Contents
Part I · Introduction
Article 1Citation and commencement#
(1)This Order may be cited as the Social Security Benefits Up-rating Order (Northern Ireland) 1997 and, subject to paragraphs (2) and (3), shall come into operation for the purposes of—
(a)Articles 1, 2 and 6 on 1st April 1997;
(b)Article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 1997 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;
(c)Articles 9 and 10 on 6th April 1997;
(d)Articles 3 to 5 and 11 to 13 on 7th April 1997;
(e)Articles 16, 17 and 25 on 8th April 1997;
(f)Article 7 on 9th April 1997;
(g)Articles 14, 15 and 26 on 10th April 1997;
(h)Articles 18 to 20, 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 7th April 1997 and, for the purposes of this sub-paragraph and sub-paragraph (i), “benefit week” has the same meaning as in the Income Support Regulations;
(i)Article 21(c)(ii), in so far as the sums specified are relevant for the purposes of paragraph 17(2)(a) of Schedule 3 to the Income Support Regulations or paragraph 16(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations, on the first day of the first benefit week to commence for the beneficiary on or after 7th April 1997;
(j)except in a case to which sub-paragraph (i) applies, Article 21 in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 1997 and in relation to any other case on 1st April 1997; and
(k)Articles 22 to 24, 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 7th April 1997 and, for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.
(2)The increases made—
(a)in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and
(b)by Article 22(c) in so far as it is relevant for the purposes referred to in Article 6(11),
shall take effect for each case on the date specified in relation to that case in Article 6.
(3)To the extent that any provision of this Order is due to come into operation on the same day as any provision of the Regulations listed in paragraph (4), this Order shall come into operation immediately after those Regulations.
(4)The Regulations referred to in paragraph (3) are—
(a)the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996;
(c)the Social Security (Non-Dependant Deductions) Regulations (Northern Ireland) 1997.
Article 2Interpretation#
(1)In this Order—• “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;• “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993;• “the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996;• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;• “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;• “the Personal Allowances for Children and Young Persons Regulations” means the Income-Related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations (Northern Ireland) 1996.
(2)The Interpretation Act (Northern Ireland) 1954 shall apply to this Order as it applies to a Measure of the Assembly.
Part II · Social Security Benefits and Pensions
Article 6Dates 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#
(1)Paragraphs (2) to (9), which are subject to the provisions of paragraphs (10) and (11), specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
(2)Subject to paragraph (3), the increases in the sums specified in Articles 3, 4 and 11 for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 7th April 1997.
(3)In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act, the increases in the sums mentioned in Articles 3, 4 and 11 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 10th April 1997.
(4)The increases in the sums mentioned in Articles 4(4)(c) and 5(2) shall take effect on 7th April 1997.
(5)The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance, attendance allowance, invalid care allowance (except in a case where the Department has made arrangements for it to be paid on a Wednesday) together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 7th April 1997.
(6)The increases in the sums specified for the rate of invalid care allowance in a case where the Department has made arrangements for it to be paid on a Wednesday together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of a widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents under section 107(1) of that Act, shall in all cases take effect on 9th April 1997.
(7)In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act, by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 7th April 1997.
(8)The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance together with, where appropriate, increases for dependants, shall in all cases take effect on 10th April 1997.
(9)The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 9th April 1997.
(10)In the case of a person who is subject to the provisions of regulations made under section 71(1)(b) of the Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in Article 4(3)(b) shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
(11)The increases in the sums specified in Articles 3 and 22(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount, shall take effect on—
(a)except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 7th April 1997;
(b)in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 1997,
and for the purposes of this paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations.
Article 8Earnings limits#
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £135·00 and the sums specified in paragraph (b) are £17·00 and £135·00 respectively.
Part III · Family Credit, Disability Working Allowance, Income Support and Housing Benefit
Article 21Housing benefit#
In the Housing Benefit (General) Regulations (Northern Ireland) 1987—
(a)in regulations 16(b) and 17(c) and in paragraph 14(a) of Part III of Schedule 2, in so far as they relate to rent, the sum specified is in each case £3,000;
(b)in regulation 63 (non-dependant deductions)—
(i)in paragraph (1)(b)(i) for “£6·00” there shall be substituted “£7·00”,
(ii)in paragraph (2)(a) for “£76·00” there shall be substituted “£78·00”,
(iii)in paragraph (2)(b) for “£76·00”, “£114·00” and “£12·00” there shall be substituted “£78·00”, “£116·00” and “£13·00” respectively,
(iv)in paragraph (2)(c) for “£114·00”, “£150·00” and “£16·00” there shall be substituted “£116·00”, “£152·00” and “£17·00” respectively, and
(v)in paragraph (2)(ca) for “£150·00” and “£32·00” there shall be substituted “£152·00” and “£33·00” respectively; and
(c)in Schedule 1 (ineligible service charges)—
(i)in paragraph 1A for “£17·10”, “£17·10”, “£8·65”, “£11·35”, “£11·35”, “£5·70” and “£2·05” there shall be substituted “£17·55”, “£17·55”, “£8·85”, “£11·65”, “£11·65”, “£5·85” and “£2·10” respectively, and
(ii)in paragraph 5(2) the sums specified are £9·25, £1·15, £0·80 and £1·15 respectively.
Contains public sector information licensed under the Open Government Licence v3.0.