The Social Security Benefits Up-rating (No.2) Order 1987

• Citation: S.I. 1987/1978
• Sections: 48

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Social Security Benefits Up-rating (No.2) Order 1987 and shall come into force for the purposes of articles 1 and 9 on 3rd April 1988, for the purposes of articles 8 and 11 on 6th April 1988 and for all other purposes on 11th April 1988.

(2) In this Order, unless the context otherwise requires—

“the 1975 Act ” means the Social Security Act 1975 ;

“the 1986 Act ” means the Social Security Act 1986; and

“the Pensions Act ” means the Social Security Pensions Act 1975

Section 2 Alterations in rates or amounts of certain benefits under the 1975 Act

(1) In this article, “Schedule 4” means Schedule 4 to the 1975 Act

(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 rates or amounts of industrial injuries benefits, respectively), except in Part III the sum specified for age addition.

Section 3 Increase of rates or amounts of certain benefits under the Pensions Act

(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 pension in a 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 £37.85 there shall be substituted the sum of £39.45.

(b) except so far as mentioned in sub-paragraph (a) above, for the sum of £39.50 there shall be substituted the sum of £41.15.

(3) It is hereby directed that the sums which are the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1987/1988 shall be increased by 4.2 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 1 to the Pensions Act (increase of pension where pensioner defers retirement) shall be increased by 4.2 per cent.

(5) It is hereby declared that an amount equal to 4.2 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 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.

Section 4 Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are altered by this Order

(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 , 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 14th April 1988 and in relation to all other cases the increases in such sums shall take effect on 11th April 1988.

(3) The increase mentioned in article 3(5) shall take effect on 11th April 1988.

(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, child’s special allowance , 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), guardian’s allowance 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 11th April 1988.

(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 13th April 1988.

(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 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 11th April 1988 and in relation to all other cases the increase in such sum shall take effect on 14th April 1988.

(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 14th April 1988.

Section 5 Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975

In the Industrial Injuries and Diseases (Old Cases) Act 1975 the sum of £23.75 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 13th April 1988 the reference to that sum in section 2(6)(c), and from and including 14th April 1988 the reference to that sum in section 7(2)(b), shall accordingly have effect as references to £24.75.

Section 6 Increase in rate of graduated retirement benefit and increments thereof

(1) In the National Insurance Act 1965 the sum of 5.17 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 4.2 per cent.; and from and including 11th April 1988 the reference in that provision to that sum shall accordingly have effect as a reference to 5.39 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 (increases for deferred retirement) shall be increased by 4.2 per cent.

Section 7 Sum specified for child benefit

In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit)—

(a) in paragraph (1), the sum specified is £7.25; and

(b) in paragraph (2), the sum specified shall be increased from £4.70 to £4.90.

Section 8 Statutory Sick Pay

(1) The sums specified in section 7(1) of the Social Security and Housing Benefits Act 1982 (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) shall be increased in accordance with the provisions of this article with effect from 6th April 1988.

(2) The sums specified in section 7(1)(a) shall be increased from £47.20 and £76.50 to £49.20 and £79.50 respectively.

(3) The sum specified in section 7(1)(b) shall be increased from £32.85 to £34.25.

Section 9 Statutory Maternity Pay

The sum specified in regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) shall be increased from £32.85 to £34.25 with effect from 3rd April 1988.

Section 10 Earnings Limits

(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 (earnings limits for child dependency increases) shall be increased from £85, £10 and £85 to £90, £11 and £90 respectively.

Section 11 Transitional provision

Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1988 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or treated for the purpose of section 7(1) of the Social Security and Housing Benefits Act 1982 as not less than £76.50, they shall be treated as not less than £79.50 for the remainder of that period.

Section 12 Revocations

The Social Security Benefits Up-rating Order 1987 is hereby revoked.

Section 1

Unemployment or sickness benefit (section 14).

Section 1

Attendance allowance (section 35).

Section 1

Unemployment or sickness benefit—

(a) unemployment benefit, where the beneficiary is under pensionable age

Section 2

Severe disablement allowance (section 36).

Section 2

Invalidity pension

Section 2

Maximum disablement gratuity under section 57(5).

Section 3

Invalidity allowance (section 16).

Section 3

Invalid care allowance (section 37).

Section 3

Maternity allowance

Section 3

Disablement pension under section 57(6) (weekly rates).

Section 3A

Mobility allowance (section 37A).

Section 4

Maternity allowance (section 22).

Section 4

Guardian’s allowance (section 38).

Section 4

Widow’s allowance

Section 4

Unemployability supplement under section 58 (increase of weekly rate of disablement pension).

Section 5

Widow’s allowance (section 24).

Section 5

Category C retirement pension (section 39).

Section 5

Widowed mother’s allowance

Section 5

Increase under section 59 of weekly rate of unemployability supplement (early onset of incapacity for work).

Section 5A

Category D retirement pension (section 39) .

Section 6

Age addition (to a pension of any category, and otherwise under section 40).

Section 6

Category A or B retirement pension

Section 7

Category C retirement pension

Section 7

Maximum increase under section 61 of weekly rate of disablement pension where constant attendance needed.

Section 8

Child’s special allowance

Section 8

Increase under section 63 of weekly rate of disablement pension (exceptionally severe disablement).

Section 9

Category B retirement pension where section 29(7)(a)(i) applies.

Section 9

Severe disablement allowance

Section 10

Child’s special allowance (section 31).

Section 10

Invalid care allowance

Section 10

Increase under section 64 of weekly rate of disablement pension (dependent children).

Section 12

Increase under section 66(2) of weekly rate of disablement pension (adult dependant).

Section 13

Widow’s pension under section 68 (weekly rates)—

(a) initial rate

Section 14

Widower’s pension under section 69 (weekly rate).

Section 15

Weekly rate of allowance under section 70 in respect of children.

Section 16

Maximum under section 91(1) of aggregate of weekly benefit payable for successive accidents.