Social Security Benefits Up-rating (No. 2) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/207 |
| Year | 2001 |
2001 No. 207
SOCIAL SECURITY
TERMS AND CONDITIONS OF EMPLOYMENT
The Social Security Benefits Up-rating (No. 2) Order 2000
Made 25th January 2001
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 sections 150(2) and 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 by sections 150 and 189(1), (3), (4) and (5) 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 (No. 2) Order 2000.
(2) Subject to paragraphs (3) to (9) of this article, this Order shall come into force for the purposes of—
(a)
(a) articles 1, 2, 6, 20 and 24 on 1st April 2001;
(b)
(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 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations;
(c)
(c) articles 3 to 5, 7 and 11 to 13, on 9th April 2001;
(d)
(d) article 9, on 6th April 2001;
(e)
(e) article 10, on 1st April 2001, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(2) of the Contributions and Benefits Act3, for which purpose it shall come into force on 9th April 2001;
(f)
(f) articles 14 and 15, on 12th April 2001;
(g)
(g) articles 16 to 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 9th April 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;
(h)
(h) article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 2nd April 2001, and in relation to any other case, on 1st April 2001;
(i)
(i) articles 21 to 23, 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 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.
(3) The increases made—
(a)
(a) in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act; and
(b)
(b) by article 21(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
(4) In so far as article 19(8) of this Order amends paragraph 15(1A) of Part IV of Schedule 2 to the Housing Benefit Regulations, it shall come into force on 9th April 2001, immediately after the coming into force of regulation 4 of the Social Security Amendment (Bereavement Benefits) Regulations 20004.
(5) In so far as article 20(7) of this Order amends paragraph 19(1A) of Part IV of Schedule 1 to the Council Tax Benefit Regulations, it shall come into force on 9th April 2001, immediately after the coming into force of regulation 5 of the Social Security Amendment (Bereavement Benefits) Regulations 2000.
(6) Subject to paragraph (7) below, in so far as articles 16(5), 19(8), 20(7) and 22(5) and (6) of this Order amend the provisions specified in paragraph (8) below (which specify amounts of bereavement premium and enhanced disability premium), they shall come into force immediately after the coming into force of—
(a)
(a) regulations 2 and 3 of the Social Security Amendment (Bereavement Benefits) Regulations 20005; and
(b)
(b) regulations 2, 3, 4 and 5 of the Social Security Amendment (Enhanced Disability Premium) Regulations 20006.
(7) Where, in relation to a particular beneficiary—
(a)
(a) both paragraph (6) and either of paragraphs (2)(g) or (i) above apply; and
(b)
(b) the coming into force dates specified in relation to those provisions would not coincide,
then, in such a case, the coming into force date for the purpose of paragraph (6) shall instead be the first day of the first benefit week to commence for that beneficiary after 9th April 2001.
(8) The provisions specified for the purposes of paragraph (6) are—
(a)
(a) paragraph 15(1A) and (8) of Part IV of Schedule 2 to the Income Support Regulations7;
(b)
(b) paragraph 15(9) of Part IV of Schedule 2 to the Housing Benefit Regulations8;
(c)
(c) paragraph 19(9) of Part IV of Schedule 1 to the Council Tax Benefit Regulations9;
(d)
(d) paragraph 20(1A) and (9) of Part IV of Schedule 1 to the Jobseeker’s Allowance Regulations10; and
(e)
(e) paragraph 20M(6) of Part IVB of Schedule 1 to the Jobseeker’s Allowance Regulations11.
(9) In so far as article 3(1) of this Order relates to bereavement payment (as referred to in Part II of Schedule 4 to the Contributions and Benefits Act) and to the rate of widowed parent’s allowance (as referred to in Part IV of Schedule 4 to that Act), it shall come into force immediately after the coming into force of section 54(2) of, and paragraph 14 of Schedule 8 to, the Welfare Reform and Pensions Act 199912.
Interpretation
2. In this Order, unless the context otherwise requires—
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 199613;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 199214;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 199215;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 198716;
“the Income Support Regulations” means the Income Support (General) Regulations 198717;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199618; and
“the Pension Schemes Act” means the Pension Schemes Act 199319.
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3.—(1) The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
(2) The sums mentioned in paragraph (1) above are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4.—(1) The sums specified in paragraphs (2), (3), (4) and (5) 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 Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3.3 per cent. of their amount apart from this Order.
(3) In section 44(4) of the Contributions and Benefits Act20(basic pension in a Category A retirement pension)—
(a)
(a) for the sum of £64.75 there shall be substituted the sum of £66.90; and
(b)
(b) for the sum of £67.50 there shall be substituted the sum of £72.50.
(4) It is hereby directed21that 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 2000–2001;
(b)
(b) the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act22(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 197523, section 63 of the Social Security Act 198624or section 150(1)(e) of the Social Security Administration Act 199225,
shall in each case be increased by 3.3 per cent. of their amount apart from this Order.
(5) The sums which are shared additional pensions26, and the sums which are increases in the rates of shared additional pensions under section 55C of the Contributions and Benefits Act27, shall be increased by 3.3 per cent. of their amounts apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5.—(1) It is hereby directed28that 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 15(1) of the Pension Schemes 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 17(2) and (3) of that Act), shall be increased by 3.3 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable...
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