The Social Security Benefits Up-rating Order (Northern Ireland) 1991

Made: 11th March 1991

Coming into operation in accordance with Article 1(1)

Now, therefore, the Department of Health and Social Services, in exercise of the powers conferred on it by Article 64 of the Social Security (Northern Ireland) Order 1986[^f00003] and of all other powers enabling it in that behalf, hereby makes the following order:

Part I

Citation and commencement

1

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• (1) This order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 1991 and shall come into operation for the purposes of—

• (a) Articles 1, 2 and 18 on 1st April 1991;

• (b) Article 9 on 6th April 1991;

• (c) Article 10 on 7th April 1991;

• (d) Articles 3 to 8 and 11 on 8th April 1991;

• (e) Articles 12 and 13 on 9th April 1991;

• (f) Articles 14, 15 and 16, 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 8th April 1991, and for the purposes of this sub-paragraph and sub-paragraph (g) “benefit week” has the same meaning as in the Income Support Regulations;

• (g) Article 17(e), 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 8th April 1991;

• (h) except in a case to which sub-paragraph (g) applies, Article 17 on 1st April 1991.

• (2) The increases made by this order in the sums specified for rates or amounts of benefit under the principal Act or the Pensions Order shall take effect for each case on the date specified in relation to that case in Article 5.

Interpretation

2

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• (1) In this Order—

• “the Order” means the Social Security (Northern Ireland) Order 1986;

• “the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987[^f00004];

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00005];

• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00006].

• (2) Any reference in this order to a numbered section is a reference to the section of the principal Act bearing that number.

PART II — SOCIAL SECURITY BENEFITS

Increase in rates or amounts of certain benefits under the principal Act

3

—

• (1) In this Article “Schedule 4” means Schedule 4 to the principal Act[^f00007].

• (2) The sums specified in paragraph (3) shall be increased from and including the respective dates specified in Article 5; and Schedule 4 shall accordingly have effect as set out in Schedule 1.

• (3) The sums mentioned in paragraph (2) are the sums specified in Parts I, III, IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rate or amount of industrial injuries benefit, respectively), except the sum specified in the said Part III for age addition.

• (4) The sums falling to be calculated under section 59B(5)[^f00008] (calculation of weekly rate of retirement allowance) shall be increased from a date specified in Article 5 by 10.9 per cent. of their amount apart from this order.

Increase in rates or amounts of certain benefits under the Pensions Order

4

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• (1) The sums specified in paragraphs (2) and (3) shall be increased from and including the respective dates specified in Article 5.

• (2) In Article 8(1)(a) of the Pensions Order (basic pension of Category A retirement pension)—

• (a) so far as the sum is relevant for the purpose of calculating under section 14(6)[^f00009] the rate of sickness benefit, for the sum of £45.00[^f00010] there shall be substituted the sum of £49.90; and

• (b) except so far as mentioned in sub-paragraph (a), for the sum of £46.90[^f00010] there shall be substituted the sum of £52.00.

• (3) 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 1990/1991;

• (b) the increases in the rates of retirement pensions under Schedule 1 to the Pensions Order (increase of pension where pensioner’s entitlement 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[^f00011] or Article 64 of the Order, corresponding to an order made by the Secretary of State under section 126A of the Social Security Act 1975[^f00012] or section 63 of the Social Security Act 1986 respectively

shall in each case be increased by 10.9 per cent. of their amount apart from this order.

• (4) Sums which are payable by virtue of Article 37(6) of the Pensions Order[^f00013] (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 Article 38(3) of that Order[^f00014], shall be increased by 7.9 per cent. of their amount apart from this order[^f00015].

Dates on which sums specified for rates or amounts of benefit under the principal Act or the Pensions Order are increased by this order

5

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• (1) Paragraphs (2) to (8), which are subject to the provisions of paragraph (9), specify the date on which the increases made by this order in the sums specified for rates or amounts of benefit under the principal Act or the Pensions Order shall take effect for each case.

• (2) In relation to 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, sickness benefit or invalidity pension falls to be calculated in accordance with section 14(6) or 15(4)[^f00016], the increases in the sums mentioned in Articles 3, 4 and 7 for Category A and Category B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 11th April 1991 and in relation to all other cases the increases in such sums shall take effect on 8th April 1991

• (3) The increases in the sums mentioned in Article 4(3)(c) and (4) shall take effect on 8th April 1991.

• (4) The increases in the sums specified for the rate of maternity allowance[^f00017], widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance[^f00018], 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, where appropriate, increases for dependants), and guardian’s allowance shall take effect in all cases on 8th April 1991.

• (5) The increases in the sums specified for the rate of mobility allowance[^f00019], 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 section 57(5)[^f00020], 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 maximum, under section 91(1)[^f00021], of the aggregate of weekly benefit payable for successive accidents, shall take effect in all cases from and including 10th April 1991.

• (6) Where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 28(7)[^f00022] or 29(8)[^f00023], by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 8th April 1991; and where it does not fall to be so increased the sum so specified shall take effect on 11th April 1991.

• (7) The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance[^f00024] (together with, where appropriate, increases for dependants) shall take effect in all cases on 11th April 1991.

• (8) The increase in the sums falling to be calculated in accordance with section 59B(5) shall take effect on 10th April 1991.

• (9) In the case of a person who is subject to the provisions of regulations made under section 85(1)(b)[^f00025] (adjustment of benefit for a person undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in Article 4(2)(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.

Increase in rate of benefit under the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975

6

With effect from and including 10th April 1991 in section 2(6)(c) of the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975[^f00026] (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) for the sum of £28.20 there shall be substituted the sum of £32.25.

Increase in rate of graduated retirement benefit and increments thereof

7

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• (1) The sum of 6.14 pence referred to in section 35(1) of the National Insurance Act (Northern Ireland) 1966[^f00027] (graduated retirement benefit) shall be increased by 10.9 per cent.; and accordingly, from and including 8th April 1991 the reference in that provision to that sum shall have effect as a reference to 6.81 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[^f00028] (increases for deferred entitlement to a Category A or Category B retirement pension) shall be increased by 10.9 per cent. of their amount apart from this order.

Sum specified for child benefit

8

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

• (a) in paragraph (1), the sum specified is £7.25; and

• (b) in paragraph (2), the sum specified is £5.60.

Statutory sick pay

9

In Article 9(1) of the Social Security (Northern Ireland) Order 1982[^f00030] (relationship between rates of statutory sick pay and employee’s normal weekly earnings) the sums specified in paragraph (a) are £52.50 and £125.00 respectively and the sum specified in paragraph (b) is £39.25.

Statutory maternity pay

10

In regulations 6 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987[^f00031] (lower rate of statutory maternity pay) for the sum of £39.25 there shall be substituted the sum of £44.50

Earnings limits

11

The sums specified in section 41(2B)[^f00032] (earnings limits in respect of child dependency increases) shall be increased from £100, £13 and £100 to £110, £14 and £110 respectively.

Part III — Family Credit, Income Support and Housing Benefit

Family credit

12

In the Family Credit Regulations—

• (a) in regulation 46(4) (determination of appropriate maximum family credit) the capital sum prescribed is £3,000;

• (b) in regulation 46(4), (5) and (6) the amount specified for the credit in respect of a child or young person is nil;

• (c) in regulation 47(1) (applicable amount of family credit) for the sum of £57.60 there shall be substituted the sum of £62.25; and

• (d) in paragraph 19(b) of Schedule 2 (sums to be disregarded in the calculation of income other than earnings) for the sum of £7.35 there shall be substituted the sum of 8.05.

Sums prescribed for the purpose of family credit

13

The sums prescribed in Schedule 4 to the Family Credit Regulations (determination of maximum family credit) shall be increased so as to have effect as set out in Schedule 2.

Applicable amounts for income support

14

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• (1) As from 8th April 1991 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 references 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), and in paragraph 14(a) of Part III of Schedule 2 and 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 accordingly that Part of Schedule 2 shall have effect as set out in Schedule 3 to this order.

• (4) In paragraph 3 of Part II of Schedule 2 (family premium) for the sum of £7.35 there shall be substituted the sum of £7.95.

• (5) The sums specified in Part IV of Schedule 2 (weekly amounts of premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 4 to this order.

• (6) In paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions) for the sums of £10.85 and £4.55 there shall be substituted the sums of £13.50 and £5.70 respectively.

• (7) In paragraph 11(2) of Schedule 3 for the sum of £56.05 there shall be substituted the sum of £62.15.

• (8) Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) shall be increased; and accordingly those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 5 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 5 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 accordingly those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this order.

• (11) Except as provided in paragraph (10), the sums specified in Schedule 7 are those set out in Part II of Schedule 6 to this order.

• (12) The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 7 to this order are the sums set out in column (2) of that Schedule.

• (13) In paragraph 19 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in sub-paragraph (b) for the sum of £7.35 there shall be substituted the sum of £8.05.

Income support transitional protection

15

Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations (Northern Ireland) 1987[^f00033] shall be increased by 8.1 per cent. of their amount apart from this order.

The relevant sum for income support

16

In Article 24(5)(b) of the Order[^f00034] (trade disputes: the relevant sum) the substituted sum is £21.00.

Housing benefit

17

In the Housing Benefit Regulations, as from a date determined in accordance with Article 1—

• (a) in regulations 16(b) and 17(c) (applicable amounts), in so far as they relate to rent the sum specified in each regulation is £3,000;

• (b) in regulation 63(1) (non-dependant deductions) for the sums of £10.85 and £4.55 there shall be substituted the sums of £13.50 and £5.70 respectively;

• (c) in regulation 63(2) for the sum of £56.05 there shall be substituted the sum of £62.15;

• (d) in paragraph 1A of Part I of Schedule 1 (ineligible service charges) for the sums of £13.15, £13.15, £6.60, £8.75, £8.75, £4.35 and £1.60 there shall be substituted the sums of £14.20, £14.20, £7.15, £9.45, £9.45, £4.70 and £1.75 respectively; and

• (e) in paragraph 5(2) of Part II of Schedule 1 for the sums of £7.35, £0.90, £0.60 and £0.90 there shall be substituted the sums of £8.05, £1.00, £0.65 and £1.00 respectively.

Part IV — Revocations

Revocations

18

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• (1) The following provisions are hereby revoked—

• (a) the whole of the Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 1987[^f00035], in so far as not previously revoked; and

• (b) Articles 13 and 14 of, and Schedule 2 to, the Social Security Benefits Up-rating Order (Northern Ireland) 1989[^f00036].

• (2) Articles 3 to 11 and 14 to 17 of, and Schedules 1 and 3 to 7 to, the Social Security Benefits Up-rating Order (Northern Ireland) 1990[^f00037] are hereby revoked in relation to any particular case on the day immediately preceding the day on which the rates or amounts of benefit specified in relation to that benefit in this order take effect in relation to that case.

SCHEDULE 1 — Schedule 4 to the principal Act as amended by this order

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

SCHEDULE 3 — Part I of Schedule 2 to the Income Support Regulations as amended by this order

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

Schedule 5 — Applicable Amounts of Persons in Homes for Persons in Need and Nursing Homes

Part 1 — Provisions in Schedule 4 to the Income Support Regulations as amended by this order

Homes for persons in need

6

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• (1) Subject to sub-paragraph (2) and paragraph 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) age and infirmity, the appropriate amount shall be £160.00 per week;

• (b) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £170.00 per week;

• (c) past or present drug or alcohol dependence, the appropriate amount shall be £170.00 per week;

• (d) mental handicap, the appropriate amount shall be £195.00 per week;

• (e) physical disablement, the appropriate amount shall be—

• (i) in the case of a person to whom paragraph 8 applies, £230.00 per week, or