The Social Security Benefits Up-rating Order 2021

[^f00049]: 1965 c. 51. Sections 36 and 37 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 3 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations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 Schedule 1 to those Regulations; relevant amending instruments are S.I. 1989/1642, 1995/2606, 1996/1345, 2005/454 and 3078 and 2020/234. See also regulation 2 of those Regulations, which was substituted by S.I. 1995/2606.

[^f00050]: S.I. 1978/393; relevant amending instruments are S.I. 1989/1642, 2005/454 and 2020/234.

[^f00051]: S.I. 2005/454; relevant amending instruments are S.I. 2005/2677 and 3078 and 2020/234.

[^f00052]: S.I. 1979/642; relevant amending instruments are S.I. 1987/1854, 1989/1642, 2015/1985 and 2020/234.

[^f00053]: S.I. 2010/426; regulation 3A was inserted by S.I. 2015/1985 and amended by S.I. 2020/234.

[^f00054]: S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939 and 2020/234.

[^f00055]: S.I. 2013/377; relevant amending instrument is S.I. 2020/234.

[^f00056]: S.I. 1994/2946; relevant amending instrument is S.I. 2020/234.

[^f00057]: S.I. 2008/3270.

[^f00058]: S.I. 1995/310; relevant amending instrument is S.I. 2020/234.

[^f00059]: S.I. 2010/2818; relevant amending instruments are S.I. 2017/422 and 2020/234.

[^f00060]: S.I. 2017/410.

[^f00061]: Regulations 17(1)(b) and 18(1)(c) were omitted by S.I. 2003/455. Regulation 7 of that S.I. (as amended by S.I. 2005/2294) makes transitional arrangements in connection with the introduction of tax credits.

[^f00062]: Relevant amending instruments are S.I. 1994/527, 1996/206 and 2431, 2000/636, 2001/3767 and 2003/455.

[^f00063]: Paragraph 13A was inserted by S.I. 2000/2629 and amended by S.I. 2002/3019, 2003/455, 2007/719 and 2011/674 and 2425.

[^f00064]: Relevant amending instruments are S.I. 2007/719 and 2011/674.

[^f00065]: Relevant amending instruments are S.I. 1990/1168, 1996/206, 2007/719, 2010/641 and 2020/234.

[^f00066]: Relevant amending instruments are S.I. 1996/2545, 1999/2555, 2003/455, 2006/718 and 2020/234.

[^f00067]: Relevant amending instruments are S.I. 1996/1803, 1998/766, 2003/455, 2014/516 and 2020/234.

[^f00068]: Relevant amending instruments are S.I. 1990/1776, 1996/1803, 2000/2629, 2002/2497 and 3019, 2007/719, 2015/457 and 2020/234.

[^f00069]: See S.I. 2008/3195 which modifies paragraph 11(5) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

[^f00070]: Relevant amending instrument is S.I. 2018/307.

[^f00071]: Schedule 3 was substituted by S.I. 1995/1613. Relevant amending instruments are S.I. 1995/2927, 1996/2518, 1999/3178, 2004/2327 and 2020/234.

[^f00072]: See section 151(6) of the Administration Act.

[^f00073]: S.I. 1987/1969; relevant amending instruments are S.I. 1988/521 and 670, 1989/1626, 1991/1600 and 2020/234.

[^f00074]: See section 126(8) of the Contributions and Benefits Act. Relevant amending instrument is S.I. 2020/234.

[^f00075]: Regulation 74 was substituted by S.I. 2007/2868. Relevant amending instrument is S.I. 2020/234.

[^f00076]: Relevant amending instrument is S.I. 2020/234.

[^f00077]: Relevant amending instrument is S.I. 2020/234.

[^f00078]: Relevant amending instruments are S.I. 2015/30, 2017/376 and 2020/234.

[^f00079]: Relevant amending instruments are S.I. 2006/718 and 2020/234.

[^f00080]: S.I. 2015/1857. Part 2 of Schedule 3 was omitted by regulation 2 of that S.I. subject to transitional arrangements in regulation 4.

[^f00081]: Part 6 was inserted by S.I. 2008/1082 (as amended by S.I. 2008/2428) and amended by S.I. 2017/204.

[^f00082]: S.I. 2017/204. Paragraph 25 was revoked by paragraph 6 of Schedule 1 to that S.I. but the revocation does not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to that S.I. apply. Relevant amending instrument is S.I. 2020/234.

[^f00083]: Relevant amending instrument is S.I. 2020/234.

[^f00084]: Relevant amending instruments are S.I. 2009/2608 and 2010/793.

[^f00085]: Regulation 55 was substituted by S.I. 2007/2869. Relevant amending instrument is S.I. 2020/234.

[^f00086]: Relevant amending instrument is S.I. 2020/234.

[^f00087]: Relevant amending instrument is S.I. 2020/234.

[^f00088]: Relevant amending instruments are S.I. 2017/1187 and 2020/234.

[^f00089]: Relevant amending instruments are S.I. 2006/718 and 2020/234.

[^f00090]: Relevant amending instruments are S.I. 2008/3157 and 2010/793.

[^f00091]: Relevant amending instruments are S.I. 2013/2536 and 2020/234.

[^f00092]: Regulations 83(b) and 84(1)(c) were omitted, and regulation 85(1) was amended, by S.I. 2003/455. Regulation 8 of that S.I. (as amended by S.I. 2005/2294) makes transitional arrangements in connection with the introduction of child tax credit. Regulation 85(1) was also amended by S.I. 2007/2618.

[^f00093]: Paragraph 15A was inserted by S.I. 2000/2629 and amended by S.I. 2003/455 and 2007/719.

[^f00094]: Relevant amending instruments are S.I. 2007/719, 2011/674 and 2013/388.

[^f00095]: Relevant amending instruments are S.I. 1996/1516, 2000/1978, 2005/2877, 2007/719, 2008/698 and 1554, 2009/1575 and 2020/234.

[^f00096]: Relevant amending instruments are S.I. 1996/2545, 1999/2555, 2003/455, 2006/718 and 2020/234.

[^f00097]: Relevant amending instruments are S.I. 1996/1803, 1998/766, 2003/455 and 2020/234.

[^f00098]: Relevant amending instruments are S.I. 1996/1516 and 1803, 2000/2239 and 2629, 2003/455 and 511, 2007/719, 2009/1488, 2015/457 and 2020/234.

[^f00099]: Part IVB was inserted by S.I. 2000/1978 and amended by S.I. 2000/2629, 2001/518, 2003/511, 2007/719, 2009/1488, 2015/457 and 2020/234.

[^f00100]: See S.I. 2008/3195 which modifies paragraph 10(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

[^f00101]: Relevant amending instrument is 2018/307.

[^f00102]: Relevant amending instruments are S.I. 1996/2518, 1999/2860, 2004/2327 and 2020/234.

[^f00103]: See section 15(6) of the Jobseekers Act 1995. Relevant amending instrument is S.I. 2020/234.

[^f00104]: Relevant amending instrument is S.I. 2020/234.

[^f00105]: Relevant amending instruments are S.I. 2015/1754, 2018/676 and 2020/234.

[^f00106]: Relevant amending instrument is S.I. 2020/234.

[^f00107]: See S.I. 2008/3195 which modifies paragraph 8(2) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

[^f00108]: Relevant amending instrument is S.I. 2018/307.

[^f00109]: Relevant amending instruments are S.I. 2002/3197, 2004/2327, 2006/2378 and 2020/234.

[^f00110]: Schedule IIA was inserted by S.I. 2018/676. Relevant amending instrument is S.I. 2020/234.

[^f00111]: Relevant amending instruments are S.I. 2002/3197 and 2020/234.

[^f00112]: Relevant amending instruments are S.I. 2008/2428, 2009/2655, 2011/2428 and 2020/234. Paragraph 1 of Schedule 4 was also amended by S.I. 2017/204 and 581 but the amendments do not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to S.I. 2017/204 apply.

[^f00113]: Relevant amending instruments are S.I. 2008/2428, 2015/457 and 2020/234.

[^f00114]: Relevant amending instrument is S.I. 2020/234.

[^f00115]: See S.I. 2008/3195 which modifies paragraph 12(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons.

[^f00116]: Relevant amending instrument is S.I. 2018/307.

[^f00117]: Relevant amending instrument is S.I. 2008/2428.

[^f00118]: Relevant amending instruments are S.I. 2016/242 and 2020/234.

[^f00119]: Relevant amending instruments are S.I. 2015/30, 2017/204 and 581 and 2020/234.

[^f00120]: Relevant amending instruments are S.I. 2015/30, 2017/204 and 581 and 2020/234.

[^f00121]: Relevant amending instruments are S.I. 2017/204 and 2020/234.

[^f00122]: Regulation 62(2) was substituted by regulation 3 of S.I. 2017/204 but that amendment does not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to that S.I. apply. Relevant amending instruments are S.I. 2015/30 and 2020/234.

[^f00123]: S.I. 2010/1907 (“the 2010 Regulations”). The 2010 Regulations modify the ESA Regulations 2008 for the purpose of the conversion of awards of incapacity benefit, income support and severe disablement allowance to employment and support allowance under the ESA Regulations 2008.

[^f00124]: S.I. 2013/983. The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 modifies the 2010 Regulations so that they refer to a modified form of the ESA Regulations 2013 for the purpose of the conversion of awards of incapacity benefit and severe disablement allowance to employment and support allowance under the ESA Regulations 2013.

[^f00125]: Relevant amending instruments are S.I. 2015/1649 and 2020/234.

[^f00126]: The table in regulation 36 was amended by section 14(5)(b) of the Welfare Reform and Work Act 2016 (c. 7) and by S.I. 2014/1230, 2015/30 and 1754, 2017/204 and 2020/234.

[^f00127]: Relevant amending instrument is S.I. 2020/234.

[^f00128]: Relevant amending instrument is S.I. 2018/307.

[^f00129]: S.I. 2020/234.

[^f00130]: Paragraph 2 was substituted, and paragraph 2A was inserted, by section 2(2) of the 1994 Act. Paragraph 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995, paragraph 68 of Schedule 12 to the Pensions Act and by S.I. 2020/234.

[^f00131]: Relevant amending instrument is S.I. 2002/1457.

[^f00132]: Paragraph 7 was amended by paragraph 81(b) of Schedule 12 to the Pensions Act.

[^f00133]: The entries relating to widowed mother’s allowance and widowed parent’s allowance in column (1) and the increase for a qualifying child in column (2) were repealed by Schedule 6 to the Tax Credits Act. Articles 3 and 4 of S.I. 2003/938 save the repealed provisions in certain circumstances.

[^f00134]: Paragraph 1A was inserted, and paragraph 2 substituted, by section 2(6) of the 1994 Act.

[^f00135]: Paragraph 4A was inserted by paragraph 14 of Schedule 8 to the 1999 Act.

[^f00136]: This entry was amended by section 65(2) of the 2012 Act.

[^f00137]: This entry was amended by section 65(3) of the 2012 Act.

[^f00138]: Widow’s and widower’s pension are payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act). Relevant amending instrument is S.I. 2020/234.

[^f00139]: Paragraph 12 was amended by paragraph 15(3) of Schedule 1 to the 2005 Act which inserted the words “and qualifying young persons” and substituted the words “child or qualifying young person”.

[^f00140]: Sub-paragraphs (1) and (2) were substituted by S.I. 1990/1168 and amended by S.I. 1996/206 and 2007/719.

[^f00141]: Paragraph 1A of Part 1 of Schedule 2 was inserted by S.I. 1996/206.

[^f00142]: Sub-paragraph (3) was substituted by S.I. 1996/206 and amended by S.I. 2010/641.

[^f00143]: Sub-paragraphs (2), (2A) and (3) were substituted by S.I. 2002/3019. Relevant amending instrument is S.I. 2016/242.

[^f00144]: Relevant amending instruments are S.I. 2007/719 and 2020/234.

[^f00145]: Relevant amending instruments are S.I. 2002/2497 and 2020/234.

[^f00146]: Sub-paragraph (7) was added by S.I. 1990/1776 and amended by S.I. 2020/234.

[^f00147]: Sub-paragraph (8) was added by S.I. 2000/2629 and amended by S.I. 2003/455 and 2020/234.

[^f00148]: Relevant amending instruments are S.I. 2015/30 and 2017/376.

[^f00149]: Relevant amending instrument is S.I. 2015/1754.

[^f00150]: Relevant amending instruments are S.I. 2017/1187 and 2020/234.

[^f00151]: Relevant amending instrument is S.I. 2015/1754.

[^f00152]: Relevant amending instruments are S.I. 1996/1516, 2000/1978, 2005/2877, 2007/719, 2008/698 and 1554, 2009/1575 and 2020/234.

[^f00153]: Relevant amending instruments are S.I. 2009/1488, 2016/242 and 2020/234.

[^f00154]: Relevant amending instruments are S.I. 2007/719 and 2020/234.

[^f00155]: Sub-paragraph (9) was added by S.I. 2000/2629 and amended by S.I. 2003/455 and 2020/234.

[^f00156]: Part IVB was inserted by S.I. 2000/1978.

[^f00157]: Relevant amending instruments are S.I. 2009/1488, 2016/242 and 2020/234.

[^f00158]: Relevant amending instruments are S.I. 2007/719, 2016/242 and 2020/234.

[^f00159]: Relevant amending instruments are S.I. 2007/719 and 2020/234.

[^f00160]: Relevant amending instruments are S.I. 2001/518, 2003/511 and 2020/234.

[^f00161]: Sub-paragraph (6) was added by S.I. 2000/2629 and amended by S.I. 2020/234.

[^f00162]: Relevant amending instruments are S.I. 2008/2428, 2009/2655, 2011/2428 and 2020/234. Paragraph 1 of Schedule 4 was also amended by S.I. 2017/204 and 581 but the amendments do not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to S.I. 2017/204 apply.

[^f00163]: Relevant amending instruments are S.I. 2008/2428, 2009/2655, 2011/2428 and 2020/234. Paragraph 1 of Schedule 4 was also amended by S.I. 2017/204 and 581 but the amendments do not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to S.I. 2017/204 apply.

[^f00164]: Relevant amending instruments are S.I. 2016/242 and 2020/234.

[^f00165]: Relevant amending instruments are S.I. 2008/2428 and 2020/234.

[^f00166]: Relevant amending instruments are S.I. 2008/2428 and 2020/234.

[^f00167]: Relevant amending instruments are S.I. 2016/242 and 2020/234.

[^f00168]: Relevant amending instrument is S.I. 2020/234.

[^f00169]: The amount for the first child or qualifying young person was abolished by section 14(5)(b)(i) of the Welfare Reform and Work Act 2016 (c. 7) subject to the saving in regulation 43 of S.I. 2014/1230 inserted by S.I. 2017/376.

[^f00170]: This row was amended by section 14(5)(b)(ii) of the Welfare Reform and Work Act 2016.

[^f00171]: Relevant amending instrument is S.I. 2020/234.

[^f00172]: Relevant amending instrument is S.I. 2020/234.

[^f00173]: Wording substituted by S.I. 2017/204 subject to the saving in regulation 7 of, and Schedule 2 Part 2 to, that S.I.

[^f00174]: Wording revoked by S.I. 2017/204 subject to the saving in regulation 7 of, and Schedule 2 Part 2 to, that S.I. Relevant amending instrument is S.I. 2020/234.

[^f00175]: Relevant amending instrument is S.I. 2020/234.

[^f00176]: Relevant amending instrument is S.I. 2020/234.

[^f00177]: Relevant amending instrument is S.I. 2017/260.

Editorial notes

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