SOCIAL SECURITY PART I INTRODUCTION Citation and commencement 1 1 This Order may be cited as the Social Security Benefits Up-rating Order 1995. 2 This Order shall come into force for the purposes of— a articles 1, 2, 22 and 24 on 1st April 1995; b article 9 on 6th April 1995; c article 10 on 2nd April 1995; d articles 3 to 8, 11, 12, and 13 on 10th April 1995; e articles 14 and 15 on 13th April 1995 immediately after the coming into force of, respectively, the Social Security (Incapacity Benefit) Regulations 1994 and the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 ; f articles 16, 17 and 23 on 11th April 1995; g articles 18, 19 and 20, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 1995, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ; h article 21(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 10th April 1995; i except in a case to which sub-paragraph (h) applies, article 21, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 3rd April 1995, and in relation to any other case, on 1st April 1995. 3 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 on the date specified in relation to that case in article 6 of the Order. Interpretation 2 In this Order, unless the context otherwise requires— “the Administration Act ” means the Social Security Administration Act 1992 ; “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ; “the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ; “the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ; “the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ; “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; “the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and “the Pension Schemes Act” means the Pension Schemes Act 1993 . PART II SOCIAL SECURITY BENEFITS AND PENSIONS Increase in rates or amounts of certain benefits under the Contributions and Benefits Act 3 1 The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order. 2 The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79. Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act 4 1 The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below. 2 The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 2.2 per cent. of their amount apart from this Order. 3 In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension)— a for the sum of £55.25 there shall be substituted the sum of £56.45; and b for the sum of £57.60 there shall be substituted the sum of £58.85. 4 It is hereby directed that the sums which are— a the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1994/95; b the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); and c payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 or section 63 of the Social Security Act 1986 , shall in each case be increased by 2.2 per cent. of their amount apart from this Order. Increase in rates or amounts of certain benefits under the Pension Schemes Act 5 1 The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below. 2 Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3)), shall be increased by 2.2 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 . 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) of this article, which are subject to the provisions of paragraph (10) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case. 2 Subject to paragraph (3) below, the increases in the sums specified in articles 3, 4 and 11 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 10th April 1995. 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 unemployment benefit or short-term incapacity benefit falls to be calculated in accordance with sections 25(5) or 30B(3) of the Contributions and Benefits Act, 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 13th April 1995. 4 The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 10th April 1995. 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 , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 10th April 1995. 6 The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 12th April 1995. 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 50(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance to which he was previously entitled the increase in the sum specified in paragraph 3 of Part I of Schedule 4 to the Contributions and Benefits Act for the appropriate rate of invalidity allowance shall take effect on 10th April 1995. 8 The increases in the sums specified for the rate of unemployment benefit, incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependents) shall take effect in all cases on 13th April 1995. 9 The increase 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 12th April 1995. 10 In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (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. Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948 7 In Schedule 8 to the Contributions and Benefits Act the sum of £34.50 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 12th April 1995 for that sum in paragraph 2(6)(c), and from and including 13th April 1995 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £35.25. Earnings Limits 8 In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £125 and the sums specified in paragraph (b) are £16 and £125 respectively. Statutory Sick Pay 9 In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) the sum specified is £52.50. Statutory Maternity Pay 10 In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) the sum specified is £52.50. Increase in rate of graduated retirement benefit and increments thereof 11 1 In the National Insurance Act 1965 the sum of 7.48 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 2.2 per cent.; and from and including 10th April 1995 the reference in that provision to that sum shall have effect as a reference to 7.64 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 (increases for deferred retirement) shall be increased by 2.2 per cent. of their amount apart from this Order. Increase in rates of Disability Living Allowance 12 In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit)— a in sub-paragraph (a) of paragraph (1), for the sum of £45.70 there shall be substituted the sum of £46.70; b in sub-paragraph (b) of paragraph (1), for the sum of £30.55 there shall be substituted the sum of £31.20; c in sub-paragraph (c) of paragraph (1), for the sum of £12.15 there shall be substituted the sum of £12.40; d in sub-paragraph (a) of paragraph (2), for the sum of £31.95 there shall be substituted the sum of £32.65; and e in sub-paragraph (b) of paragraph (2), for the sum of £12.15 there shall be substituted the sum of £12.40. Sum specified for child benefit 13 In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit)— a in sub-paragraph (a) of paragraph (1), for the sum of £10.20 there shall be substituted the sum of £10.40; b in sub-paragraph (b) of paragraph (1), for the sum of £8.25 there shall be substituted the sum of £8.45; and c in paragraph (2), for the sum of £6.15 there shall be substituted the sum of £6.30. Increase in rates of age addition to long-term incapacity benefit 14 In the Social Security (Incapacity Benefit) Regulations 1994 , in paragraph (2) of regulation 10— a in sub-paragraph (a), for the sum of £12.15 there shall be substituted the sum of £12.40; and b in sub-paragraph (b), for the sum of £6.10 there shall be substituted the sum of £6.20. Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases 15 In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in paragraph (2) of regulation 18— a in sub-paragraph (a), for the sum of £12.15 there shall be substituted the sum of £12.40; b in sub-paragraph (b), for the sum of £7.60 there shall be substituted the sum of £7.80; and c in sub-paragraph (c), for the sum of £3.80 there shall be substituted the sum of £3.90. PART III FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT Family Credit 16 In the Family Credit Regulations— a in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000; b in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL; c in regulation 47 (applicable amount), for the sum of £71.70 there shall be substituted the sum of £73.00; d in paragraph 19(b) of Schedule 2 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20; and e in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order. Disability Working Allowance 17 In the Disability Working Allowance Regulations— a in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000; b in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL; c in regulation 52(1) (applicable amount)— i in sub-paragraph (a), for the sum of £43.00 there shall be substituted the sum of £54.75; ii in sub-paragraph (b), for the sum of £71.70 there shall be substituted the sum of £73.00; and d in paragraph 19(b) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20; and e in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this Order. Applicable amounts for Income Support 18 1 As from 10th April 1995 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 the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules 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 The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and those paragraphs in that Part of Schedule 2 where such a sum is specified shall have effect as set out in Schedule 4 to this Order. 4 In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.05 there shall be substituted the sum of £10.25. 5 The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 5 to this Order. 6 In paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions)— a in sub-paragraph (a) for the sum of £25.00, there shall be substituted the sum of £30.00; and b in sub-paragraph (b) the sum specified is £5.00. 7 In paragraph 11(2) of Schedule 3 (non-dependant deductions)— a in sub-paragraph (i) for the sum of £72.00 there shall be substituted the sum of £74.00; b in sub-paragraph (ii) for the sums £72.00, £108.00 and £9.00 there shall be substituted the sums £74.00, £111.00 and £10.00 respectively; and c in sub-paragraph (iii) for the sums £108.00, £139.00 and £13.00 there shall be substituted the sums £111.00, £145.00 and £14.00 respectively. 8 In paragraph 6(2) of Schedule 4, for the sum of £224.00 there shall be substituted the sum of £227.00 and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order. 9 Except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of 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 increased; and those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this Order. 11 Except as provided in paragraph (10) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order. 12 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. 13 In paragraph 19(b) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20. 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 1987 shall be increased by 1.8 per cent. of the amount apart from this Order. The Relevant Sum for Income Support 20 In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £25.00. Applicable amounts for Housing Benefit 21 1 As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Housing Benefit Regulations bearing that number. 2 In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000. 3 In regulation 18(1) (patients)— a in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.40 there shall be substituted the sum of £14.70 in each case; b in sub-paragraphs (c)(i) and (d)(i), for the sum of £11.50 there shall be substituted the sum of £11.75 in each case; and c in sub-paragraph (c)(ii), for the sum of £28.80 there shall be substituted the sum of £29.40. 4 In regulation 63(1) (non-dependant deductions)— a in sub-paragraph (a) for the sum of £25.00, there shall be substituted the sum of £30.00; and b in sub-paragraph (b) the sum specified is £5.00. 5 In regulation 63(2) (non-dependant deductions)— a in sub-paragraph (a) for the sum of £72.00 there shall be substituted the sum of £74.00; and b in sub-paragraph (b) for the sums £72.00, £108.00 and £9.00 there shall be substituted the sums £74.00, £111.00 and £10.00 respectively; and c in sub-paragraph (c) for the sums £108.00, £139.00 and £13.00 there shall be substituted the sums £111.00, £145.00 and £14.00 respectively. 6 In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums £16.30, £16.30, £8.25, £10.80, £10.80, £5.45 and £1.95 there shall be substituted the sums £16.60, £16.60, £8.40, £11.00, £11.00, £5.55 and £2.00 respectively. 7 In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £9.20, £1.10, £0.75 and £1.10 respectively. 8 The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order. 9 In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.05 there shall be substituted the sum of £10.25. 10 The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order. 11 In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20. Applicable amounts for Council Tax Benefit 22 1 As from 1st April 1995 the sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Council Tax Benefit Regulations bearing that number. 2 In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000. 3 In regulation 10(1) (patients)— a in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.40 there shall be substituted the sum of £14.70 in each case; b in sub-paragraphs (c)(i), and (d)(i), for the sum of £11.50 there shall be substituted the sum of £11.75 in each case; and c in sub-paragraph (c)(ii), for the sum of £28.80 there shall be substituted the sum of £29.40. 4 In regulation 52 (non-dependant deductions)— a in paragraph (1)(a), the sum specified is £2.30; b in paragraph 1(b), the sum specified is £1.15; and c in paragraph (2), for the sum of £108.00 there shall be substituted the sum of £111.00. 5 The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order. 6 In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) for the sum of £10.05 there shall be substituted the sum of £10.25. 7 The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order. 8 In column 1 of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) for the sums £108.00, £108.00 and £139.00, there shall be substituted the sums £111.00, £111.00 and £145.00 respectively . 9 In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20. PART IV TRANSITIONAL PROVISIONS AND REVOCATIONS Transitional Provisions 23 Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 11th April 1995, the rate at which it is payable shall be the weekly rate in force for the period prior to 11th April 1995 until the end of the period of entitlement. Revocations 24 The Social Security Benefits Up-rating Order 1994 is hereby revoked. Signed by authority of the Secretary of State for Social Security. William Hague Minister of State, Department of Social Security 1st March 1995 We consent, Derek Conway Timothy Kirkhope Two of the Lords Commissioners of Her Majesty’s Treasury 6th March 1995