The Social Security Benefits Up-rating Order 1990

Made: 20th February 1990

Coming into force in accordance with article 1(2)

Now, therefore, the Secretary of State for Social Security, with the consent of the Treasury[^f00002], in exercise of the powers conferred upon him by section 63 of the Social Security Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Order:

PART I — INTRODUCTION

Citation and commencement

1

• (1) This Order may be cited as the Social Security Benefits Up-rating Order 1990.

• (2) This Order shall come into force for the purposes of–

• (a) articles 1, 2, 10, 18 and 19 on 1st April 1990;

• (b) article 9 on 6th April 1990;

• (c) articles 3, 4, 5, 6, 7, 8 and 11 on 9th April 1990;

• (d) articles 12 and 13 on 10th April 1990;

• (e) 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 9th April 1990, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;

• (f) article 17(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 9th April 1990;

• (g) except in a case to which sub-paragraph (f) applies, article 17, in relation to a case where rent is payable at intervals of a week or any multiple thereof, 2nd April 1990, and in relation to any other case, 1st April 1990.

• (3) The increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 5 of the Order.

Interpretation

2

In this Order, unless the context otherwise requires–

• “the 1975 Act” means the Social Security Act 1975[^f00003];

• “the 1986 Act” means the Social Security Act 1986;

• “the Pensions Act” means the Social Security Pensions Act 1975[^f00004];

• “the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989[^f00005];

• “the Family Credit Regulations” means the Family Credit (General) Regulations 1987[^f00006];

• “the Income Support Regulations” means the Income Support (General) Regulations 1987[^f00007]; and

• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987[^f00008].

PART II — SOCIAL SECURITY BENEFITS

Alterations in rates or amounts of certain benefits under the 1975 Act

3

• (1) In this article, “Schedule 4” means Schedule 4 to the 1975 Act[^f00009].

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

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

• (4) It is hereby directed that the sums falling to be calculated under section 59B(5)[^f00010] of the 1975 Act (calculation of weekly rate of retirement allowance) shall be increased from a date specified in article 5 below by 7.6 per cent. of their amount apart from this Order.

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

4

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

• (2) In section 6(1)(a) of the Pensions Act (basic pension in a Category A retirement pension)–

• (a) so far as the sum is relevant for the purpose of calculating, under section 14(6) of the 1975 Act, the rate of sickness benefit, for the sum of £41.80 there shall be substituted the sum of £45.00;

• (b) except so far as is mentioned in sub-paragraph (a) above, for the sum of £43.60 there shall be substituted the sum of £46.90.

• (3) It is hereby directed[^f00011] 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 1989/90,

• (b) the increases in the rates of retirement pensions under Schedule 1 to the Pensions Act (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 126A of the 1975 Act[^f00012] or section 63 of the 1986 Act,

shall in each case be increased by 7.6 per cent. of their amount apart from this Order.

• (4) It is hereby directed that sums which are payable by virtue of section 35(6) of the Pensions 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 36(3)), shall be increased by 4.6 per cent. of their amount apart from this order[^f00013].

Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are increased by this Order

5

• (1) Paragraphs (2) to (8) of this article, which are subject to the provisions of paragraph (9) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act 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) of the 1975 Act[^f00014], the increases in the sums mentioned in articles 3, 4 and 7 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 12th April 1990 and in relation to all other cases the increases in such sums shall take effect on 9th April 1990.

• (3) The increase in the sums mentioned in Article 4(3)(c) and (4) shall take effect on 9th April 1990.

• (4) The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance[^f00015], 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), and guardian’s allowance shall in all cases take effect on 9th April 1990.

• (5) The increases in the sums specified for the rate of mobility allowance, 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 section 57(5) of the 1975 Act[^f00016], 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) of the 1975 Act, of the aggregate of weekly benefit payable for successive accidents, shall in all cases take effect from 11th April 1990.

• (6) Where a person’s weekly rate of Category A or B retirement pension falls to be increased under the provisions of section 28(7) or 29(8) of the 1975 Act[^f00017] 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 9th April 1990, and where it does not fall to be so increased the sum so specified shall take effect on 12th April 1990.

• (7) The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increases for dependants), shall take effect in all cases on 12th April 1990.

• (8) The increase in the sums falling to be calculated in accordance with section 59B(5) of the 1975 Act (retirement allowance) shall take effect on 11th April 1990.

• (9) In the case of a person who is subject to the provisions of regulations made under section 82(6)(b) or 85(1) of the 1975 Act (suspension or 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) 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 benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975

6

In the Industrial Injuries and Diseases (Old Cases) Act 1975[^f00018], the sum of £26.20 referred to in section 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and section 7(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 11th April 1990 for that sum in section 2(6)(c), and from and including 12th April 1990 for that sum in section 7(2)(b), there shall be substituted the sum of £28.20.

Increase in rate of graduated retirement benefit and increments thereof

7

• (1) In the National Insurance Act 1965[^f00019], the sum of 5.71 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 7.6 per cent.; and from and including 9th April 1990 the reference in that provision to that sum shall accordingly have effect as a reference to 6.14 pence.

• (2) It is hereby directed that the sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978[^f00020] (increases for deferred retirement) shall be increased by 7.6 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 1976[^f00021] (weekly rates of child benefit)–

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

• (b) in paragraph (2), for the sum of £5.20, there shall be substituted the sum of £5.60.

Statutory Sick Pay

9

In section 7(1) of the Social Security and Housing Benefits Act 1982[^f00022] (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) the sums specified in paragraph (a) are £52.10 and £84.00 respectively and the sum specified in paragraph (b) is £36.25.

Statutory Maternity Pay

10

The sum specified in regulation 6 of the Statutory Maternity Pay (General) Regulations 1986[^f00023] (lower rate of statutory maternity pay) shall be increased by the substitution for the sum of £36.25 of the sum of £39.25.

Earnings Limits

11

The sums specified in section 41(2B) of the 1975 Act[^f00024] (earnings limits in respect of child dependency increases) shall be increased from £95, £12 and £95 to £100, £13 and £100 respectively.

PART III — FAMILY CREDIT, INCOME SUPPORT, HOUSING BENEFIT AND COMMUNITY CHARGE BENEFITS

Family Credit

12

In the Family Credit Regulations–

• (a) in regulation 46(4) (determination of appropriate maximum family credit), the 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 family credit) for the sum of £54.80 there shall be substituted the sum of £57.60; and

• (d) in paragraph 19 of Schedule 2 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £7.00 there shall be substituted the sum of £7.35.

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 as from 10th April 1990; and Schedule 4 shall accordingly have effect as set out in Schedule 2 to this Order.

Applicable amounts for Income Support

14

• (1) As from 9th April 1990 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), and in paragraph 14(a) of Part III of Schedule 2, 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 £6.50 there shall be substituted the sum of £7.35.

• (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 £12.50, £9.15, £7.20 and £3.85 there shall be substituted the sums of £14.80, £10.85, £8.50 and £4.55 respectively.

• (7) In paragraph 11(2) of Schedule 3 for the sum of £52.10 there shall be substituted the sum of £56.05.

• (8) 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 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) above, 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 calculating income), in sub-paragraph (b) for the sum of £7.00 there shall be substituted the sum of £7.35.

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 1987[^f00025] shall be increased by 5.2 per cent. of their amount apart from this Order.

The Relevant Sum for Income Support

16

In section 23(5)(b) of the 1986 Act[^f00026] (trade disputes: the relevant sum) the substituted sum is £19.50.

Applicable amounts for housing benefit

17

• (1) As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount and 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 regulations of and Schedules to the Housing Benefit Regulations bearing that number.

• (2) In regulations 16(b) and 17(c) (applicable amounts) the sum specified is in each regulation £3,000.

• (3) In regulation 18(1) (patients), for the sum of £8.70 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £11.75, for the sum of £8.70 in sub-paragraph (c) and (d)(i) there shall be substituted the sum of £9.40 and for the sum of £17.40 there shall be substituted the sum of £23.50.

• (4) In regulation 63(1) (non-dependant deductions), for the sums of £9.15, £3.85 and £3.35 (twice) there shall be substituted the sums of £10.85, £4.55 and £3.95 (twice) respectively.

• (5) In regulation 63(2), for the sum of £52.10 there shall be substituted the sum of £56.05.

• (6) In paragraph 1A[^f00027] of Part I of Schedule 1, for the sums of £12.50, £12.50, £6.25, £8.30, £8.30, £4.15 and £1.50, there shall be substituted the sums of £13.15, £13.15, £6.60, £8.75, £8.75, £4.35 and £1.60 respectively.

• (7) In paragraph 5(2) of Part II of Schedule 1, for the sums of £7.00, £0.85, £0.55 and £0.85 there shall be substituted the sums of £7.35, £0.90, £0.60 and £0.90 respectively.

• (8) 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 8 to this Order.

• (9) In paragraph 3 of Part II of Schedule 2, for the sum of £6.50 there shall be substituted the increased sum of £7.35.

• (10) The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.

• (11) In paragraph 20 of Schedule 4 (sums to be disregarded in calculation of income), in sub-paragraph (b) for the sum of £7.00 there shall be substituted the sum of £7.35.

Applicable amounts for Community Charge benefits

18

• (1) As from 1st April 1990, the sums relevant to the calculation of an applicable amount and specified in the Community Charge Benefits Regulations shall be the sums set out in the following provisions of this article and in 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 regulations of and Schedules to the Community Charge Benefits Regulations bearing that number.

• (2) In regulations 7(b) and 8(c) (applicable amounts) the sum specified is in each regulation £3,000.

• (3) In regulation 9(1) (patients), for the sum of £8.70 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £11.75, for the sum of £8.70 in sub-paragraphs (c) and (d)(i) there shall be substituted the sum of £9.40 and for the sum of £17.40 there shall be substituted the sum of £23.50.

• (4) The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 10 to this Order.

• (5) In paragraph 3 of Part II of Schedule 1, for the sum of £6.50 there shall be substituted the increased sum of £7.35.

• (6) The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.

• (7) In paragraph 20 of Schedule 3 (sums disregarded in calculation of income other than earnings), for the sum of £7.00 there shall be substituted the increased sum of £7.35.

PART IV — REVOCATIONS

Revocations

19

Articles 3 to 11 and 15 to 20 of and Schedules 1 and 3 to 12 to the Social Security Benefits Up-rating Order 1989[^f00028] are hereby revoked in relation to any particular case as from the date on which the rates or amounts of benefit specified in this Order in relation to that benefit takes effect in relation to that case.

SCHEDULE 1 — SCHEDULE 4 TO THE 1975 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 RESIDENTIAL CARE AND NURSING HOMES

PART I — PROVISIONS IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

Residential care homes

6

• (1) Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of–

• (a) old age, the appropriate amount shall be £150.00 per week;

• (b) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £150.00 per week;

• (c) past or present drug or alcohol dependence, the appropriate amount shall be £150.00 per week;

• (d) mental handicap, the appropriate amount shall be £175.00 per week;

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

• (i) in the case of a person to whom paragraph 8 applies, £210.00 per week, or

• (ii) in any other case, £150.00 per week; or

• (f) any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £150.00 per week.

Nursing homes

7

Subject to paragraphs 8 to 11, where the accommodation provided for the claimant is a nursing home for persons in need of personal care by virtue of–

• (a) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £200.00 per week;

• (b) mental handicap, the appropriate amount shall be £215.00 per week;

• (c) past or present drug or alcohol dependence, the appropriate amount shall be £200.00 per week;

• (d) physical disablement, the appropriate amount shall be–

• (i) in the case of a person to whom paragraph 8 applies, £245.00 per week, or

• (ii) in any other case, £200.00 per week;

• (e) terminal illness, the appropriate amount shall be £245.00 per week;

• (f) any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £200.00 per week.

11

• (1) Where the accommodation provided for the claimant is a residential care home or a nursing home which is, in either case, situated in the Greater London area and the actual charge for that accommodation exceeds the appropriate amount in his case by virtue of the preceding paragraphs of this Schedule, that amount shall be increased by any excess up to £23.00.

Personal allowances

13

The allowance for personal expenses for the claimant and each member of his family referred to in paragraph 1(1)(b) shall be–

• (a) for the claimant £10.55, and if he has a partner, for his partner, £10.55;

• (b) for a young person aged 18, £10.55;

• (c) for a young person aged under 18 but over 16, £7.35;

• (d) for a child aged under 16 but over 11, £6.35;

• (e) for a child aged under 11, £4.30.

PART II — OTHER SUMS SPECIFIED IN SCHEDULE 4 TO THE INCOME SUPPORT REGULATIONS

Paragraph in Schedule 4	Paragraph in Schedule 4	Specified sum	Specified sum
2(2)(b)(i)	Increases for meals	daily	£1.10
2(2)(b)(ii)	Increases for meals	daily	£1.55
2(2)(b)(iii)	Increases for meals	daily	£1.55
6(2)	Pension age and above	weekly	£165.00

SCHEDULE 6 — 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, 3 and 18, a person who has been a patient for a period of more than six weeks and who is–

• (a) a single claimant;

1

• (a) £11.75, plus any amount applicable under regulation 17(1)(e), (f) or (g);[^f00038]

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 1987[^f00039] (persons unable to act); and

2

• (a) Such amount (if any) not exceeding £9.40 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;

3

[^f00040] Subject to paragraph 18–

• (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 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 £9.40 instead of an amount determined in accordance with paragraph 2 of Schedule 2; or

Single claimants temporarily in local authority accommodation

10A

Except where paragraph 10B(4) applies, a single claimant who is temporarily in accommodation referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10A

£46.90 of which £37.50 is in respect of the cost of the accommodation and £9.40 for personal expenses plus any amounts applicable under regulation 17(1)(e) or (f).

Couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation

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 any of sub-paragraphs (a) to (d) (excluding heads and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases).

10B

—

• (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 17(1), 19 or 21 and in respect of the other member, £46.90 of which £37.50 is in respect of the cost of the accommodation and £9.40 for personal expenses.

Lone parents who are in residential accommodation temporarily

10C

[^f00042] A claimant who is a lone parent who has entered residential accommodation temporarily.

10C

£46.90 of which £37.50 is in respect of accommodation and £9.40 for personal expenses plus a personal allowance in respect of each child for whom he is responsible calculated under regulation 17 or 21, as appropriate, plus any amount which is applicable in his case under regulation 17(1)(c), (e) or (f), or (d) in so far as it relates to lone parent premium under paragraph 8 of Schedule 2.

Persons in residential accommodation

13

—

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

13

—

• (1) [^f00043] Any amount applicable under regulation 17(1)(f) or 18(1)(g), plus

Polish Resettlement

13A

[^f00044] A claimant for whom accommodation is provided under section 3 of and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation camps).

13A

—

• (1) The aggregate of–

• (a) the weekly charge for the accommodation provided for him, or if he is a member of a family, for him and his family subject to the maximum determined in accordance with sub-paragraph (2); and

• (b) a weekly amount for personal expenses for him or, if he is a member of a family, for him and for each member of his family determined in accordance with sub-paragraph (3).

• (2) The maximum referred to in sub-paragraph (1)(a) shall be–

• (a) in the case of a single claimant, £150.00;

• (b) in the case of a claimant who is a member of a family the aggregate of the following amounts–

• (i) in respect of the claimant, £150.00;

• (ii) in respect of each member of his family who lives in the accommodation aged under 11, 1½ times the amount specified in paragraph 2(a) of Schedule 2;

• (iii) in respect of each member of his family aged not less than 11 who lives in the accommodation, £150.00; and

• (iv) where the claimant is a lone parent, in respect of each member of the family who does not live in the accommodation, the amount which would be applicable in respect of that member under Schedule 2.

• (3) The amount for personal expenses referred to in sub-paragraph (1)(b) shall be–

• (a) for the claimant, £13.95;

• (b) for his partner, £13.95;

• (c) for a young person aged 18, £12.55;

• (d) for a young person aged under 18 but over 16, £7.35;

• (e) for a child aged under 16 but over 11, £6.35;

• (f) for a child aged under 11, £4.30.

• (4) The maximum amount in respect of a member of a family aged under 11 calculated in the manner referred to in sub-paragraph (1)(b)(ii) shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.

Persons in residential care or nursing homes who become patients

18

[^f00045] A claimant to whom regulation 19 (persons in residential care or nursing homes) 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 six 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;

18

• (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)

16

(persons temporarily absent from a residential care or a nursing home)

17

(persons from abroad)

SCHEDULE 7 — OTHER APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

Provisions in Income Support Regulations	Specified Sum
Regulation 22(1)	Weekly applicable amount to be reduced by a sum equivalent to 40 per cent. of the relevant amount.
Regulation 22(2)(a)	£200.
Regulation 22(2)	Weekly applicable amount to be reduced by a sum equivalent to 20 per cent. of the relevant amount.
Regulation 71(1)(a)(i)	90 per cent. of the amount applicable or, as the case may be, of the reduced applicable 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)	90 per cent. of the amount in respect of personal expenses.
Regulation 71(1)(c)(iii)	80 per cent. of the applicable amount in special cases.
Regulation 71(1)(d)[^f00048]	90 per cent. of the applicable amount.
Schedule 3, paragraph 7(1)(a) and (b)(i) and (2)	100 per cent. of the eligible interest
Schedule 3, paragraph 7(1)(b)(ii), (2)(a)(ii), and (6)	50 per cent. of the eligible interest.
Schedule 3, paragraph 8(2)	£500.
Schedule 3, paragraph 9(5)(a)(ii) and (b)(ii)	20 per cent. of eligible rates.[^f00049]

SCHEDULE 8 — PART I OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 9 — PART IV OF SCHEDULE 2 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 10 — PART I OF SCHEDULE 1 TO THE COMMUNITY CHARGE BENEFITS REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 11 — PART IV OF SCHEDULE 1 TO THE COMMUNITY CHARGE BENEFITS REGULATIONS AS AMENDED BY THIS ORDER

Signed

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott — Minister of State, — Department of Social Security — 13th February 1990

We consent,

John Taylor — D. Lightbown — Two of the Lords Commissioners of Her Majesty’s Treasury — 20th February 1990

Explanatory note

(This note is not part of the Order)

This Order, a draft of which has been laid before and approved by resolution of each House of Parliament, is made as a consequence of a review under section 63(1) of the Social Security Act 1986 (“the 1986 Act”) and includes details of the sums mentioned in that section.

Part I relates to citation, commencement and interpretation. Part II relates to non-means tested benefits. Article 3 alters the benefits and increases of benefit (except age addition) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Act 1975 (“the 1975 Act”). Article 4 increases the rates and amounts of certain benefits under Part II of the Social Security Pensions Act 1975 (“the Pensions Act”) (including increases of Category A or B retirement pensions payable by reference to the increases of increments in guaranteed minimum pensions payable by virtue of section 35(6) of that Act); article 5 specifies the dates from which the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are altered. Article 6 increases the rates laid down in the Industrial Injuries and Diseases (Old Cases) Act 1975 for the maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation and the weekly rate of allowance under the Industrial Diseases Schemes where disablement is not total. Article 7 increases the rate of graduated retirement pension under the National Insurance Act 1965.

Article 8 provides for the weekly rate of one-parent benefit to be increased. Article 9 specifies the weekly rate of statutory sick pay payable as from 6th April 1990. Article 10 increases the lower rate of statutory maternity pay and article 11 specifies earnings limits for child dependency increases.

Part III of the Order relates to family credit, income support, housing benefit and community charge benefits. Article 12 sets out the applicable amount for family credit and other miscellaneous amounts. Article 13 and Schedule 2 specify the amount of the credits for an adult, child or young person which determines a family’s maximum family credit.

Article 14 states the amount of sums relevant to the applicable amount for the purposes of income support. Article 14(3) and Schedule 3 set out the personal allowances; article 14(5) and Schedule 4 set out the premiums; article 14(8) and (9) and Schedule 5 set out the amounts relevant to the beneficiaries in residential care and nursing homes; article 14(10) and Schedule 6 set out the amounts relevant to special cases; and article 14(12) and Schedule 7 sets out other miscellaneous amounts. Article 15 provides for the percentage increase of sums payable by way of special transitional additions to income support. Article 16 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 17 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 17(8) and Schedule 8 set out the personal allowances and article 17(10) and Schedule 9 set out the premiums.

Article 18 states the amount of the sums relevant to the applicable amount for the purposes of community charge benefits. Article 18(4) and Schedule 10 set out the personal allowances and article 18(6) and Schedule 11 the premiums.

Article 19 contains revocations.

In accordance with section 63(11) of the Social Security Act 1986, a copy of the report of the Government Actuary (Cm. 948) giving his opinion on the likely effect on the National Insurance Fund of the making of this Order was laid before Parliament with the draft Order.

Footnotes

[^f00001]: 1986 c. 50; subsection (1)(ee) was inserted in section 63 by the Social Security Act 1988 (c. 7), section 2(2)(b); section 63(7) was amended by the Social Security Act 1988, Schedule 5; section 63(10) was modified, and section 63(10A) inserted by regulation 2 of the Social Security Act 1986 (Consequential) Amendment Regulations 1988 (S.I. 1988/961); section 63(13)(b) was amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 15(2).

[^f00002]: See section 83(5) of the Social Security Act 1986.

[^f00003]: 1975 c. 14.

[^f00004]: 1975 c. 60.

[^f00005]: S.I. 1989/1321.

[^f00006]: S.I. 1987/1973; the relevant amending instruments are S.I. 1988/660 and 1989/43.

[^f00007]: S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 910, 999, 1228, 1445, 1989/43, 534, 1034 and 1678.

[^f00008]: S.I. 1987/1971; the relevant amending instruments are S.I. 1988/1444, 1989/43, 416 and 1017.

[^f00009]: Schedule 4 was amended by section 21(1) and (2) of, and Schedules 4 and 5 to, the Child Benefit Act 1975 (c. 61), section 22(2) of, and paragraphs 62 and 63 of Schedule 4 to, the Social Security Pensions Act 1975, paragraph 13 of Schedule 1 to the Social Security Act 1979 (c. 18), Schedule 11 to the Social Security Act 1986 (c. 50) and the Social Security Benefits Up-rating Order 1989 (S.I. 1989/43).

[^f00010]: Section 59B(5) was inserted in the 1975 Act by the Social Security Act 1988 (c. 7), section 2(1) and amended by the Social Security Act 1989 (c. 24), Schedule 1, paragraph 8(5). See also section 63(1)(ee) of the Social Security Act 1986, inserted by the Social Security Act 1988 (c. 7), section 2(2)(a).

[^f00011]: See section 23(2) and (3) of the Social Security Pensions Act 1975 (c. 60), as amended by the Social Security Act 1986, Schedule 10, paragraph 91.

[^f00012]: Section 126A was inserted by section 12 of the Social Security Act 1979 (c. 18) and repealed by the Social Security Act 1986, section 86, Schedule 11.

[^f00013]: See section 63(8) of the Social Security Act 1986 and the Guaranteed Minimum Pensions Increase Order 1990 (S.I. 1990/255).

[^f00014]: Section 14(6) is amended by the Social Security Pensions Act 1975, section 65(1), Schedule 4 paragraph 39(b), the Social Security Act 1979 (c. 18), section 21(4), Schedule 3 paragraph 6 and the Social Security Act 1989 (c. 24), Schedule 1 paragraph 4(2) and Schedule 9; and section 15(4) is amended by the Social Security Pensions Act 1975, section 65(1), Schedule 4 paragraph 40(c) and the Social Security Act 1979, section 21(4), Schedule 3 paragraph 7.

[^f00015]: Child’s special allowance was abolished except for existing beneficiaries as from 6th April 1987 (section 40 of the Social Security Act 1986).

[^f00016]: Section 57(5) was repealed by the Social Security Act 1986, section 86, Schedule 11; but saved in certain circumstances by S.I. 1986/1561, regulation 13.

[^f00017]: Section 28(7) is amended by the Social Security (No. 2) Act 1980 (c. 39), section 3(3).

[^f00018]: 1975 c. 16. Sections 2(6)(c) and 7(2)(b) were amended by the Social Security Benefits Up-rating Order 1989 (S.I. 1989/43).

[^f00019]: 1965 c. 51. Section 36 was repealed by the Social Security Act 1973 (c. 38) but subsection (1) is now 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 the Schedule to those Regulations as amended by article 7 of the Social Security Benefits Up-rating Order 1989 (S.I. 1989/43). See also regulation 2 of those Regulations, as amended by regulation 3 of S.I. 1989/893.

[^f00020]: S.I. 1978/393.

[^f00021]: S.I. 1976/1267; the relevant amending instruments are S.I. 1977/1328, 1980/110 and 1989/43.

[^f00022]: 1982 c. 24; section 7(1) was substituted by regulation 2 of the Statutory Sick Pay (Rate of Payment) Regulations 1987 (S.I. 1987/33).

[^f00023]: S.I. 1986/1960.

[^f00024]: Section 41(2B) was inserted by the Health and Social Security Act 1984 (c. 48), section 13, Schedule 5 paragraph 3(c).

[^f00025]: S.I. 1987/1969; additions to income support may be included in the Order under section 63 of the Social Security Act 1986 by virtue of the modification made by regulation 2 of S.I. 1988/961.

[^f00026]: Stated in accordance with the Social Security Act 1986 (c. 50), section 23(7).

[^f00027]: Paragraph 1A was added by regulation 7(b) of S.I. 1988/1444.

[^f00028]: S.I. 1989/43.

[^f00029]: Section 16(2) was amended by paragraph 10 of Schedule 1 to the Social Security Act 1979 (c. 18).

[^f00030]: Part 1A was inserted in Schedule 4 as from 11th April 1988 by section 36(2) of the Social Security Act 1986 (c. 50).

[^f00031]: Section 35(3) was amended by section 2(4) of the Social Security Act 1979.

[^f00032]: Paragraph 5A was inserted by section 12(2) of the Social Security Act 1985 (c. 53).

[^f00033]: Sub-paragraphs (1) and (2) were substituted by S.I. 1989/1034, regulation 11 and amended by S.I. 1989/1678, regulation 6.

[^f00034]: Amended by S.I. 1988/1228, regulation 9.

[^f00035]: Head (aa) was inserted by S.I. 1989/1034, regulation 11(b) and amended by S.I. 1989/1678, regulation 6(c).

[^f00036]: Sub-paragraphs (2) and (2A) were substituted by S.I. 1989/534, regulation 5(c).

[^f00037]: Words added by regulation 29(e) of S.I. 1988/663.

[^f00038]: Paragraph 1 of column (2) was amended by S.I. 1988/1445, regulation 23, and Schedule 1, paragraph 15(a).

[^f00039]: S.I. 1987/1968.

[^f00040]: Paragraph 3 was amended by S.I. 1988/1445, regulation 23.

[^f00042]: Paragraph 10C was inserted by S.I. 1988/2022, regulation 21(c).

[^f00043]: Words substituted in column (2) of paragraph 13 by S.I. 1988/1445, regulation 23(d).

[^f00044]: Paragraph 13A was inserted by S.I. 1989/1678, regulation 11(c).

[^f00045]: Paragraph 18 was amended by S.I. 1988/663, regulation 33(d), 1988/1445, regulation 23 and Schedule 1, paragraph 1, and S.I. 1989/534, Schedule 1, paragraph 13(h) and (i).

[^f00048]: Inserted by S.I. 1988/633, regulation 25(b).

[^f00049]: Paragraph 1 was amended by S.I. 1989/1017, regulation 5.

[^f00050]: Sub-paragraphs (2) and (2A) substituted by S.I. 1989/416, paragraph 7(c) (corrected by correction slip issued July 1989).