The Social Security Benefits Up-rating Order 2013

Made: 11th March 2013

Coming into force in accordance with Article 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 1 — INTRODUCTION

Citation, commencement and effect

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — SOCIAL SECURITY BENEFITS AND PENSIONS

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

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase in rates or amounts of certain pensions and allowances under the Contributions and Benefits Act

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase in rates or amount of certain benefits under the Pension Schemes Act

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are changed by this Order

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Earnings Limits

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory Sick Pay

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory Maternity Pay

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ordinary and Additional Statutory Paternity Pay, and Statutory Adoption Pay

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase in rate of graduated retirement benefit

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase in rates of Disability Living Allowance

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rates of age addition

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rates of transitional invalidity allowance

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rates of bereavement benefits

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — INCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for Income Support

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Income Support Transitional Protection

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Relevant Sum for Income Support

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Benefit

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Benefit for certain persons over the qualifying age for State Pension Credit

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — JOBSEEKER’S ALLOWANCE

Increase in age-related amounts of contribution-based Jobseeker’s Allowance

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applicable amounts for Jobseeker’s Allowance

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Prescribed Sum for Jobseeker’s Allowance

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 — STATE PENSION CREDIT

State Pension Credit

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — EMPLOYMENT AND SUPPORT ALLOWANCE

Applicable amounts for Employment and Support Allowance

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 — REVOCATION

Revocation

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — PROVISIONS OF SCHEDULE 4 TO THE CONTRIBUTIONS AND BENEFITS ACT AS AMENDED BY THIS ORDER

SCHEDULE 2 — PART I OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 3 — PART IV OF SCHEDULE 2 TO THE INCOME SUPPORT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 4 — APPLICABLE AMOUNTS SPECIFIED IN THE INCOME SUPPORT REGULATIONS

(1)	(2)
Provision in Income Support Regulations	Specified Sum
Regulation 22A(1)[^f00104]	Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Schedule 3[^f00105] , paragraph 5(3)	The relevant fraction shall be obtained in accordance with the formula— $AA+B$
Schedule 3, paragraph 6(1)(b)[^f00106]	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 eligible interest.
Schedule 3, paragraph 8(1)(b)	Nil.
Schedule 3, paragraph 10[^f00107]	The weekly amount of housing costs is the amount calculated by applying the formula— $A×B52$
Schedule 3, paragraph 11(5)[^f00108]	£100,000.
Schedule 3, paragraph 11(7)(a)	A sum determined by applying the formula— $P×Q$ .
Schedule 3, paragraph 11(11)[^f00109]	The qualifying portion of a loan shall be determined by applying the formula— $R×ST$
Schedule 3, paragraph 12(2)[^f00110]	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule 7, paragraph 2A[^f00111]	Nil.
Schedule 7, paragraph 7	Nil.
Schedule 7, paragraph 8(a)	Nil.
Schedule 7, paragraph 17[^f00112]	Nil.

SCHEDULE 5 — PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 6 — PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 7 — PART 1 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 8 — PART 4 OF SCHEDULE 3 TO THE HOUSING BENEFIT (SPC) REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 9 — PART 1 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 — PART IVB OF SCHEDULE 1 TO THE JOBSEEKER’S ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 12 — APPLICABLE AMOUNTS SPECIFIED IN THE JOBSEEKER’S ALLOWANCE REGULATIONS

(1)	(2)
Provision in Jobseeker’s Allowance Regulations	Specified Sum
Regulation 145(1)[^f00127]	Weekly 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 146G(1)[^f00128]	Weekly 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.
Schedule 2, paragraph 5(3)	The relevant fraction shall be obtained in accordance with the formula— $AA+B$
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[^f00129]	The weekly amount of housing costs is the amount calculated by applying the formula— $A×B52$
Schedule 2, paragraph 10(4)[^f00130]	£100,000.
Schedule 2, paragraph 10(6)(a)	The appropriate amount shall be a sum determined by applying the formula— $P×Q$
Schedule 2, paragraph 10(10)	The qualifying portion of a loan shall be determined by applying the formula— $R×ST$
Schedule 2, paragraph 11(2)[^f00131]	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule 5, paragraph 4	Nil.
Schedule 5, paragraph 14[^f00132]	Nil.
Schedule 5A, paragraph 3[^f00133]	Nil.

SCHEDULE 13 — OTHER AMOUNTS SPECIFIED IN THE STATE PENSION CREDIT REGULATIONS

(1)	(2)
Provision in State Pension Credit Regulations	Specified Amount
Regulation 6(3)(a)	Nil.
Regulation 6(3)(b)	Nil.
Regulation 7(3)	Nil.
Schedule II, paragraph 6(3)	The relevant fraction shall be obtained in accordance with the formula— $AA+B$
Schedule II, paragraph 7(1)	The weekly amount of housing costs shall be calculated by applying the formula— $A×B52$
Schedule II, paragraph 8(2)[^f00134]	£100,000.
Schedule II, paragraph 8(4)(a)	The sum shall be determined by applying the formula— $P×Q$
Schedule II, paragraph 8(8)[^f00135]	The qualifying portion of a loan shall be determined by applying the formula— $R×ST$
Schedule II, paragraph 9(2)[^f00136]	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
Schedule III, paragraph 2[^f00137]	Nil.

SCHEDULE 14 — PART 1 OF SCHEDULE 4 TO THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 15 — PART 3 OF SCHEDULE 4 TO THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS AS AMENDED BY THIS ORDER

SCHEDULE 16 — APPLICABLE AMOUNTS SPECIFIED IN THE EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS

(1)	(2)
Provision in Employment and Support Allowance Regulations	Specified Sum
Schedule 6, paragraph 7(3)	The relevant fraction shall be obtained in accordance with the formula— $AA+B$
Schedule 6, paragraph 8(1)(c)	Nil.
Schedule 6, paragraph 9(1)(b)	Nil.
Schedule 6, paragraph 11	The weekly amount of housing costs is the amount calculated by applying the formula— $A×B52$
Schedule 6, paragraph 12(4)[^f00141]	£100,000.
Schedule 6, paragraph 12(6)(a)	The appropriate amount shall be a sum determined by applying the formula— $P×Q$
Schedule 6, paragraph 12(10)	The qualifying portion of a loan shall be determined by applying the formula— $R×ST$
Schedule 6, paragraph 12(12)(b)	£150,000
Schedule 6, paragraph 12(12)(c)	£125,000
Schedule 6, paragraph 13(2)[^f00142]	The standard rate is to be the average mortgage rate published by the Bank of England in August 2010. It is to be varied each time that sub-paragraph (2B) applies such that the average mortgage rate published on the reference day then becomes the new standard rate in accordance with sub-paragraph (2D).

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Steve Webb — Minister of State, — Department for Work and Pensions — 8th March 2013

We consent,

David Evennett — Robert Goodwill — Two of the Lords Commissioners of Her Majesty’s Treasury — 11th March 2013

Explanatory note

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

[^f00001]: 1992 c. 5 (“the Administration Act”). Section 150 was amended by paragraph 28 of Schedule 8 to the Pension Schemes Act 1993 (c. 48) (“the 1993 Act”), sections 2(3) and 9(4) of the Social Security (Incapacity for Work) Act 1994 (c. 18) (“the 1994 Act”), paragraph 64 of Schedule 2 to the Jobseekers Act 1995 (c. 18) (“the 1995 Act”), section 131(2) of the Pensions Act 1995 (c. 26), paragraph 24 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”), paragraph 16 of Schedule 2 to the State Pension Credit Act 2002 (c. 16) (“the 2002 Act”), paragraph 35 of Schedule 3, and Schedule 6, to the Tax Credits Act 2002 (c. 21) (“the Tax Credits Act”), paragraph 14 of Schedule 7 to the Employment Act 2002 (c. 22), paragraph 21 of Schedule 11 to the Pensions Act 2004 (c. 35), section 6(1) to (4) of, and paragraph 21 of Schedule 1 to, the Pensions Act 2007 (c. 22), paragraph 10(21) of Schedule 3 to the Welfare Reform Act 2007 (c. 5), section 2(1) of the Pensions Act 2011 (c. 19), paragraph 8 of the Schedule to S.I. 2005/2053 and by article 2 of S.I. 2006/2839. See also section 4(8) of the 1994 Act and regulation 18(3) of S.I. 1995/310. The effect of section 150 was modified in relation to incapacity benefit and severe disablement allowance by S.I. 2008/3270.

[^f00002]: Section 150A was inserted by section 5(1) of the Pensions Act 2007.

[^f00003]: Seesection 189(8) of the Administration Act.

[^f00004]: The functions of the Secretary of State under section 150, so far as relating to child benefit and guardian’s allowance, were transferred to the Commissioners of Inland Revenue by section 50(1) of the Tax Credits Act. The functions of those Commissioners were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50 of that Act provides that in so far as appropriate in consequence of section 5 a reference to the Commissioners of Inland Revenue (in whatever terms) is to be read as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

[^f00005]: Section 151 was amended by paragraph 29 of Schedule 8 to the 1993 Act, section 130(2) of the Pensions Act 1995, paragraph 22 of Schedule 11 to the Pensions Act 2004 and section 2(3) of the Pensions Act 2011.

[^f00006]: Section 189(1) was amended by paragraph 109 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (“the 1998 Act”) (c. 14), paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and Schedule 6 to the Tax Credits Act.

[^f00007]: Section 35A was inserted by section 53 of the 1999 Act. Subsection (1) was substituted by section 48 of the Employment Act 2002. The rate of maternity allowance is linked to the prescribed rate of statutory maternity pay set out in regulation 6 of S.I. 1986/1960.

[^f00008]: S.I. 1996/2745; the relevant amending instrument is S.I. 2002/842.

[^f00009]: 1992 c. 4 (“the Contributions and Benefits Act”).

[^f00010]: S.I. 2008/794; the relevant amending instruments are S.I. 2008/2428 and 3195, 2009/2655 and 3228, 2010/1811, 2011/2428 and 2012/780.

[^f00011]: S.I. 2006/213; the relevant amending instruments are S.I. 2006/718, 2007/2868, 2008/1082 and 2428, 2009/2608, 2010/2449 and 2012/780.