Social Security Benefits Up-rating Order 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/320 |
1990 No. 320
SOCIAL SECURITYTERMS AND CONDITIONS OF EMPLOYMENTHOUSING, ENGLAND AND WALESHOUSING, SCOTLAND
The Social Security Benefits Up-rating Order 1990
Made 20th February 1990
Coming into force in accordance with article 1(2)
Whereas, the Secretary of State for Social Security having made a review under section 63(1) of the Social Security Act 19861, a draft of the following Order was laid before Parliament in accordance with the provisions of section 63(2) and section 83(3)(d) of that Act and approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Security, with the consent of the Treasury2, 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)
(a) articles 1, 2, 10, 18 and 19 on 1st April 1990;
(b)
(b) article 9 on 6th April 1990;
(c)
(c) articles 3, 4, 5, 6, 7, 8 and 11 on 9th April 1990;
(d)
(d) articles 12 and 13 on 10th April 1990;
(e)
(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)
(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)
(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 19753;
“the 1986 Act” means the Social Security Act 1986;
“the Pensions Act” means the Social Security Pensions Act 19754;
“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 19895;
“the Family Credit Regulations” means the Family Credit (General) Regulations 19876;
“the Income Support Regulations” means the Income Support (General) Regulations 19877; and
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19878.
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 Act9.
(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)10of 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)
(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)
(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 directed11that the sums which are–
(a)
(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)
(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)
(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 Act12or 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 order13.
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 Act14, 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 allowance15, 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 Act16, 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 Act17by 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.
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