The Social Security Benefits Up-rating Order (Northern Ireland) 1998

Made: 2nd March 1998

Coming into operation in accordance with Article 1(1)

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Part I — Introduction

Citation and commencement

1

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Interpretation

2

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Part II — Social Security Benefits and Pensions

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

3

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

4

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Rates or amounts of certain benefits under the Pension Schemes Act

5

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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

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Workmen’s compensation

7

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Earnings limits

8

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Statutory sick pay

9

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Statutory maternity pay

10

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Graduated retirement benefit

11

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Disability living allowance

12

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Child benefit

13

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Age addition to long-term incapacity benefit

14

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Transitional invalidity allowance in long-term incapacity benefit cases

15

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Part III

Family credit

16

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Disability working allowance

17

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Applicable amounts for income support

18

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Income support transitional protection

19

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Relevant sum for income support

20

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Housing benefit

21

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Part IV — Jobseeker’s Allowance

Age-related amounts of contribution-based jobseeker’s allowance

22

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Applicable amounts for jobseeker’s allowance

23

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Prescribed sum for jobseeker’s allowance

24

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Part V — Transitional Provisions and Revocations

Transitional provisions

25

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Revocations

26

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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

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Nursing homes

7

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Personal allowances

12

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

Paragraph in Schedule 4	Paragraph in Schedule 4	Specified Sum
2(2)(b)(i)2(2)(b)(ii)2(2)(b)(iii)	}increases for meals	daily £1·10daily £1·55daily £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—

• (a) a single claimant;

1

• (a) £16·20 plus any amount applicable under regulation 17(1)(e), (f) or (g);

2

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

• (a) the following conditions are satisfied—

• (i) a person has been appointed to act for him under regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00057] (persons unable to act),

• (ii) his income support is payable to an administrative officer of the hospital or other institution either as or at the request of the person so appointed, and

• (iii) a registered medical practitioner treating him certifies that all or part of his income support cannot be used by him or on his behalf; or

2

• (a) Such amount (if any) not exceeding £12·95 as is reasonable having regard to the views of the hospital staff and the patient’s relatives if available as to the amount necessary for his personal use; or

2A

A single claimant who is detained under the provisions of the Mental Health (Northern Ireland) Order 1986[^f00059] and who immediately before his detention under that Order was a prisoner.

2A

£12·95.

3

Subject to paragraph 16—

• (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

3

• (a) The amount applicable to him under regulation 17(1) or 18 except that the amount applicable under regulation 17(1)(b) or 18(1)(c) in respect of the child or young person referred to in column (1) of this paragraph shall be £12·95 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

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

£64·70 of which £14·45 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

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• (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, £64·70 of which £14·45 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

£64·70 of which £14·45 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—

• (a) a single claimant;

13

—

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

• (a) £64·70 of which £14·45 is for personal expenses;

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—

• (a) he or any member of his family has been a patient for a period of 6 weeks or less and the claimant—

• (i) continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient,

16

• (a)

• (i) The amount which would be applicable under regulation 19 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 19 applies,

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)[^f00065]	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)	90 per cent. of the applicable amount.
Schedule 3[^f00066], paragraph 6(1)(b)	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)	7·97 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

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Nursing homes

6

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Personal allowances

10

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

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

• (a) a member of a couple and the other member is the claimant, or

1

• (a) The applicable amount for a couple under regulation 83 reduced by £12·95;

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 £12·95 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

£64·70 of which £14·45 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 £64·70 of which £14·45 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

£64·70 of which £14·45 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—

• (a) a single claimant;

15

—

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

• (a) £64·70 of which £14·45 is for personal expenses;

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—

• (a) he has been a patient for not more than 2 weeks or any member of his family has been a patient for not more than 6 weeks and the claimant—

• (i) continues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself or that member of his family who is a patient;

17

• (a)

• (i) The amount which would be applicable under regulation 86 as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86 applies;

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 — 2nd March 1998.

Explanatory note

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Footnotes

[^f00001]: S.I. 1998/470

[^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. 1997 No. 3

[^f00005]: S.R. 1997 No. 354

[^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. 1993 Nos. 149 and 373, S.R. 1994 No. 77, S.R. 1995 Nos. 301 and 434, S.R. 1996 Nos. 199, 288, 449 and 476 and S.R. 1997 Nos. 3, 113, 354 and 476

[^f00010]: S.R. 1996 No. 198; relevant amending regulations are S.R. 1996 Nos. 288, 356, 358 and 476 and S.R. 1997 Nos. 3, 113, 130 and 354

[^f00011]: S.R. 1996 No. 476, amended by S.R. 1997 No. 152

[^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. 1997 No. 113

[^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. See also the Guaranteed Minimum Pensions Increase Order (Northern Ireland) 1998 (S.R. 1998 No. 52)

[^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]: S.R. 1987 No. 30; relevant amending provision is S.R. 1997 No. 113

[^f00023]: 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

[^f00024]: S.R. 1978 No. 105; relevant amending regulations are S.R. 1989 No. 373

[^f00025]: S.R. 1992 No. 32; relevant amending provisions are S.R. 1993 No. 340 and S.R. 1997 No. 113

[^f00026]: S.R. 1976 No. 223; relevant amending provisions are S.R. 1977 No. 248, S.R. 1991 No. 82, S.R. 1996 No. 288 and S.R. 1997 No. 113

[^f00027]: S.R. 1994 No. 461; relevant amending provision is S.R. 1997 No. 113

[^f00028]: S.R. 1995 No. 35; relevant amending provision is S.R. 1997 No. 113

[^f00029]: S.R. 1987 No. 463; relevant amending provisions are S.R. 1992 No. 403, S.R. 1993 No. 373, S.R. 1995 No. 223, S.R. 1996 No. 476 and S.R. 1997 Nos. 113 and 152

[^f00030]: S.R. 1992 No. 78; relevant amending provisions are S.R. 1993 No. 373, S.R. 1995 Nos. 67 and 223, S.R. 1996 No. 476 and S.R. 1997 Nos. 113 and 152

[^f00031]: Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318 and regulation 5(4)(a) of S.R. 1996 No. 288

[^f00032]: Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18 was amended by regulation 2(3)(j)(iii) of S.R. 1995 No. 434 and regulation 3 of S.R. 1997 No. 3

[^f00033]: 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

[^f00034]: 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. 1996 No. 448 and S.R. 1997 Nos. 3, 22 and 113

[^f00036]: Paragraph 1A was inserted by regulation 7(b) of S.R. 1988 No. 314 and sub-paragraphs (2) and (3) were amended by regulation 14 of S.R. 1997 No. 22

[^f00037]: Paragraph 4 was amended by regulation 9(4)(a) of S.R. 1996 No. 288

[^f00038]: S.R. 1997 No. 113

[^f00042]: Paragraph 1A was inserted and paragraph 2 substituted by Article 4(5) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00057]: S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7

[^f00059]: S.I. 1986/595 (N.I. 4)

[^f00065]: Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199

[^f00066]: 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. 1997 No. 476

Editorial notes

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