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Statutory Instrument 1987 No. 45

The Social Security Benefits Up-rating Order 1987

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1987 No. 45

SOCIAL SECURITY

The Social Security Benefits Up-rating Order 1987

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Made20th January 1987
Coming into force
 Articles 1(1), 8 and 10(2)1st April 1987
 remainder6th April 1987

    Whereas, the Secretary of State for Social Services having made a review under section 63(1) of the Social Security Act 1986[1], 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 Services, with the consent of the Treasury[2], 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:—
    Citation, commencement and interpretation
        1.—(1)  This order may be cited as the Social Security Benefits Up-rating Order 1987 and shall come into force in the case of Articles 1(1), 8 and 10(2) on 1st April 1987 and in the case of all other Articles on 6th April 1987.

        (2)  In this order, unless the context otherwise requires—
      "the 1975 Act" means the Social Security Act 1975[3];

      "the 1986 Act" means the Social Security Act 1986; and

      "the Pensions Act" means the Social Security Pensions Act 1975[4].

    Alterations in rates or amounts of certain benefits under the 1975 Act
        2.—(1)  In this Article, "Schedule 4" means Schedule 4 to the 1975 Act[5].

        (2)  The sums specified in paragraph (3) below shall be altered from and including the respective dates specified in Article 4 below; and Schedule 4 shall accordingly have effect as set out in the Schedule 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—
       (a) in Part I the sum specified for child's special allowance;
       (b) in Part III the sums specified for guardian's allowance and age addition;
       (c) in column (2) of Part IV the sums specified by way of increase for a dependent child; and
       (d) in Part V sums specified in respect of a dependent child.

    Increase of rates or amounts of certain benefits under the Pensions Act
        3.—(1)  The sums mentioned in paragraphs (2) to (5) below shall be increased from and including the respective dates specified in Article 4 below.

        (2)  In section 6(1)(a) of the Pensions Act (basic component of Category A retirement pension)—
       (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 £37.05 there shall be substituted the sum of £37.85;
       (b) except so far as mentioned in sub-paragraph (a) above, for the sum of £38.70 there shall be substituted the sum of £39.50.

        (3)  It is hereby directed that the sums which are the additional components in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1986/1987 shall be increased by 2.1 per cent. of their amount apart from this order.

        (4)  It is hereby directed that the sums payable by way of increases of retirement pensions under Schedule I to the Pensions Act (increase of pension where pensioner defers retirement) shall be increased by 2.1 per cent.

        (5)  It is hereby declared that an amount equal to 2.1 per cent. of the aggregate amount of the sums —
       (a) 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)); and
       (b) payable to such a person as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the 1975 Act[6] or section 63 of the 1986 Act,
    shall be payable by way of an increase of such a person's Category A or Category B retirement pension.
    Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are altered by this order
        4.—(1)  The alterations 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 such case in the following provisions of this Article.

        (2)  In relation to the case of a person over pensionable age who has not retired from regular employment 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 Act[7], the increases in the sums mentioned in Articles 2,3 and 6 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 9th April 1987 and in relation to all other cases the increases in such sums shall take effect on 6th April 1987.

        (3)  The increase mentioned in Article 3(5) shall take effect on 6th April 1987.

        (4)  The alterations in the amounts of maternity allowance, widow's allowance, widowed mother's allowance, widow's pension, Category C and D retirement pension, 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 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) shall in all cases take effect on 6th April 1987.

        (5)  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), disablement benefit (together with increases of disablement pension), maximum disablement gratuity under section 57(5) of the 1975 Act, increase of unemployability supplement under section 59 of the 1975 Act and maximum, under section 91(1) of the 1975 Act, of the aggregate of weekly benefit payable for successive accidents, shall be increased in all cases with effect from 8th April 1987.

        (6)  In relation to the case of a person whose 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 Act[8] 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 6th April 1987 and in relation to all other cases the increase in such sum shall take effect on 9th April 1987.

        (7)  The alterations in the rates or amounts of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increase for dependants), shall take effect in all cases on 9th April 1987.
    Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975
        5.    In the Industrial Injuries and Diseases (Old Cases) Act 1975[9] the sum of £23.25 referred to in section 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen's compensation) and section 7(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be further increased; and from and including 8th April 1987 the reference to that sum in section 2(6)(c), and from and including 9th April 1987 the reference to that sum in section 7(2)(b), shall accordingly have effect as references to £23.75.
    Increase in rate of graduated retirement benefit and increments thereof
        6.—(1)  In the National Insurance Act 1965[10] the sum of 5.06 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 2.1 per cent.; and from and including 6th April 1987 the reference in that provision to that sum shall accordingly have effect as a reference to 5.17 pence.

        (2)  It is hereby directed that the aggregate amount of any increases of graduated retirement benefit payable under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978[11] (increases for deferred retirement) shall be increased by 2.1 per cent.
    Increase in the rate of child benefit
        7.    In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976[12] (weekly rates of child benefit) —
       (a) in paragraph (1) for "£7. 10" there shall be substituted "£7.25";
       (b) in paragraph (2) for "£4.60" there shall be substituted "£4.70".
    Statutory Sick Pay
        8.    The sums specified in section 7(1) of the Social Security and Housing Benefits Act 1982[13] are —
       (a) in paragraph (a), £46.75 and £74.50 respectively;
       (b) in paragraph (b), £39.20, £74.50 and £55.50 respectively;
       (c) in paragraph (c), £31.60.
    Earnings Limits
        9.—(1)  The sum specified in subsection (1) of section 30 of the 1975 Act is £75 and the sums specified —
       (a) in paragraph (a) of that subsection, are £4, 5 pence and 10 pence respectively, and
       (b) in paragraph (b) of that subsection are £4, 5 pence, 10 pence, £4, 5 pence and 5 pence respectively.

        (2)  The sums specified in section 41(2B) of the 1975 Act[14] are £85, £10, and £85 respectively.
    Revocations
        10.—(1)  The Social Security Benefits Up-rating Order 1986[15] is hereby revoked.

        (2)  Articles 2 and 3(b) of the Statutory Sick Pay Up-rating Order 1986[16] are hereby revoked.


Signed by authority of the Secretary of State for Social Services.

John Major

Minister of State, Department of Health and Social Security

19th January 1987
We consent.

Michael Neubert

Mark Lennox Boyd Two of the Lords Commissioners of Her Majesty's Treasury

20th January 1987





Notes:

[1] 1986 c. 50

[2] See section 83(5) of the Social Security Act 1986.

[3] 1975 c. 14

[4] 1975 c. 60

[5] Schedule 4 was amended by section 21(1) and (2) of and Schedules 4 and 5 to, the Child Benefit Act 1975 (c. 61), section 22(2) of and paragraphs 62 and 63 of Schedule 4 to, the Social Security Pensions Act 1975, paragraph 13 of Schedule 1 to the Social Security Act 1979 (c. 18) and the Social Security Benefits Up-rating Order 1986 (S.I. 1986/1117).

[6] Section 126A was inserted by section 12 of the Social Security Act 1979 and repealed by the Social Security Act 1986, section 86, Schedule 11.

[7] Section 14(6) is amended by the Social Security Pensions Act 1975 (c. 60), section 65(1), Schedule 4, paragraph 39(b), and the Social Security Act 1979, section 21(4), Schedule 3, paragraph 6; and section 15(4) is amended by the Social Security Pensions Act 1975, section 65(1), Schedule 4, paragraph 40(c) and the Social Security Act 1979, section 21(4), Schedule 3, paragraph 7.

[8] Section 28(7) is amended by the Social Security (No.2) Act 1980 (c. 39), section 3(3).

[9] 1975 c. 16. Sections 2(6)(c) and 7(2)(b) were amended by the Social Security Benefits Up-rating Order 1986 (S.I. 1986/1117).

[10] 1965 c. 51. Section 36 was repealed by the Social Security Act 1973 (c. 38) but subsection (1) is now 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 the Schedule to those regulations as amended by Article 6 of the Social Security Benefits Up-rating Order 1986 (S.I. 1986/1117).

[11] S.I. 1978/393

[12] S.I. 1976/1267; the relevant amending instruments are S.I. 1977/1328, 1980/110, 1985/1243 and 1986/1172

[13] 1982 c. 24; the sums specified in section 7(1) as enacted were increased by S.I. 1983/123, 1947, 1984/2037 and 1986/67

[14] Section 41(2B) was inserted by the Health and Social Security Act 1984 (c. 48), s.13, Schedule 5, paragraph 3(c).

[15] S.I. 1986/1117

[16] S.I. 1986/67

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