remains unchanged.

    (4) In regulation 26(3) (calculation of income on a weekly basis) - 

(a) in sub-paragraph (a) for "£94.50" substitute "£135.00"; and

(b) in sub-paragraph (b) for "£140" substitute "£200".

    (5) The sums specified in Part I of Schedule 2A (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.

    (6) In paragraph 3 of Part II of Schedule 2A (applicable amounts: family premium) - 

(a) in sub-paragraph (1) for "£15.75" substitute "£15.95"; and

(b) in sub-paragraph (2) for "£10.45" substitute "£10.50".

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

    (8) In paragraph 9(1) and (3)(c) of Schedule 3A[56] (sums disregarded from claimant's earnings) for "£11.90" substitute "£12.32".

    (9) In paragraph 21 of Schedule 4A[57] (amounts to be disregarded in the calculation of income other than earnings) for "£11.90" substitute "£12.32".

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 10 and 11 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 the regulation of, or the 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)[58] (patients) - 

(a) in sub-paragraphs (a), (b) and (d)(ii) for "£19.35" substitute "£19.90" in each case;

(b) in sub-paragraphs (c)(i) and (d)(i) for "£15.50" substitute "£15.90" in each case; and

(c) in sub-paragraph (c)(ii) for "£38.70" substitute "£39.80".

    (4) In regulation 13(1A)[59] (calculation of income on a weekly basis) - 

(a) in sub-paragraph (a) for "£94.50" substitute "£135.00"; and

(b) in sub-paragraph (b) for "£140" substitute "£200".

    (5) In regulation 52[60] (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 "£137.00" substitute "£144.00";

(d) in paragraph (2)(b) - 


(i) for "£137.00" substitute "£144.00";

(ii) for "£235.00" substitute "£247.00";

(iii) "£4.60" remains unchanged; and



(e) in paragraph (2)(c) - 



(i) for "£235.00" substitute "£247.00";

(ii) for "£293.00" substitute "£308.00";

(iii) "£5.80" remains unchanged.

    (6) The sums specified in Part I of Schedule 1[61] (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.

    (7) In paragraph 3 of Part II of Schedule 1[62] (applicable amounts: family premium) - 

(a) in sub-paragraph (1)(a) "£22.20" remains unchanged;

(b) in sub-paragraph (1)(b) for "£15.75" substitute "£15.95"; and

(c) in sub-paragraph (1A)[63] for "£10.45" substitute "£10.50".

    (8) The sums specified in Part IV of Schedule 1[64] (applicable amounts: premiums) shall be as set out in Schedule 11 to this Order.

    (9) In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) - 

(a) in sub-paragraph (2)(b)(i) for "£137.00" substitute "£144.00";

(b) in sub-paragraph (2)(b)(ii) for "£137.00" and "£177.00" substitute "£144.00" and "£186.00" respectively.

    (10) In paragraph 16(1) and (3)(c) of Schedule 3[65] (sums to be disregarded in the calculation of earnings) for "£11.90" substitute "£12.32".

    (11) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) - 

(a) in paragraph 20(b)[66] for "£9.65" substitute "£9.80"; and

(b) in paragraph 57[67] for "£11.90" substitute "£12.32".

Council Tax Benefit for certain persons over the qualifying age for State Pension Credit
     22.  - (1) This article applies to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 ("the 2003 Regulations") applies and references in this article to the Council Tax Benefit Regulations are to the Council Tax Benefit Regulations as modified by the 2003 Regulations in their application to those persons.

    (2) 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 12 and 13 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 the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.

    (3) In regulation 8(3)(a)[68] (applicable amounts) "20 per cent." remains unchanged.

    (4) In regulation 18(3) (calculation of income on a weekly basis) - 

(a) in sub-paragraph (a) for "£94.50" substitute "£135.00"; and

(b) in sub-paragraph (b) for "£140" substitute "£200".

    (5) The sums specified in Part I of Schedule 1A (applicable amounts: personal allowances) shall be as set out in Schedule 12 to this Order.

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

(a) in sub-paragraph (1) for "£15.75" substitute "£15.95"; and

(b) in sub-paragraph (2) for "£10.45" substitute "£10.50".

    (7) The sums specified in Part IV of Schedule 1A (amounts of premiums specified in Part III) shall be as set out in Schedule 13 to this Order.

    (8) In paragraph 9(1) and (3)(c) of Schedule 3A[69] (sums disregarded from claimant's earnings) for "£11.90" substitute "£12.32".

    (9) In paragraph 21 of Schedule 4A[70] (amounts to be disregarded in the calculation of income other than earnings) for "£11.90" substitute "£12.32".

Applicable amounts for Jobseeker's Allowance
     24.  - (1) The sums relevant to the calculation of an applicable amount as specified in the Jobseeker's Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 14 to 19 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 the regulation of, or the 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) 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[71] (applicable amounts: personal allowances) shall be as set out in Schedule 14 to this Order.

    (4) In paragraph 4 of Part II of Schedule 1[72] (applicable amounts: family premium) - 

(a) in sub-paragraph (1)(a) for "£15.90" substitute "£15.95"; and

(b) in sub-paragraph (1)(b) for "£15.75" substitute "£15.95".

    (5) The sums specified in Part IV of Schedule 1[73] (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 15 to this Order.

    (6) The sums specified in Part IVB of Schedule 1[74] (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 16 to this Order.

    (7) In paragraph 17 of Schedule 2[75] (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 "£92.00" substitute "£97.00";

(d) in sub-paragraph (2)(b) - 


(i) for "£92.00" substitute "£97.00";

(ii) for "£137.00" substitute "£144.00";

(iii) "£17.00" remains unchanged;



(e) in sub-paragraph (2)(c) - 



(i) for "£137.00" substitute "£144.00";

(ii) for "£177.00" substitute "£186.00";

(iii) "£23.35" remains unchanged;



(f) in sub-paragraph (2)(d) - 



(i) for "£177.00" substitute "£186.00";

(ii) for "£235.00" substitute "£247.00";

(iii) "£38.20" remains unchanged; and



(g) in sub-paragraph (2)(e) - 



(i) for "£235.00" substitute "£247.00";

(ii) for "£293.00" substitute "£308.00";

(iii) "£43.50" remains unchanged.

    (8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5[76] (applicable amounts in special cases) - 

(a) which are amended by this Order shall be as set out in Part I of Schedule 17 to this Order; and

(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[77] (applicable amounts of joint-claim couples in special cases) - 

(a) which are amended by this Order shall be as set out in Part I of Schedule 18 to this Order; and

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

    (10) In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for "£9.65" substitute "£9.80".

    (11) The sums specified in any provision of the Jobseeker's Allowance Regulations set out in column (1) of Schedule 19 to this Order are the sums set out in column (2) of that Schedule.

The Prescribed Sum for Jobseeker's Allowance
     25. In regulation 172 of the Jobseeker's Allowance Regulations[78] (trade disputes: prescribed sum) for "£29.50" substitute "£30.00".

(a) in paragraph (1)(a) for "£155.80" substitute "£160.95";

(b) in paragraph (1)(b) for "£102.10" substitute "£105.45";

(c) in paragraph (5)(a) for "£42.95" substitute "£44.15";

(d) in paragraph (5)(b) for "£85.90" substitute "£88.30"; and

(e) in paragraph (8) for "£25.10" substitute "£25.55".

    (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)[80] for "£77.45" and "£123.80" substitute "£79.60" and "£127.25" respectively.

    (4) In paragraph 14 of Schedule II[81] (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) for "£92.00" substitute "£97.00";

(d) in sub-paragraph (2)(b) for "£92.00" and "£137.00" substitute "£97.00" and "£144.00" respectively and "£17.00" remains unchanged;

(e) in sub-paragraph (2)(c) for "£137.00" and "£177.00" substitute "£144.00" and "£186.00" respectively and "£23.35" remains unchanged;

(f) in sub-paragraph (2)(d) for "£177.00" and "£235.00" substitute "£186.00" and "£247.00" respectively and "£38.20" remains unchanged; and

(g) in sub-paragraph (2)(e) for "£235.00" and "£293.00" substitute "£247.00" and "£308.00" respectively and "£43.50" remains unchanged.

    (5) In Schedule III - 

(a) in paragraph 1 (polygamous marriages) - 


(i) in sub-paragraph (5) for "£155.80" and "£53.70" substitute "£160.95" and "£55.50" respectively;

(ii) in sub-paragraph (7) for "£123.80" substitute "£127.25"; and



(b) in paragraph 2(2)(a)[82] (further provisions in the case of patients) "20 per cent." remains unchanged.

    (6) The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 20 to this Order are the amounts set out in column (2) of that Schedule.

[2] See section 189(8) of the Administration Act.back

[3] The functions of the Secretary of State under section 150, so far as relating to child benefit and guardian's allowance, were transferred to the Commissioners of Inland Revenue by section 50(1) of the Tax Credits Act 2002 (c. 21).back

[4] S.I. 1996/2745; the relevant amending instrument is S.I. 2002/842.back

[5] 1992 c. 4 ("the Contributions and Benefits Act").back

[6] S.I. 1992/1814; the relevant amending instruments are S.I. 1993/688 and 2118, 1994/1924, 1996/462, 1510, 1803, 2518 and 2545, 1998/776, 1999/2555, 2000/2239 and 2629 and 2002/2497.back

[7] S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444, 1989/416 and 1017, 1990/546 and 1775, 1992/50, 1993/2118, 1994/578, 1996/462, 1803, 2432, 2518 and 2545, 1997/65, 1998/766, 1999/2555, 2000/2239 and 2629 and 2002/2497.back

[8] S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1445 and 2022, 1989/1034 and 1990/547, 1168, 1776 and 2324, 1992/3147, 1993/2119, 1994/527, 1995/516, 1613 and 2927, 1996/206, 1803, 2431, 2518 and 2545, 1998/563 and 766, 1999/2422, 2555 and 3109, 2000/636, 2239 and 2629, 2001/3651, 2002/2497 and 3019 and 2003/526, 1121, 1195 and 2693.back

[9] S.I. 1996/207; the relevant amending instruments are S.I. 1996/1516, 1517, 1803, 2518, 2538 and 2545, 1998/766, 1999/2555 and 2860, 2000/636, 1978, 2239 and 2629, 2001/518, 3651 and 3767 and 2003/1121 and 1195.back

[10] S.I. 2002/1792; the relevant amending instruments are S.I. 2002/3197 and 2003/2274.back

[11] Section 44(4) was substituted by section 68 of the Social Security Act 1998 (c. 14).back

[12] See section 151(1) of the Administration Act.back

[13] Schedule 5 was amended by paragraph 42 of Schedule 8 to the 1993 Act, paragraph 40 of Schedule 1 to the 1994 Act and paragraphs 6 and 21 of Schedule 4, and Schedule 7, to the Pensions Act 1995.back

[14] 1975 c. 14; section 126A was inserted by section 12 of the Social Security Act 1979 (c. 18) and repealed by section 86 of, and Schedule 11 to, the Social Security Act 1986 (c. 50).back

[15] Section 63 was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c. 6).back

[16] Section 55A was inserted by paragraph 3 of Schedule 6 to the 1999 Act.back

[17] Section 55C was inserted by paragraph 3 of Schedule 6 to the 1999 Act.back

[18] See section 151(2) of the Administration Act.back

[19] See section 151(4) of the Administration Act. Under section 151(4), where an increment under section 15(1) of the 1993 Act is increased by an order under section 109 of that Act, the increase that would otherwise fall to be made by this Order is reduced by the amount of the increase under section 109. Section 109 of the 1993 Act was amended by section 55 of the Pensions Act 1995.back

[20] Section 30B was inserted by section 2(1) of the 1994 Act and subsection (3) was amended by paragraph 21(3) of Schedule 4 to the Pensions Act 1995.back

[21] Child's special allowance was abolished except for existing beneficiaries as from 6th April 1987 (see section 56 of the Contributions and Benefits Act).back

[22] Section 47(1) was amended by paragraph 13 of Schedule 1 to the 1994 Act; section 48C was inserted by paragraph 3 of Schedule 4 to the Pensions Act 1995 and amended by paragraph 7 of Schedule 8 to the 1999 Act.back

[23] Section 73(1) was amended by paragraph 49(2) of Schedule 2 to the 1995 Act.back

[24] See sections 82(3)(a), 83(2)(b) and 84(2)(b) of the Contributions and Benefits Act, regulations 8 and 10(2) of, and paragraph 7 of Schedule 2 to, the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343) and regulation 10 of the Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945). Relevant amending instruments are S.I. 1984/1698 and 1699, 1988/554, 1989/523 and 1642, 1992/3041, 1994/2945 and 1996/1345 and 2745.back

[25] Section 80 was repealed by section 60 of, and Schedule 6 to, the Tax Credits Act 2002. Article 3 of S.I. 2003/938 saves the repealed provision in certain circumstances.back

[26] S.I. 1986/1960; relevant amending instruments are S.I. 2002/2690 and 2003/526.back

[27] S.I. 2002/2818.back

[28] Relevant amending instrument is S.I. 2003/526.back

[29] 1965 c. 51. Sections 36 and 37 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 3 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393), in the modified form set out in Schedule 1 to those Regulations; relevant amending instrument is S.I. 1989/1642. See also regulation 2 of those Regulations, which was substituted by S.I. 1995/2606.back

[30] Relevant amending instrument is S.I. 1989/1642.back

[31] S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939 and 2003/526.back

[32] S.I. 1994/2946; relevant amending instrument is S.I. 2003/526.back

[33] S.I. 1995/310; relevant amending instrument is S.I. 2003/526.back

[34] Relevant amending instrument is S.I. 1996/206.back

[35] Relevant amending instruments are S.I. 1996/1803, 1998/766 and 1999/2555.back

[36] Relevant amending instruments are S.I. 1996/1803, 2000/2239 and 2003/526.back

[37] Schedule 3 was substituted by S.I. 1995/1613; relevant amending instruments are S.I. 1995/2927, 1996/2518 and 1999/3178.back

[38] Relevant amending instruments are S.I. 1994/527 and 1995/516.back

[39] See section 151(6) of the Administration Act.back

[40] S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626 and 1991/1600.back

[41] See section 126(8) of the Contributions and Benefits Act.back

[42] Relevant amending instruments are S.I. 1996/1803 and 2432.back

[43] Paragraph (1A) was inserted by S.I. 1997/2793 and amended by S.I. 2001/1864.back

[44] Relevant amending instruments are S.I. 1990/546, 1992/50 and 1996/2518.back

[45] Paragraph 1A was inserted by S.I. 1988/1444 and amended by S.I. 1989/416 and 1997/65.back

[46] Relevant amending instrument is S.I. 1988/1444.back

[47] Relevant amending instruments are S.I. 1996/2545 and 1999/2555.back

[48] Relevant amending instruments are S.I. 1996/1803 and 1998/766.back

[49] Paragraph 3(1A) was inserted by S.I. 2002/2402.back

[50] Relevant amending instruments are S.I. 1996/1803 and 2000/2239.back

[51] Paragraph 16 was substituted by S.I. 2002/2402 and amended by S.I. 2003/770.back

[52] Relevant amending instrument is S.I. 1994/578.back

[53] Paragraph 58 was substituted by S.I. 1996/462 and amended by S.I. 2002/2402 and 2003/770.back

[54] S.I. 2003/325.back

[55] Relevant amending instruments are S.I. 2003/1195 and 2275.back

[56] Relevant amending instrument is S.I. 2003/2275.back

[57] Relevant amending instrument is S.I. 2003/2275.back

[58] Relevant amending instruments are S.I. 1993/688 and 1996/1803.back

[59] Paragraph (1A) was inserted by S.I. 1997/2793 and amended by S.I. 2001/1864.back

[60] Relevant amending instruments are S.I. 1996/2518 and 2003/526.back

[61] Relevant amending instrument is S.I. 1999/2555.back

[62] Relevant amending instruments are S.I. 1996/1803 and 1998/766.back

[63] Paragraph 3(1A) was inserted by S.I. 2002/2402.back

[64] Relevant amending instruments are S.I. 1996/1803 and 2000/2239.back

[65] Paragraph 16 was substituted by S.I. 2002/2402 and amended by S.I. 2003/770.back

[66] Relevant amending instrument is S.I. 1994/578.back

[67] Paragraph 57 was substituted by S.I. 1996/462 and amended by S.I. 2002/2402 and 2003/770.back

[68] Relevant amending instruments are S.I. 2003/1195 and 2275.back

[69] Relevant amending instrument is S.I. 2003/2275.back

[70] Relevant amending instrument is S.I. 2003/2275.back

[71] Relevant amending instruments are S.I. 1996/1516 and 2545, 1999/2555, 2000/1978 and 2001/3767.back

[72] Relevant amending instruments are S.I. 1996/1803 and 1998/766.back

[73] Relevant amending instruments are S.I. 1996/1516 and 1803 and 2000/2239 and 2629.back

[74] Part IVB was inserted by S.I. 2000/1978.back

[75] Relevant amending instruments are S.I. 1996/2518 and 1999/2860.back

[76] Relevant amending instruments are S.I. 1996/1516, 1803 and 2538 and 2001/3767.back

[77] Schedule 5A was inserted by S.I. 2000/1978.back

[78] See section 15(6) of the 1995 Act.back

[79] Relevant amending instrument is S.I. 2002/3197.back

[80] Relevant amending instrument is S.I. 2002/3197.back

[81] Relevant amending instrument is S.I. 2003/2274.back

[82] Relevant amending instrument is S.I. 2003/1195.back

[83] S.I. 2003/526.back

[84] Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the 1995 Act. Paragraph 2 was substituted, and paragraph 2A was inserted, by section 2(2) of the 1994 Act; paragraph 3 was repealed by section 11(2) of, and Schedule 2 to, that Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995.back

[85] Part II was substituted by section 54(2) of the 1999 Act.back

[86] Relevant amending instrument is S.I. 2002/1457.back

[87] The entries relating to widowed mother's allowance, widowed parent's allowance and child's special allowance in column (1) and the increases for a qualifying child in column (2) were repealed by section 60 of, and Schedule 6 to, the Tax Credits Act 2002. Articles 3 and 4 of S.I. 2003/938 save the repealed provisions in certain circumstances.back

[88] Paragraph 1 was repealed by section 41(5) of, and Schedule 3 to, the 1995 Act. Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the 1994 Act.back

[89] Paragraph 4A was inserted by paragraph 14 of Schedule 8 to the 1999 Act.back

[90] Widow's pension is payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act). The initial rate relates only to the period of 26 weeks following the date of the deceased's death (paragraph 16(1) of that Schedule). The rate stated is therefore the rate applicable for the 26 weeks following 10th April 1988.back

[91] Sub-paragraphs (1) and (2) were substituted by S.I. 1990/1168 and amended by S.I. 1996/206.back

[92] Sub-paragraph (3) was substituted by S.I. 1996/206.back

[93] Relevant amending instruments are S.I. 1996/2545, 1999/2555 and 2002/2019.back

[94] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back

[95] Sub-paragraphs (2), (2A) and (3) were substituted by S.I. 2002/3019.back

[96] Relevant amending instrument is S.I. 2002/2497.back

[97] Sub-paragraph (7) was added by S.I. 1990/1776.back

[98] Sub-paragraph (8) was added by S.I. 2000/2629.back

[99] Relevant amending instruments are S.I. 1988/1445 and 2022, 1990/547, 1996/1803 and 2003/1195.back

[100] S.I. 1987/1968.back

[101] Paragraph 2A was inserted by S.I. 1990/547; relevant amending instrument is S.I. 1998/563.back

[102] 1983 c. 20.back

[103] 1984 c. 36.back

[104] 1995 c. 46.back

[105] Relevant amending instrument is S.I. 1988/1445.back

[106] Relevant amending instrument is S.I. 2000/636.back

[107] Regulation 22A was inserted by S.I. 1996/206 and paragraph (1) was amended by S.I. 1999/2422 and 3109.back

[108] Relevant amending instruments are S.I. 1988/663, 1992/3147, 1993/2119, 1994/527 and 1996/206.back

[109] Schedule 3 was substituted by S.I. 1995/1613.back

[110] Relevant amending instrument is S.I. 1995/2927.back

[111] Relevant amending instrument is S.I. 2001/3651.back

[112] Paragraph 11(11) was inserted by S.I. 1995/2927.back

[113] Relevant amending instrument is S.I. 2003/2693.back

[114] Paragraph (a) was omitted by S.I. 1989/1017.back

[115] Relevant amending instrument is S.I. 1996/2545.back

[116] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back

[117] Sub-paragraphs (2) and (2A) were substituted by S.I. 1989/416.back

[118] Relevant amending instrument is S.I. 1996/462.back

[119] Relevant amending instrument is S.I. 2002/2497.back

[120] Sub-paragraph (7) was added by S.I. 1990/1775.back

[121] Sub-paragraph (9) was added by S.I. 2000/2629.back

[122] Relevant amending instruments are S.I. 1996/2545, 1999/2555 and 2002/2019.back

[123] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back

[124] Relevant amending instrument is S.I. 1996/462.back

[125] Relevant amending instrument is S.I. 2002/2497.back

[126] Sub-paragraph (9) was added by S.I. 2000/2629.back

[127] Relevant amending instruments are S.I. 1996/1516 and 2000/1978.back

[128] Relevant amending instruments are S.I. 1996/2545 and 1999/2555.back

[129] Sub-paragraph (1A) was inserted by S.I. 2000/2239.back

[130] Sub-paragraph (9) was added by S.I. 2000/2629.back

[131] Part IVB was inserted by S.I. 2000/1978.back

[132] Relevant amending instrument is S.I. 2001/518.back

[133] Sub-paragraph (6) was added by S.I. 2000/2629.back

[134] Relevant amending instruments are S.I. 1996/1516, 2001/3767 and 2003/1121 and 1195.back

[135] Relevant amending instrument is S.I. 2000/636.back

[136] Schedule 5A was inserted by S.I. 2000/1978.back

[137] Relevant amending instruments are S.I. 2003/1121 and 1195.back

[138] Relevant amending instrument is S.I. 1996/1516.back

[139] Regulation 146G was inserted by S.I. 2000/1978.back

[140] Regulation 148A was inserted by S.I. 2000/1978.back

[141] Relevant amending instrument is S.I. 2001/3651.back

[142] Relevant amending instrument is S.I. 1996/1517.back

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