Social Security Benefits Up-rating Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/349 |
1993 No. 349
SOCIAL SECURITYTERMS AND CONDITIONS OF EMPLOYMENT
The Social Security Benefits Up-rating Order 1993
Made 22th February 1993
Coming into force in accordance with article 1(2)
Whereas, the Secretary of State for Social Security having made a review under section 150(1) of the Social Security Administration Act 19921, a draft of the following Order was laid before Parliament in accordance with the provisions of section 150(2) and section 190(1)(a) 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 sections 150 and 189(1), (3) and (4) of the Social Security Administration Act 1992, 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 1993.
(2) This Order shall come into force for the purposes of—
(a)
(a) articles 1, 2, 20 and 22 on 1st April 1993;
(b)
(b) article 9 on 6th April 1993;
(c)
(c) article 10 on 4th April 1993;
(d)
(d) articles 3, 4, 5, 6, 7, 8, 11, 12 and 13 on 12th April 1993;
(e)
(e) articles 14, 15 and 21 on 13th April 1993;
(f)
(f) articles 16, 17, and 18, 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 12th April 1993, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;
(g)
(g) article 19(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 12th April 1993;
(h)
(h) except in a case to which sub-paragraph (g) applies, article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 1993, and in relation to any other case on 1st April 1993.
(3) The increases made by this Order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 6 of the Order.
Interpretation
2. In this Order, unless the context otherwise requires—
“the 1992 Act” means the Social Security Contributions and Benefits Act 19923;
“the Administration Act” means the Social Security Administration Act 19924;
“the Pensions Act” means the Social Security Pensions Act 19755;
“the Family Credit Regulations” means the Family Credit (General) Regulations 19876;
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 19917;
“the Income Support Regulations” means the Income Support (General) Regulations 19878;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regula tions 19879; and
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 199210.
PART II
SOCIAL SECURITY BENEFITS
Increases in rates or amounts of certain benefits under the 1992 Act
3.—(1) In this article, “Schedule 4” means Schedule 4 to the 1992 Act.
(2) The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 6 below; and Schedule 4 shall 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, increases for dependants and rates of industrial injuries benefit, respectively), except in Part III the sum specified for age addition.
Increases in rates or amounts of certain pensions or allowances under the 1992 Act
4.—(1) The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
(2) The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the 1992 Act (calculation of weekly rate of retirement allowance) shall be increased by 3.6 per cent. of their amount apart from this Order.
(3) In section 44(4) of the 1992 Act (basic pension in a Category A retirement pension)—
(a)
(a) for the sum of £51.95 there shall be substituted the sum of £53.80; and
(b)
(b) for the sum of £54.15 there shall be substituted the sum of £56.10.
(4) It is hereby directed11that the sums which are—
(a)
(a) the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1992/93,
(b)
(b) the increases in the rates of retirement pensions under Schedule 5 to the 1992 Act (increase of pension where entitlement is 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 Social Security Act 197512or section 63 of the Social Security Act 198613,
shall in each case be increased by 3.6 per cent.of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pensions Act
5.—(1) The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
(2) 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 occuptional 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—
(a)
(a) 3.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1987-88 and earlier tax years, and
(b)
(b) 0.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1988-89 and subsequent tax years14.
Dates on which sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act are increased by this Order
6.—(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 1992 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 sections 25(5), 31(6) or 33(4) of the 1992 Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 15th April 1993 and in relation to all other cases the increases in such sums shall take effect on 12th April 1993.
(3) The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 12th April 1993.
(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), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 12th April 1993.
(5) The increases in the sums specified for the rate of 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 paragraph 9(2) of Schedule 7 to the 1992 Act, 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 the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the 1992 Act, shall in all cases take effect on 14th April 1993.
(6) 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 50(2) of the 1992 Act 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 12th April 1993 and where it does not fall to be so increased the sum so specified shall take effect on 15th April 1993.
(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 15th April 1993.
(8) The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the 1992 Act (retirement allowance) shall take effect on 14th April 1993.
(9) In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the...
To continue reading
Request your trial