text:
PART 1 General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Employers’ Duties (Registration and Compliance) Regulations 2010 and shall come into force on 1st October 2012.
2
In these Regulations —
“ the Act ” means the Pensions Act 2008;
“automatic re-enrolment date” has the same meaning as in section 5(8) of the Act;
“contributions made by an employer” means contributions payable by the employer–
on the employer’s own account (but in respect of the worker), or
on behalf of the worker out of deductions from the worker’s earnings;
“the employers’ duties” means sections 2 to 9 of the Act;
“employer duty provisions” has the same meaning as in section 34(3) of the Act;
“employer pension scheme reference” means —
in relation to an occupational pension scheme (except a scheme established under section 67 of the Act)–
a reference given by the Regulator (R) to the trustees or managers of a scheme (T), following the provision of registrable information to R by T, or
any reference provided to an employer by T evidencing the relationship between an employer and a qualifying scheme,
and any reference given within the meaning of this sub-paragraph may be in respect of that scheme or any section of that scheme;
in relation to a scheme established under section 67 of the Act, a reference given by that scheme prior to registration to an employer using the same scheme to comply with the employer duty provisions; or
in relation to a personal pension scheme, a reference given by that scheme prior to registration to an employer using the same scheme to comply with the employer duty provisions;
“ HMRC ” means Her Majesty’s Revenue and Customs;
“joining notice” means a notice given under section 9(2) of the Act (workers without qualifying earnings);
“late payment report” means a notice given by a trustee or manager of a trust or occupational or personal pension scheme to the Regulator under —
section 49(9)(b) of the Pensions Act 1995 ;
section 88(1) of that Act ; or
section 111A(7A) of the Pension Schemes Act 1993 ;
“opt in notice” means a notice given under section 7(3) of the Act (jobholder’s right to opt in);
“opt out notice” means a notice given under section 8 of the Act (jobholder’s right to opt out);
“ PAYE income” has the same meaning as in section 683 of the Income Tax (Earnings and Pensions) Act 2003 ;
“PAYE scheme” means the HMRC record allocated to an employer who —
employs; or
intends to employ,
a worker or workers to whom PAYE income is payable;
“registrable information” has the same meaning as in section 60 of the Pensions Act 2004 ;
“registration” means the process by which employers are required to provide the Regulator with information about action they have taken or intend to take for the purposes of–
any provision of sections 2 to 9 of the Act; and
any regulations made under those sections,
as set out in regulations 2 to 4 of these Regulations;
“retail price index” means —
the general index of retail prices (for all items) published by the Office for National Statistics; or
where that index is not published for a month, any substituted index or figures published by that Office;
“staging date” has the same meaning as in regulation 1 of the Employers’ Duties (Implementation) Regulations 2010 ; and
“the staging period” means the period which–
begins when the employers’ duties first apply to an employer of any description, under the Employers’ Duties (Implementation) Regulations 2010; and
ends when the employers’ duties apply to all employers described in those Regulations.
PART 2 Registration
Registration: General
2
1
An employer must provide information to the Regulator in the following cases —
a
after the staging date for that employer;
b
where the staging period has ended, within a period starting from the day on which PAYE income is payable in respect of any worker; or
c
i
where an employer makes arrangements under section 5(2) of the Act (automatic re-enrolment) by which a jobholder becomes an active member of an automatic enrolment scheme with effect from an automatic re-enrolment date, or
ii
where 3 years have passed since an employer last provided information to the Regulator.
2
Where an employer must provide the Regulator with information under regulations 3 to 4 but the final day of the period in regulations 3(1) or 4(1) which applies to that employer is not a working day, an employer may provide the Regulator with information on or before the next working day (and for the purposes of this paragraph “working day” means a day which is not a Saturday, Sunday, bank holiday or other public holiday).
3
In this regulation —
a
“bank holiday” means a day specified in paragraphs 1 and 2 of Schedule 1 to the Banking and Financial Dealings Act 1971 ; and
b
“information” means the information specified in regulations 3 and 4 required to be provided to the Regulator about action employers have taken or intend to take for the purposes of–
i
sections 2 to 9 of the Act, or
ii
any regulations made under those sections.
Registration: After staging date and new PAYE schemes
3
1
Where —
a
paragraph (1)(a) of regulation 2 applies, an employer must provide the information specified in paragraphs (2) and (3) of this regulation within the period of 2 months starting from the staging date; or
b
paragraph (1)(b) of regulation 2 applies, an employer must provide the information specified in paragraphs (2) and (3) of this regulation within the period of 3 months starting from the day on which PAYE income is payable in respect of any worker,
in relation to each of its PAYE schemes.
2
The specified information is —
a
the employer’s–
i
address and postcode, and
ii
registered companies house number, where one exists;
b
i
the name, telephone number, ordinary working address, and
ii
email address, where one exists,
of any person providing that specified information on behalf of the employer;
c
the capacity in which the person providing the information in sub-paragraph (a) works for (or has a relationship to) that employer;
d
where the employer must arrange active membership of an automatic enrolment scheme under section 3(2) of the Act–
i
the number of jobholders automatically enrolled under section 3(2) of the Act, as at the end of a period of one month beginning with either the staging date or the day on which the employers’ duties apply to that employer, whichever is applicable, and
ii
if the employer uses more than one pension scheme under those arrangements, the number of jobholders who became active members of each pension scheme;
e
where an employer is subject to–
i
section 4 (postponement of automatic enrolment), or
ii
section 30 (transitional period for defined benefits and hybrid schemes),
of the Act, the number of jobholders to whom those sections apply;
f
the number of workers in an employer’s PAYE scheme who, before whichever is applicable of–
i
the staging date, or
ii
the day on which the employers’ duties apply to that employer,
were active members of either an automatic enrolment scheme or, if the employer uses more than one pension scheme to comply with the employers’ duties, each of those pension schemes; and
g
the number of workers in an employer’s PAYE scheme in respect of whom sub-paragraphs (d), (e) or (f) of this paragraph do not apply.
3
Where an employer must arrange for a jobholder to become an active member of an automatic enrolment scheme under section 3(2) of the Act, that employer must also provide the following information to the Regulator about any pension scheme used to comply with those duties —
a
where that scheme–
i
is an occupational pension scheme, its name and, unless registrable information has already been provided to the Regulator by the trustees or managers of that scheme, its address, or
ii
is a personal pension scheme, the name and address of the provider of that scheme; and
b
the employer pension scheme reference.
4
All information provided to the Regulator by (or on behalf of) an employer under this regulation must be accompanied by a declaration that the information is, to the best of the employer’s knowledge and belief, correct and complete.
Registration: Re-registration
4
1
Where —
a
paragraph (1)(c)(i) of regulation 2 applies, an employer must provide the information specified in paragraph (3) of this regulation within the period of 2 months starting from an automatic re-enrolment date, in relation to each of its PAYE schemes; or
b
paragraph (1)(c)(ii) of that regulation applies, an employer must provide the information specified in paragraph (3) of this regulation at the end of 3 years starting from the last provision of information to the Regulator, in relation to each of its PAYE schemes,
and the time at which an employer provides that information is referred to in this regulation as the point of re-registration.
2
Paragraph (1)(a) applies in the case of an automatic re-enrolment date occurring by virtue of section 6(1)(b) of the Act but not in relation to any of the cases described in subsections (3) to (5) of that section.
3
The specified information is —
a
that specified in paragraph (2)(a) to (c) of regulation 3;
b
that specified in paragraph (3)(a) and (b) of that regulation;
c
where the employer must arrange active membership of an automatic enrolment scheme for any worker who is a jobholder under section 5(2) of the Act–
i
the number of jobholders automatically enrolled, as at the point of re-registration, and
ii
if the employer uses more than one pension scheme under those arrangements, the number of jobholders automatically enrolled into each pension scheme, as at the point of re-registration;
d
where an employer is subject to sections 4 or 30 of the Act, the number of jobholders to whom those sections apply;
e
the number of workers in an employer’s PAYE scheme who, before whichever occurs first of–
i
the automatic re-enrolment date, or
ii
the point of re-registration,
were active members of either an automatic enrolment scheme or, if the employer uses more than one pension scheme to comply with the employers’ duties, each of those pension schemes; and
f
the number of workers in an employer’s PAYE scheme in respect of whom sub-paragraphs (c), (d) or (e) of this paragraph do not apply.
4
All information provided to the Regulator by (or on behalf of) an employer under this regulation must be accompanied by a declaration that the information is, to the best of the employer’s knowledge and belief, correct and complete.
PART 3 Compliance
Records and information
Requirement to keep records
5
1
The persons in paragraph (2) must —
a
keep the records listed within the regulation applicable to them;
b
preserve the records for a period in accordance with regulation 8; and
c
provide those records, on request, to the Regulator.
2
The persons are, subject to paragraphs (5) and (6), any person who is —
a
an employer;
b
a trustee or manager of an occupational pension scheme; or
c
a provider of a personal pension scheme.
3
Regulation 6 applies in respect of a person falling within paragraph (2)(a).
4
Regulation 7 applies in respect of a person falling within paragraph (2)(b) or (c).
5
Where a person does not fall within paragraph (2), that person may keep, preserve or provide the records listed in regulations 6 and 7 on behalf of a person falling within paragraph (2) but only where a person falling within paragraph (2) authorises the other person to do so.
6
A person who has ceased to act as a person falling within paragraph (2) shall not be required to keep records, where that person has transferred all the records to another person who has succeeded them in that capacity.
7
All records must be kept in such form and manner so that they are —
a
capable of being arranged according to the corresponding employer pension scheme reference; and
b
legible or can be provided to the Regulator in a legible form.
Records: Employers
6
1
A person falling within paragraph (2)(a) of regulation 5 must keep the following records in relation to an occupational or personal pension scheme used by them to comply with the employers’ duties —
a
where that scheme–
i
is an occupational pension scheme, its name and address,
ii
is a personal pension scheme, the name and address of the provider of that scheme, or
iii
does not have its main administration in the United Kingdom, the address of that scheme and the name of any authority which exercises functions corresponding to the functions of the Regulator in the country or territory outside the United Kingdom where that scheme is situated;
b
the employer pension scheme reference;
c
where section 21 of the Act (quality requirement: UK defined benefits schemes) applies, a copy of the certificate issued in respect of a jobholder under section 7(1) of the Pension Schemes Act 1993 ;
d
where section 22 of the Act (test scheme standard) applies, any evidence which shows that a scheme satisfies the test scheme standard within the meaning of that section, given in accordance with any regulations made under subsection (4) of that section;
e
the name, national insurance number (where one exists) and date of birth of–
i
every jobholder of an employer who became an active member of an automatic enrolment scheme pursuant to arrangements made under section 3 of the Act,
ii
every jobholder of an employer who was not an active member of a qualifying scheme but who by notice required the employer to arrange for the jobholder to become an active member of an automatic enrolment scheme pursuant to arrangements made under section 7 of the Act, and
iii
every worker who by notice required an employer to arrange for the worker to become an active member of a pension scheme pursuant to arrangements made under section 9 of the Act;
f
every jobholder’s automatic enrolment date, and the date with effect from which every worker became an active member of a pension scheme that satisfies the requirements of section 9 of the Act, pursuant to arrangements made under that section;
g
an opt in notice in respect of every jobholder who gave notice under section 7(3) of the Act;
h
a joining notice in respect of every worker who gave notice under section 9(2) of the Act; and
i
an opt out notice in respect of every jobholder that gives notice under section 8 of the Act.
2
A person falling within paragraph (2)(a) of regulation 5 must also keep the following records in respect of every jobholder or worker falling within paragraph (1)(e) where contributions fall to be deducted by an employer under section 33 of the Act and regulations made under that section —
a
their gross earnings in any relevant pay reference period;
b
evidence of the contributions that the jobholder’s employer must pay in respect of the jobholder, in order to satisfy the quality requirement for the pension scheme used by the employer to comply with the employers’ duties;
c
the contributions payable by an employer during each relevant pay reference period and, if different, the contributions made; and
d
the date on which the contributions made by an employer were paid to the pension scheme used by the employer to comply with the employers’ duties.
3
In this regulation —
a
“earnings” has the meaning given by section 13(3) of the Act; and
b
“relevant pay reference period” means–
i
a period of one week, or
ii
in the case of a person who is paid their regular wage or salary by reference to a period longer than a week, that period.
Records: Trustees, managers and providers
7
1
A person falling within paragraph (2)(b) or (c) of regulation 5 must keep the following records —
a
the employer pension scheme reference;
b
i
the date on which every jobholder became an active member of a pension scheme, by virtue of arrangements made under section 3 of the Act, and
ii
the date with effect from which every worker became an active member of a pension scheme that satisfies the requirements of section 9 of the Act, by virtue of arrangements made under that section;
c
where–
i
a jobholder gives an opt out notice to an employer, and
ii
any regulations under section 8(5)(e) of the Act require that employer to inform a pension scheme that such a notice has been received by it,
the name of the jobholder mentioned in the opt out notice and the date on which that scheme was informed by virtue of that requirement; and
d
where a jobholder had been an active member of a qualifying scheme, the date on which the jobholder ceased active membership of that scheme.
2
A person falling within paragraph (2)(b) or (c) of regulation 5 must also keep the following records in relation to all persons who are members of a qualifying scheme —
a
their full name, date of birth, gender and national insurance number (as received by the trustee or manager of an occupational pension scheme or provider of a personal pension scheme);
b
i
their postal residential address, and
ii
where that address is in the United Kingdom, the postcode,
last known by or notified to that scheme or employer; and
c
whether–
i
a member is an active member of a scheme, or
ii
a member is no longer an active member of a scheme.
Period of preservation of records
8
1
Except where paragraph (2) applies, a record listed in regulations 6 and 7 must be preserved for a period of 6 years, starting on the day on which the record must first be kept.
2
Paragraph (1) does not apply to any record which is kept under paragraph (1)(i) of regulation 6 or under paragraph (1)(c) of regulation 7, in which case the record must be preserved for 4 years, starting on the day on which the record must first be kept.
Payment Failures
Unpaid relevant contributions
9
For the purposes of section 38(2) of the Act, the prescribed period after the appropriate date is 3 months.
Contributions: Requirement to pay interest
10
1
For the purposes of section 38(2)(e) of the Act, the rate at which interest must be paid on an amount required by a notice to be paid (“the rate”) is determined by the Regulator in accordance with paragraph (2).
2
The rate comprises a fixed component and a flexible component where —
a
the fixed component is 4.2%; and
b
the flexible component is–
i
the percentage change in the retail price index applicable for the month during which the Regulator issues a notice, or
ii
where the retail price index applicable for the month during which the Regulator issues a notice is not published, the percentage change in that index for the preceding month.
3
For the purposes of section 38(2)(e) of the Act, the period in respect of which interest must be paid on an amount required by a notice —
a
begins with the appropriate date; and
b
ends when an employer complies with a notice by–
i
taking, or refraining from taking, the steps specified in a compliance notice, or
ii
paying into a pension scheme an amount in respect of relevant contributions that had not been paid, as specified in an unpaid contributions notice.
4
In this regulation, “interest” means simple interest calculated from day to day.
Contributions: Estimating contributions
11
1
The Regulator may estimate the amount of contributions that an employer has failed to pay on behalf or in respect of a worker by applying the formula —
E
12
x 8 % x N x M
where–
E is the maximum qualifying earnings in a pay reference period of 12 months, as defined by section 13(1)(b) of the Act;
N is either–
the number of jobholders in respect of whom the Regulator is of the opinion that the employer has–
contravened one or more of the employer duty provisions, or
not paid relevant contributions on or before the due date (within the meaning of section 37(3) of the Act); or
where in the Regulator’s opinion the number in (a) is not known, the number of persons in the employer’s PAYE scheme,
at the time that the Regulator makes the estimate; and
M is the number of months from–
the contravention of one or more of the employer duty provisions; or
the failure to pay contributions on behalf or in respect of the worker,
until the Regulator makes the estimate.
2
Other than information provided by the employer, when estimating the amount of contributions under this regulation, the Regulator may use the sources of information set out in paragraph (3).
3
The sources of information are —
a
a late payment report;
b
anything reported or sent to the Regulator by any person, including–
i
a trustee or manager of an occupational pension scheme,
ii
a provider of a personal pension scheme, and
iii
a member of either an occupational or personal pension scheme; or
c
any information disclosed to the Regulator under section 88 of the Pensions Act 2004 (tax information).
Penalties
Fixed penalty notices
12
Where the Regulator issues a fixed penalty notice to a person under subsection (1) or (2) of section 40 of the Act, the penalty is £400.
Escalating penalty notices
13
1
Where an escalating penalty notice is issued to a person —
a
in respect of a failure to comply with a third party compliance notice under section 36 of the Act; or
b
i
in respect of a failure to comply with a notice specified in paragraph (2)(a) or (b), and
ii
that failure was by a person other than an employer,
the prescribed daily rate is £200.
2
Paragraph (3) applies where an escalating penalty notice is issued to an employer in respect of a failure to comply with —
a
a compliance notice under section 35 of the Act;
b
a notice under section 72 of the Pensions Act 2004 (provision of information); or
c
an unpaid contributions notice under section 37 of the Act.
3
Except where paragraph (1) applies, the prescribed daily rate is to be determined in accordance with Table 1 and the following paragraphs.
Table 1
Number of persons Prescribed daily rate (£)
1-4
5-49
50-249
250-499
500 or more
50
500
2500
5000
10000
4
In the first column of Table 1, the expression “Number of persons” is to be construed in accordance with paragraphs (5) and (6).
5
Where–
a
paragraph (2)(a) or (b) apply, it is the number of persons within an employer’s PAYE scheme (or where the Regulator is of the opinion that for any reason that employer has more than one PAYE scheme, the total number of persons within those schemes), but where in the Regulator’s opinion this number is not known, paragraph (7) applies;
b
paragraph (2)(c) applies, it is–
i
the number of workers in respect of whom the Regulator is of the opinion that the employer has not paid relevant contributions on or before the due date (within the meaning of section 37(3) of the Act); or
ii
where in the Regulator’s opinion the number in (i) is not known, the number of persons within an employer’s PAYE scheme (or where the Regulator is of the opinion that for any reason that employer has more than one PAYE scheme, the total number of persons within those schemes),
but where in the Regulator’s opinion the number in (ii) is not known, paragraph (7) applies.
6
In this regulation, the Regulator must use the latest information reasonably available to it up to and including the day on which the Regulator issues an escalating penalty notice —
a
where paragraph (2)(a) and (b) apply, disclosed to it under section 88 of the Pensions Act 2004; and
b
where paragraph (2)(c) applies–
i
contained in a late payment report,
ii
contained in a report given to the Regulator under section 70 of the Pensions Act 2004, or
iii
disclosed to it under section 88 of the Pensions Act 2004.
7
Where this paragraph applies, the prescribed daily rate must be treated as being £50.
Penalty notices: Prohibited recruitment conduct
14
1
This regulation applies where the Regulator issues a penalty notice to an employer if the Regulator is of the opinion that the employer —
a
has contravened section 50 of the Act; or
b
has failed to comply with a compliance notice under section 51 of the Act.
2
The penalty is to be determined in accordance with Table 2 and the following paragraphs.
Table 2
Number of persons Penalty (£)
1-4
5-49
50-249
250 or more
1000
1500
2500
5000
3
In the first column of Table 2, the expression “Number of persons” is to be construed in accordance with paragraphs (4) and (5).
4
It is the number of persons within an employer’s PAYE scheme (or where the Regulator is of the opinion that for any reason that employer has more than one PAYE scheme, the total number of persons within those schemes), but where in the Regulator’s opinion this number is not known, paragraph (6) applies.
5
In this regulation, the Regulator must use the latest information —
a
reasonably available to it up to and including the day on which it issues a penalty notice; and
b
disclosed to it under section 88 of the Pensions Act 2004.
6
Where this paragraph applies, the penalty must be treated as being £1000.
Review and issue of notices
Review and issue of notices
15
1
The period within which an application to review a notice may be made under section 43(1)(a) of the Act (written application of a person) is 28 days, starting from the day a notice is issued to a person.
2
The period within which a notice may be reviewed under section 43(1)(b) of the Act (review by the Regulator) is 18 months, starting from the day a notice is issued to a person.
3
The presumptions in paragraph (4) apply where notices to which section 43 applies are issued (including compliance notices issued under section 51 of the Act and penalty notices issued under section 52 of the Act).
4
For the purposes of this regulation, it is presumed that —
a
where a notice is given a date by the Regulator, it was posted or otherwise sent on that day;
b
if a notice is posted or otherwise sent to a person’s last known or notified address, it was issued on the day on which that notice was posted or otherwise sent; and
c
a notice was received by the person to whom it was addressed.
Inducements
Inducements
16
For the purposes of subsection (3) of section 54 of the Act, the Regulator may not issue a compliance notice in respect of a contravention of that section unless the contravention occurred within —
a
6 months before the time when a complaint was made to the Regulator about the contravention; or
b
4 years before the time when the Regulator informed the employer of an investigation of the contravention, if no complaint was made before that time.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
5th January 2010


type: legislation

jurisdiction: UK

text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Credit Rating Agencies Regulations 2010 and shall come into force on 7th June 2010.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000;
“ the Authority ” means the Financial Services Authority;
“the EC Regulation ” means Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies ;
“ overseas competent authority ” means an authority designated by a Member State other than the United Kingdom in accordance with Article 22(1) of the EC Regulation (competent authorities);
“ protected item ” has the same meaning as in section 413 of the Act ( protected items ).
2
Expressions used in these Regulations which are listed in Article 3 of the EC Regulation (definitions) have the meaning given in that Article.
PART 2 The Authority
Designation of competent authority
3
The Authority is the competent authority for the purposes of the EC Regulation.
Fees
4
A registration or supervisory fee charged by the Authority under Article 19 of the EC Regulation (registration and supervisory fees) may be recovered as a debt owed to the Authority.
Disclosure of confidential information
5
Section 348(1) of the Act (restrictions on disclosure of confidential information by Authority etc ) does not prevent the Authority from disclosing confidential information where the disclosure is permitted by the EC Regulation.
Guidance
6
1
The Authority may give guidance consisting of such information and advice as it considers appropriate with respect to —
a
the operation of the EC Regulation or these Regulations;
b
any matter relating to the functions of the Authority under the EC Regulation;
c
any other matter about which it appears to the Authority to be desirable to give information or advice in connection with the EC Regulation or these Regulations.
2
The Authority may —
a
publish its guidance;
b
offer copies of its published guidance for sale at a reasonable price;
c
if it gives guidance in response to a request made by any person, make a reasonable charge for that guidance.
Miscellaneous
7
The functions of the Authority under the EC Regulation are to be treated for the purposes of Part 1 (general) and paragraphs 13 (status) and 19 (exemption from liability in damages) of Schedule 1 to the Act as functions conferred on the Authority under the Act.
PART 3 Applications for certification and registration
Language for applications
8
Where a credit rating agency submits an application for registration under Article 15 of the EC Regulation (application for registration), the application must be in English if the United Kingdom is the home Member State of that agency.
Approval decisions
9
Where the Authority adopts —
a
a certification decision in respect of an application for certification submitted by a credit rating agency under Article 5(2) of the EC Regulation (equivalence and certification based on equivalence); or
b
a registration decision in respect of an application for registration submitted by a credit rating agency under Article 15 of the EC Regulation,
the decision takes effect when it is adopted.
Refusal decisions
10
Where the Authority adopts a refusal decision in respect of an application for certification submitted by a credit rating agency under Article 5(2) of the EC Regulation, or an application for registration submitted by a credit rating agency under Article 15 of the EC Regulation, the decision takes effect —
a
on the expiry of the time period within which the credit rating agency may refer the matter to the Upper Tribunal under sub-paragraph (a) or (c) of regulation 29(1) ; or
b
if the credit rating agency refers the matter to the Upper Tribunal within that period, on the determination of that reference, unless the Upper Tribunal directs otherwise.
PART 4 Investigatory Powers
Application of this Part
11
The powers conferred on the Authority by this Part —
a
may only be used to obtain information, documents or a report which is necessary for the exercise of the Authority’s functions under the EC Regulation; and
b
may not be used to require the production, disclosure or inspection of a protected item.
Interpretation of this Part
12
In this Part —
“document” includes information recorded in any form;
“information requirement” means a requirement imposed by the Authority under regulation 13(1) , or by an investigator under sub-paragraph (a) or (b) of regulation 16(1) ;
“investigator” means a person appointed to conduct an investigation under regulation 15(1) ;
“person under investigation” means a person who is the subject of an investigation under regulation 15(1) ;
“premises” includes a vehicle;
“relevant person” means any of the persons referred to in the last sub-paragraph of Article 23(3) of the EC Regulation.
Information and documents
13
1
A relevant person must give the Authority such information or documents as the Authority may direct.
2
Information or documents required under this regulation must be given at such times, in such form and at such place, and verified in such manner, as the Authority may reasonably direct.
Reports by skilled persons
14
1
The Authority may, by written notice, require a credit rating agency which is registered in accordance with the EC Regulation to provide the Authority with a report on any relevant matter.
2
The Authority may require the report to be in such form, and to be provided by such date, as may be specified in the notice.
3
The person appointed to make a report required under paragraph (1) (the “skilled person”) must be a person —
a
nominated or approved by the Authority; and
b
appearing to the Authority to have the skills necessary to make a report on the matter concerned.
4
The agency must —
a
require the skilled person to prepare a report in accordance with the notice;
b
permit the skilled person to disclose information to the Authority in accordance with paragraph (5)(b) ; and
c
give the skilled person such assistance as the skilled person may reasonably require.
5
The skilled person must —
a
give the Authority such assistance in connection with the report as the Authority may reasonably require; and
b
disclose to the Authority any information which —
i
the skilled person receives in their capacity as a skilled person; and
ii
might reasonably suggest that the agency has not complied with a requirement imposed on the agency by the EC Regulation.
6
A relevant person who is providing, or who has provided, services to the reporting agency in relation to a matter on which a report is required under paragraph (1) must give the skilled person such assistance as the skilled person may reasonably require.
7
The obligations imposed by paragraphs (4) to (6) are enforceable, on the application of the Authority, by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988 .
Investigations
15
1
If it appears to the Authority that there is good reason for doing so, the Authority may appoint a competent person to conduct an investigation on its behalf.
2
Only a relevant person who is, or has been, a credit rating agency or a member of the senior management of such an agency may be the subject of an investigation under paragraph (1) .
3
The Authority must give written notice of the appointment of an investigator to the person under investigation.
4
The notice under paragraph (3) must state the reason for the investigator’s appointment.
5
Nothing prevents the Authority from appointing a person who is a member of its staff as an investigator.
6
An investigator must make a report of the investigation to the Authority.
7
The Authority may, by a direction to an investigator, control —
a
the scope of the investigation;
b
the period during which the investigation is to be conducted;
c
the conduct of the investigation; and
d
the reporting of the investigation.
8
A direction may, in particular —
a
confine the investigation to particular matters;
b
extend the investigation to additional matters;
c
require the investigator to discontinue the investigation or to take only such steps as are specified in the direction;
d
require the investigator to make such interim reports as are so specified.
9
If there is a change in the scope or conduct of the investigation and, in the opinion of the Authority, the person under investigation is likely to be significantly prejudiced by not being made aware of it, that person must be given written notice of the change.
10
Paragraphs (3) and (9) do not apply if the notice required by paragraph (3) or (9) would be likely to result in the investigation being frustrated.
Investigators: powers and evidence
16
1
An investigator may require a relevant person to —
a
attend before the investigator at a specified time and place and answer questions;
b
give the investigator such information or documents as the investigator may require; or
c
give the investigator all assistance in connection with the investigation as the person is reasonably able to give.
2
A requirement under paragraph (1) —
a
may be imposed only so far as the investigator reasonably considers the question, the provision of the information or production of the document, or the assistance to be relevant to the purposes of the investigation; and
b
may not be imposed so as to require the production, disclosure or inspection of a protected item.
3
Information or documents required under paragraph (1)(b) must be given at such times, in such form and at such place, and verified in such manner, as the investigator may reasonably direct.
4
Section 174 of the Act (admissibility of statements made to investigators) applies for the purposes of these Regulations as it applies for the purposes of the Act with the following modifications —
a
in subsection (2), omit “or in proceedings in relation to action to be taken against that person under section 123”;
b
at the end of subsection (3)(a) insert “as applied by regulations 24 and 25 respectively of the Credit Rating Agencies Regulations 2010”; and
c
for subsections (4) and (5), substitute —
4
“Investigator” and “information requirement” have the meaning given in regulation 12 of the Credit Rating Agencies Regulations 2010.
.
Information and documents: supplemental provisions
17
Section 175 of the Act (information and documents: supplemental provisions) applies for the purposes of these Regulations as it applies for the purposes of Part 11 of the Act (information gathering and investigations) with the following modifications —
a
omit subsection (1);
b
in subsection (2)(b), omit “, or any relevant person,”;
c
omit subsection (7); and
d
for subsection (8) substitute —
8
“Investigator” means a person appointed to conduct an investigation under regulation 15(1) of the Credit Rating Agencies Regulations 2010.
.
Entry of premises under warrant
18
1
A justice of the peace may, on an application by the Authority, issue a warrant under this regulation if satisfied on information on oath given on behalf of the Authority, an overseas competent authority or an investigator that there are reasonable grounds for believing that the first or second set of conditions is satisfied.
2
The first set of conditions is —
a
that a person on whom an information requirement has been imposed has failed (wholly or in part) to comply with it; and
b
that on the premises specified in the warrant —
i
there are documents which have been required; or
ii
there is information which has been required.
3
The second set of conditions is —
a
that the premises specified in the warrant are premises used by a relevant person;
b
that there are on the premises documents or information in relation to which an information requirement could be imposed; and
c
that if such a requirement were imposed —
i
it would not be complied with; or
ii
the documents or information to which it related would be removed, tampered with or destroyed.
4
A warrant under this regulation shall authorise a constable —
a
to enter the premises specified in the warrant;
b
to search the premises and take possession of any documents or information appearing to be documents or information of a kind in respect of which a warrant under this regulation was issued (“the relevant kind”) or to take, in relation to any such documents or information, any other steps which may appear to be necessary for preserving them or preventing interference with them;
c
to take copies of, or extracts from, any documents or information appearing to be of the relevant kind;
d
to require any person on the premises to provide an explanation of any document or information appearing to be of the relevant kind or to state where it may be found; and
e
to use such force as may be reasonably necessary.
5
In England and Wales, sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 (execution of search warrants and safeguards) apply to warrants issued under this regulation.
6
In Northern Ireland, Articles 17(5) to (8) and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 apply to warrants issued under this regulation.
7
Any document of which possession is taken under this regulation may be retained —
a
for a period of three months; or
b
if within that period proceedings to which the document is relevant are commenced against any person for any criminal offence, until the conclusion of those proceedings.
8
In the application of this regulation to Scotland —
a
for the reference in paragraph (1) to a justice of the peace substitute a reference to a justice of the peace or a sheriff; and
b
for the reference in paragraph (1) to information on oath substitute a reference to evidence on oath.
9
In the application of this regulation to Northern Ireland, for the reference in paragraph (1) to a justice of the peace substitute a reference to a lay magistrate appointed under section 9(1) of the Justice (Northern Ireland) Act 2002 .
PART 5 Supervisory measures
Appropriate measures
19
1
The Authority may for the purposes of Article 24(1)(d) (supervisory measures by the competent authorities of the home Member State) or Article 25(1)(b) (supervisory measures by competent authorities other than the competent authority of the home Member State) of the EC Regulation —
a
direct a credit rating agency to take such specified steps as are necessary for the purpose of securing its compliance with the EC Regulation; or
b
apply for an injunction under regulation 20 .
2
Where the Authority proposes to give a credit rating agency a direction under paragraph (1)(a) , the Authority must give the agency a warning notice.
3
A credit rating agency must comply with any directions given to it by the Authority under paragraph (1)(a) .
4
Paragraph (1) does not prevent the Authority from taking any other measures under Article 24(1) or 25(1) of the EC Regulation.
Injunctions
20
1
If, on the application of the Authority, the court is satisfied that —
a
there is a reasonable likelihood that a person will contravene a relevant requirement, or
b
a person has contravened a relevant requirement and there is a reasonable likelihood that the contravention will continue or be repeated,
the court may make an order restraining (or in Scotland an interdict prohibiting) the contravention.
2
If, on the application of the Authority, the court is satisfied that —
a
a person has contravened a relevant requirement, and
b
there are steps which could be taken for remedying the contravention,
the court may make an order requiring that person, and any person who has been knowingly concerned in the contravention, to take such steps as the court may direct to remedy it.
3
The jurisdiction conferred by this regulation is exercisable by the High Court and the Court of Session.
4
In paragraph (2) , references to remedying a contravention include references to mitigating its effect.
5
“Relevant requirement” means a requirement which is imposed by virtue of the EC Regulation or by a direction given under regulation 19(1)(a) .
PART 6 Penalties and offences
Financial penalties
21
1
The Authority may impose a penalty of such amount as it considers appropriate on a person —
a
which is, or has been, a credit rating agency and which has contravened a requirement imposed on that person by the EC Regulation; or
b
who has contravened a requirement imposed on that person by or under these Regulations.
2
Where a credit rating agency has contravened a requirement imposed on the agency by the EC Regulation, or by or under these Regulations, the Authority may impose a penalty of such amount as it considers appropriate on any member of the senior management of the agency who has been knowingly concerned in the contravention.
3
Where the Authority proposes to impose a penalty under this regulation, it must give the person concerned a warning notice.
4
A penalty imposed under this regulation is payable to the Authority.
5
The Authority may not take action against a person under paragraph (2) after the end of the period of three years beginning with the first day on which it knew of the contravention unless proceedings against that person, in respect of the contravention, were begun before the end of that period.
6
For the purposes of paragraph (5) —
a
the Authority is to be treated as knowing of a contravention if it has information from which the contravention can reasonably be inferred; and
b
proceedings against a person in respect of a contravention are to be treated as begun when a warning notice is given to that person under paragraph (3) .
Statements of policy
22
1
Sections 69 (statement of policy) and 70 (statements of policy: procedure) of the Act apply in respect of the imposition and amount of penalties under regulation 21(2) as they apply in respect of the imposition and amount of penalties under section 66 of the Act (disciplinary powers), but with the following subsection inserted at the end of section 69 —
9
Until such time as a statement of policy has been issued in respect of the imposition and amount of penalties under regulation 21(2) of the Credit Rating Agencies Regulations 2010, any statement issued under this section in relation to penalties under section 66 shall also apply for the purposes of this section as applied by regulation 22(1) of the Credit Rating Agencies Regulations 2010.
.
2
Sections 210 (statements of policy) and 211 (statements of policy: procedure) of the Act apply in respect of the imposition and amount of penalties under regulation 21(1) as they apply in respect of the imposition and amount of penalties under Part 14 of the Act (disciplinary measures), but with the following subsection inserted at the end of section 210 —
9
Until such time as a statement of policy has been issued in respect of the imposition and amount of penalties under regulation 21(1) of the Credit Rating Agencies Regulations 2010, any statement issued under this section in relation to penalties under this Part shall also apply for the purposes of this section as applied by regulation 22(2) of the Credit Rating Agencies Regulations 2010.
3
In determining its policy with respect to the amount of penalties to be imposed by it under regulation 21 , the Authority must take no account of the expenses which it incurs, or expects to incur, in discharging its functions under the EC Regulation.
4
The Authority must apply amounts paid to it by way of penalties imposed under regulation 21 towards expenses incurred in carrying out its functions under the EC Regulation or for any incidental purposes.
Publication of penalties
23
1
Where the Authority has —
a
imposed a penalty on a person under regulation 21 ; and
b
given that person a final notice about the penalty under section 390(5) of the Act (final notices) as applied by regulation 30 ,
it must publish a statement that it has imposed the penalty on that person.
2
Where the Authority publishes a statement under paragraph (1) , it may publish such details of the penalty as it considers appropriate.
3
Paragraph (1) does not apply where publication would seriously jeopardise the financial markets or cause disproportionate damage to any party involved.
Offences relating to investigatory powers
24
Section 177 of the Act (offences) applies for the purposes of Part 4 of these Regulations as it applies for the purposes of Part 11 of the Act (information gathering and investigations) with the following modifications —
a
in subsection (5)(a) —
i
for “six months” substitute “three months”; and
ii
for “the statutory maximum” substitute “level 5 on the standard scale”;
b
in subsection (6), for “section 176” substitute “regulation 18 of the Credit Rating Agencies Regulations 2010”; and
c
after subsection (7) insert —
8
“Investigator” means a person appointed to make a report required under regulation 14(1) of the Credit Rating Agencies Regulations 2010, or a person appointed to conduct an investigation under regulation 15(1) of those Regulations.
Offence of misleading the Authority
25
Section 398 of the Act (misleading the Authority: residual cases) applies in respect of requirements imposed by the EC Regulation, or by or under these Regulations, as it applies in respect of requirements imposed by or under the Act, but for the reference to “the statutory maximum” in section 398(3)(a) substitute a reference to “level 5 on the standard scale”.
Offences by bodies corporate etc
26
Section 400 of the Act (offences by bodies corporate etc) applies for the purposes of these Regulations as it applies for the purposes of the Act, but with subsection (7) omitted.
Proceedings for offences
27
Section 401 of the Act (proceedings for offences) applies for the purposes of these Regulations as it applies for the purposes of the Act with the following modifications —
a
in subsection (1), omit “or subordinate legislation made under this Act”;
b
in subsections (2)(a) and (3)(a), omit “or the Secretary of State”; and
c
omit subsection (4).
Unincorporated associations
28
Section 403 of the Act (jurisdiction and procedure in respect of offences) applies for the purposes of these Regulations as it applies for the purposes of the Act.
PART 7 Appeals
Appeals
29
1
If the Authority —
a
adopts a refusal decision in respect of an application for certification submitted by a credit rating agency under Article 5(2) of the EC Regulation;
b
adopts a refusal decision in respect of an application for an exemption under Article 5(4) or Article 6(3) (independence and avoidance of conflicts of interest) of the EC Regulation;
c
adopts a refusal decision in respect of an application for registration submitted by a credit rating agency under Article 15 of the EC Regulation;
d
withdraws the certification or registration of a credit rating agency under Article 20(1) of the EC Regulation (withdrawal of registration);
e
takes action against a person under paragraphs (a) to (e) of Article 24(1), or paragraphs (a) to (c) of Article 25(1), of the EC Regulation;
f
gives a credit rating agency a direction under regulation 19(1)(a) ; or
g
imposes a penalty on a person under regulation 21 ,
the credit rating agency or the person concerned may refer the matter to the Upper Tribunal.
2
Where a reference is made to the Upper Tribunal by a credit rating agency under paragraph (1)(a) or (c) , and an overseas competent authority does not agree to the certification or registration of the agency, the Upper Tribunal is not required to determine for the purposes of section 133(5) of the Act that the Authority must adopt a refusal decision.
PART 8 Notices
Application of Part 26 of the Act
30
Part 26 of the Act (notices) applies for the purposes of these Regulations as it applies for the purposes of the Act with the following modifications —
a
in section 388 (decision notices), omit subsection (2);
b
in section 390 (final notices) —
i
omit subsections (6) and (10); and
ii
in subsection (8), omit “or (6)(c)”;
c
in section 391 (publication) —
i
after subsection (1) insert —
1A
Subsection (1) does not —
a
prevent the Authority from taking any action under Article 24(1) or 25(1) of the EC Regulation; or
b
apply to any information which is available to the public as a result of any action taken by the Authority or an overseas competent authority under Article 24(1) or 25(1) of the EC Regulation.
1B
“EC Regulation” means Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies.
1C
“Overseas competent authority” has the meaning given by regulation 2 of the Credit Rating Agencies Regulations 2010.
; and
ii
omit subsections (2) to (11);
d
omit section 392 (application of sections 393 and 394);
e
in section 394(7)(c) (access to Authority material), for “section 413” substitute “regulation 2 of the Credit Rating Agencies Regulations 2010”; and
f
in section 395 (the Authority’s procedures) —
i
omit subsections (1)(a), (3), (4) and (13);
ii
in subsection (9), omit the words “supervisory notice, or a”; and
iii
at the end, insert —
14
Until such time as a statement of procedure has been issued under this section as applied by regulation 30 of the Credit Rating Agencies Regulations 2010, the statement issued under this section for the purposes of the Act shall apply for the purposes of this section as applied by that regulation.
.
PART 9 Capital Requirements Regulations 2006
Amendments to the Capital Requirements Regulations 2006
31
1
The Capital Requirements Regulations 2006 are amended as follows.
2
In regulation 21 (interpretation), after the definition of “assessment methodology” insert —
“EC Regulation” means Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies;
.
3
In regulation 22 (recognition for exposure risk-weighting purposes), for paragraph (1) substitute —
1
The Authority must recognise an ECAI as eligible for exposure risk-weighting purposes only if the Authority is satisfied —
a
where the requirements of Article 2(3) of the EC Regulation apply to the ECAI, that the ECAI has complied with those requirements; and
b
taking into account the requirements set out in Schedule 1, that —
i
the ECAI’s assessment methodology complies with the requirements of objectivity, independence, ongoing review and transparency; and
ii
the ECAI’s credit assessments meet the requirements of credibility and transparency.
.
4
In regulation 23 (recognition for securitisation risk-weighting purposes), in paragraph (1), before sub-paragraph (a) insert “(za) where the requirements of Article 2(3) of the EC Regulation apply to the ECAI, that the ECAI has complied with those requirements;”.
Bob Blizzard
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2010


text:
Their Lordships, having taken these Rules into consideration, are pleased to, and do, approve them.
This Order may be cited as the General Pharmaceutical Council (Appeals Committee Rules) Order of Council 2010 and comes into force on 27th September 2010.
Judith Simpson
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Medical Profession (Miscellaneous Amendments) Order 2008 (Commencement No. 3) Order of Council 2010.
2
In this Order, “ the Order ” means the Medical Professional (Miscellaneous Amendments) Order 2008.
Appointed day
2
30th April 2010 is the day appointed for the coming into force of the following provisions of the Order —
a
the following paragraphs of Part 2 of Schedule 1 —
i
paragraph 13, except in so far as it inserts sub-paragraph (b) of section 29EA(1) and the word “or” immediately before that provision;
ii
paragraph 17;
b
article 3(2) in so far as it relates to the provisions of the Order mentioned in paragraph (a) of this article.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 INTRODUCTION
Citation, commencement and effect
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2010.
2
Subject to paragraph (3), this Order shall come into force for the purposes of —
a
this article and articles 2, 6, 21, 22 and 28 on 1st April 2010;
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 2010, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations ;
c
article 3 —
i
in so far as it relates to any increase to which article 6(9)(b) applies, on 1st April 2010, and
ii
for all other purposes, on 12th April 2010;
d
articles 4, 5, 7, 12 and 13, on 12th April 2010;
e
article 9, on 6th April 2010;
f
article 10, on 4th April 2010, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act , for which purpose it shall come into force on 12th April 2010;
g
article 11, on 4th April 2010;
h
articles 14 and 15, on 15th April 2010;
i
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 12th April 2010, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations ;
j
articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 2010, and in relation to any other case, on 1st April 2010;
k
articles 23 to 25, in so far as they relate to a particular beneficiary —
i
for the purposes of article 23(c), in so far as it relates to an increase to which article 6(9)(b) applies, on 1st April 2010, and
ii
for all other purposes, on the first day of the first benefit week to commence for that beneficiary on or after 12th April 2010, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations ;
l
article 26, 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 12th April 2010, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations ; and
m
article 27, 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 12th April 2010, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Employment and Support Allowance Regulations .
3
The changes made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act; and
b
by article 23(c) in so far as it is relevant for the purposes referred to in article 6(9),
shall take effect for each case on the date specified in relation to that case in article 6.
Interpretation
2
In this Order —
“the Administration Act ” means the Social Security Administration Act 1992;
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Council Tax Benefit (SPC) Regulations ” means the Council Tax Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 ;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (SPC) Regulations ” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“the Pension Schemes Act ” means the Pension Schemes Act 1993 ; and
“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 .
PART 2 SOCIAL SECURITY BENEFITS AND PENSIONS
Rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
From and including the respective dates specified in article 6 —
a
the sums specified in paragraph (2) shall be increased; and
b
the sums specified in paragraph 3(a) and (b) of Part III of Schedule 4 to the Contributions and Benefits Act (age related addition – higher and middle rates) shall be reduced ,
so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits and rates of industrial injuries benefit), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) are the sums specified in Parts I, III and V of Schedule 4 to the Contributions and Benefits Act except, in —
a
Part III, the sums specified for age related addition (higher and middle rates) and age addition to a pension of any category and otherwise under section 79 of that Act; and
b
Part V, the sums specified for the increases under paragraph 3 of Schedule 7 to the Contributions and Benefits Act of the weekly rate of unemployability supplement, the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children and qualifying young persons .
Rates or amounts of certain pensions and allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2) and (3) shall be increased from and including the respective dates specified in article 6.
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 1.5 per cent.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for “£86.20” substitute “£87.75”; and
b
for “£95.25” substitute “£97.65”.
4
The sums which are —
a
additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2009-2010;
b
increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);
c
lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension (entitlement to lump sum where pensioner’s deceased spouse or civil partner has deferred entitlement); and
d
payable to a pensioner as part of their Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Administration Act,
shall in each case remain unchanged.
5
The sums which, under —
a
section 55A of the Contributions and Benefits Act , are shared additional pensions; and
b
paragraph 2 of Schedule 5A to the Contributions and Benefits Act , are increases in the rates of such pensions,
shall in each case remain unchanged.
Rates or amount of certain benefits under the Pension Schemes Act
5
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 their occupational pension is postponed after they attain 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) remain unchanged.
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act are changed by this Order
6
1
Paragraphs (2) to (8), which are subject to the provisions of paragraph (9), specify the date on which the changes made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act shall take effect for each case.
2
Subject to paragraph (3), any increases in the sums mentioned in articles 3 and 4 for Category A and Category B retirement pension shall take effect on 12th April 2010.
3
In the case of a person over pensionable age —
a
whose entitlement to a Category A retirement pension is deferred; and
b
for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act ,
any increases in the sums mentioned in articles 3 and 4 for Category A and Category B retirement pensions shall take effect on 15th April 2010.
4
Any increases in the sums specified for the rate of —
a
Category C and Category D retirement pension;
b
attendance allowance; and
c
carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday),
shall in all cases take effect on 12th April 2010.
5
Any increases in the sums specified for —
a
the rate of —
i
carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
ii
disablement benefit,
iii
maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
iv
industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children and qualifying young persons ,
v
the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
b
any increases in —
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 14th April 2010.
6
In any case 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 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which they were previously entitled, any increase in such sum shall take effect on 12th April 2010.
7
The changes in the sums specified for the rate of incapacity benefit and severe disablement allowance shall take effect in all cases on 15th April 2010.
8
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 14th April 2010.
9
Any increases in the sums specified in articles 3 and 23(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 12th April 2010;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2010,
and for the purpose of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
From and including —
a
14th April 2010, for “£53.10” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
15th April 2010, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£53.90”.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for “£195.00”, in both places where it occurs, substitute “£200.00”; and
b
“£26.00” remains unchanged.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) “£79.15” remains unchanged.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) for “£123.06” substitute “£124.88”.
Statutory Paternity Pay and Statutory Adoption Pay
11
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 —
a
in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£123.06” substitute “£124.88”; and
b
in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£123.06” substitute “£124.88”.
Rate of graduated retirement benefit
12
1
The sum of 11.53 pence in section 36(1) of the National Insurance Act 1965 (graduated retirement benefit) remains unchanged.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) remain unchanged.
3
The sums which are lump sums to which surviving spouses or civil partners will become entitled under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (increases of graduated retirement benefit and lump sums) remain unchanged.
4
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) remain unchanged.
Increase in rates of Disability Living Allowance
13
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a) for “£70.35” substitute “£71.40”;
b
in paragraph (1)(b) for “£47.10” substitute “£47.80”;
c
in paragraph (1)(c) for “£18.65” substitute “£18.95”;
d
in paragraph (2)(a) for “£49.10” substitute “£49.85”; and
e
in paragraph (2)(b) for “£18.65” substitute “£18.95”.
Rates of age addition
14
1
Subject to paragraph (2), in regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) —
a
in sub-paragraph (a) for “£15.65” substitute “£18.65”; and
b
in sub-paragraph (b) for “£6.55” substitute “£9.35”.
2
In the case of a claimant entitled to long-term incapacity benefit, the sums specified in regulation 10(2)(a) and (b) shall be reduced to “£15.00” and “£5.80” respectively.
Rates of transitional invalidity allowance
15
1
Subject to paragraph (2), in regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases) —
a
in sub-paragraph (a) “£18.65” remains unchanged;
b
in sub-paragraph (b) “£12.00” remains unchanged; and
c
in sub-paragraph (c) “£6.00” remains unchanged.
2
In the case of a claimant entitled to long-term incapacity benefit —
a
the sums specified in regulation 18(2)(a) and (b) shall be reduced to “£15.00” and “£8.40” respectively; and
b
the sum specified in regulation 18(2)(c) shall be increased to “£5.45”.
PART 3 INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in this article and Schedules 2 to 4 to this Order; and unless stated otherwise any reference in this article to a numbered Schedule is a reference to the Schedule to the Income Support Regulations bearing that number.
2
In —
a
regulations 17(1)(b), 18(1)(c) and 21(1); and
b
paragraphs 13A(2)(a) and 14(2)(a) of Part III of Schedule 2,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£17.30” substitute “£17.40”; and
b
in sub-paragraph (1)(b) for “£17.30” substitute “£17.40”.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) “£120.00” remains unchanged;
d
in sub-paragraph (2)(b) “£120.00”, “£178.00” and “£17.00” remain unchanged;
e
in sub-paragraph (2)(c) “£178.00”, “£231.00” and “£23.35” remain unchanged;
f
in sub-paragraph (2)(d) “£231.00”, “£306.00” and “£38.20” remain unchanged; and
g
in sub-paragraph (2)(e) “£306.00”, “£382.00” and “£43.50” remain unchanged.
7
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 4 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
17
It is directed that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 (special transitional addition) shall be increased by 1.8 per cent.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) for “£34.50” substitute “£35.00”.
Housing Benefit
19
1
The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in this article and Schedules 5 and 6 to this Order; and unless otherwise stated, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit Regulations bearing that number.
2
In regulation 27(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 74 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) “£120.00” remains unchanged;
d
in paragraph (2)(b) “£120.00”, “£178.00” and “£17.00” remain unchanged;
e
in paragraph (2)(c) “£178.00”, “£231.00” and “£23.35” remain unchanged;
f
in paragraph (2)(d) “£231.00”, “£306.00” and “£38.20” remain unchanged; and
g
in paragraph (2)(e) “£306.00”, “£382.00” and “£43.50” remain unchanged.
4
In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£22.95”, “£22.95”, “£11.60”, “£15.25”, “£15.25”, “£7.65” and “£2.80” substitute “£23.35”, “£23.35”, “£11.80”, “£15.50”, “£15.50”, “£7.80” and “£2.85” respectively.
5
In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) “£21.55” remains unchanged;
b
in sub-paragraph (2)(b) and (d) “£2.50” remains unchanged; and
c
in sub-paragraph (2)(c) “£1.75” remains unchanged.
6
The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 5 to this Order.
7
In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£17.30” substitute “£17.40”; and
c
in sub-paragraph (2) “£10.50” remains unchanged.
8
The sums specified in Part 4 of Schedule 3 (applicable amounts: premiums) shall be as set out in Schedule 6 to this Order.
9
In Part 6 of Schedule 3 (amount of components) —
a
in paragraph 25 for “£25.50” substitute “£25.95”; and
b
in paragraph 26 for “£30.85” substitute “£31.40”.
10
In paragraph 17(1) and (3)(c) of Schedule 4 (sums to be disregarded in the calculation of earnings) for “£16.85” substitute “£17.10”.
11
In paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for “£16.85” substitute “£17.10”.
Housing Benefit for certain persons over the qualifying age for State Pension Credit
20
1
The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 7 and 8 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit (SPC) Regulations bearing that number.
2
In regulation 30(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 55 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) “£120.00” remains unchanged;
d
in paragraph (2)(b) “£120.00”, “£178.00” and “£17.00” remain unchanged;
e
in paragraph (2)(c) “£178.00”, “£231.00” and “£23.35” remain unchanged;
f
in paragraph (2)(d) “£231.00”, “£306.00” and “£38.20” remain unchanged; and
g
in paragraph (2)(e) “£306.00”, “£382.00” and “£43.50” remain unchanged.
4
In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£22.95”, “£22.95”, “£11.60”, “£15.25”, “£15.25”, “£7.65” and “£2.80” substitute “£23.35”, “£23.35”, “£11.80”, “£15.50”, “£15.50”, “£7.80” and “£2.85” respectively.
5
In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) “£21.55” remains unchanged;
b
in sub-paragraph (2)(b) and (d) “£2.50” remains unchanged; and
c
in sub-paragraph (2)(c) “£1.75” remains unchanged.
6
The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.
7
In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£17.30” substitute “£17.40”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
8
The sums specified in Part 4 of Schedule 3 (applicable amounts: amounts of premiums specified in Part 3) shall be as set out in Schedule 8 to this Order.
9
In paragraph 9(1) and (3)(c) of Schedule 4 (sums disregarded from claimant’s earnings) for “£16.85” substitute “£17.10”.
10
In paragraph 21 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£16.85” substitute “£17.10”.
Council Tax Benefit
21
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in this article and Schedules 9 and 10 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit Regulations bearing that number.
2
In regulation 17(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 58 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) “£178.00” remains unchanged;
d
in paragraph (2)(b) “£178.00”, “£306.00” and “£4.60” remain unchanged; and
e
in paragraph (2)(c) “£306.00”, “£382.00” and “£5.80” remain unchanged.
4
The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
5
In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£17.30” substitute “£17.40”; and
c
in sub-paragraph (2) “£10.50” remains unchanged.
6
The sums specified in Part 4 of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
7
In Part 6 of Schedule 1 (amount of components) —
a
in paragraph 25 for “£25.50” substitute “£25.95”; and
b
in paragraph 26 for “£30.85” substitute “£31.40”.
8
In the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) “£175.00” remains unchanged; and
b
in sub-paragraph (2)(b)(ii) “£175.00” and “£228.00” remain unchanged.
9
In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£16.85” substitute “£17.10”.
10
In paragraph 56 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for “£16.85” substitute “£17.10”.
Council Tax Benefit for certain persons over the qualifying age for State Pension Credit
22
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 11 and 12 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit (SPC) Regulations bearing that number.
2
In regulation 20(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 42 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) “£178.00” remains unchanged;
d
in paragraph (2)(b) “£178.00”, “£306.00” and “£4.60” remain unchanged; and
e
in paragraph (2)(c) “£306.00”, “£382.00” and “£5.80” remain unchanged.
4
The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
5
In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£17.30” substitute “£17.40”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
6
The sums specified in Part 4 of Schedule 1 (amounts of premiums specified in Part 3) shall be as set out in Schedule 12 to this Order.
7
In paragraph 9(1) and (3)(c) of Schedule 2 (sums disregarded from claimant’s earnings) for “£16.85” substitute “£17.10”.
8
In paragraph 21 of Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) for “£16.85” substitute “£17.10”.
9
In the Table in paragraph 1 of Schedule 6 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) “£175.00” remains unchanged; and
b
in sub-paragraph (2)(b)(ii) “£175.00” and “£228.00” remain unchanged.
PART 4 JOBSEEKER’S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
23
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for “£50.95” substitute “£51.85”;
b
in sub-paragraph (b) for “£50.95” substitute “£51.85”; and
c
in sub-paragraph (c) for “£64.30” substitute “£65.45”.
Applicable amounts for Jobseeker’s Allowance
24
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in this article and Schedules 13 to 16 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Jobseeker’s Allowance Regulations bearing that number.
2
In —
a
regulations 83(b), 84(1)(c) and 85(1) ; and
b
paragraphs 15A(2)(a) and 16(2)(a) of Part III of Schedule 1,
the sum specified is in each case £3,000.
3
The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 13 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£17.30” substitute “£17.40”; and
b
in sub-paragraph (1)(b) for “£17.30” substitute “£17.40”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 15 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) “£120.00” remains unchanged;
d
in sub-paragraph (2)(b) “£120.00”, “£178.00” and “£17.00” remain unchanged;
e
in sub-paragraph (2)(c) “£178.00”, “£231.00” and “£23.35” remain unchanged;
f
in sub-paragraph (2)(d) “£231.00”, “£306.00” and “£38.20” remain unchanged; and
g
in sub-paragraph (2)(e) “£306.00”, “£382.00” and “£43.50” remain unchanged.
8
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 16 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
25
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£34.50” substitute “£35.00”.
PART 5 STATE PENSION CREDIT
State Pension Credit
26
1
The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in this article and Schedule 17 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the State Pension Credit Regulations bearing that number.
2
In regulation 6 (amount of the guarantee credit) —
a
in paragraph (1)(a) for “£198.45” substitute “£202.40”;
b
in paragraph (1)(b) for “£130.00” substitute “£132.60”;
c
in paragraph (5)(a) for “£52.85” substitute “£53.65”;
d
in paragraph (5)(b) for “£105.70” substitute “£107.30”; and
e
in paragraph (8) for “£29.50” substitute “£30.05”.
3
In regulation 7 (savings credit) —
a
in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and
b
in paragraph (2) for “£96.00” and “£153.40” substitute “£98.40” and “£157.25” respectively.
4
In paragraph 14 of Schedule II (persons residing with the claimant) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) “£120.00” remains unchanged;
d
in sub-paragraph (2)(b) “£120.00”, “£178.00” and “£17.00” remain unchanged;
e
in sub-paragraph (2)(c) “£178.00”, “£231.00” and “£23.35” remain unchanged;
f
in sub-paragraph (2)(d) “£231.00”, “£306.00” and “£38.20” remain unchanged; and
g
in sub-paragraph (2)(e) “£306.00”, “£382.00” and “£43.50” remain unchanged.
5
In paragraph 1 of Schedule III (polygamous marriages) —
a
in sub-paragraph (5) for “£198.45” and “£68.45” substitute “£202.40” and “£69.80” respectively; and
b
in sub-paragraph (7) for “£153.40” substitute “£157.25”.
6
The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 17 to this Order are the amounts set out in column (2) of that Schedule.
PART 6 EMPLOYMENT AND SUPPORT ALLOWANCE
Applicable amounts for Employment and Support Allowance
27
1
The sums relevant to the calculation of an applicable amount as specified in the Employment and Support Allowance Regulations shall be the sums set out in this article and Schedules 18 to 20 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Employment and Support Allowance Regulations bearing that number.
2
The sums specified in Part 1 of Schedule 4 (prescribed amounts) shall be as set out in Schedule 18 to this Order.
3
The sums specified in Part 3 of Schedule 4 (weekly amount of premiums specified in Part 2) shall be as set out in Schedule 19 to this Order.
4
In Part 4 of Schedule 4 (the components) —
a
in paragraph 12 for “£25.50” substitute “£25.95”; and
b
in paragraph 13 for “£30.85” substitute “£31.40”.
5
In paragraph 19 of Schedule 6 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) “£120.00” remains unchanged;
d
in sub-paragraph (2)(b) “£120.00”, “£178.00” and “£17.00” remain unchanged;
e
in sub-paragraph (2)(c) “£178.00”, “£231.00” and “£23.35” remain unchanged;
f
in sub-paragraph (2)(d) “£231.00”, “£306.00” and “£38.20” remain unchanged; and
g
in sub-paragraph (2)(e) “£306.00”, “£382.00” and “£43.50” remain unchanged.
6
The sums specified in any provision of the Employment and Support Allowance Regulations set out in column (1) of Schedule 20 to this Order are the sums set out in column (2) of that Schedule.
PART 7 REVOCATION
Revocation
28
The Social Security Benefits Up-rating Order 2009 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
11th March 2010
We consent,
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2010