The Social Security Benefits Up-rating Regulations (Northern Ireland) 2000

Statutory Rules of Northern Ireland

2000 No. 47

SOCIAL SECURITY

The Social Security Benefits Up-rating Regulations (Northern Ireland) 2000

Made

2nd March 2000

Coming into operation

10th April 2000

The Department for Social Development, in exercise of the powers conferred by sections 113(1)(a), 167D and 171(1) to (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and sections 135(3) and 165(1), (3) and (4) of the Social Security Administration (Northern Ireland) Act 1992(2), and now vested in it(3), and of all other powers enabling it in that behalf, hereby makes the following Regulations, which contain only provisions in consequence of an order(4) under section 132 of the Social Security Administration (Northern Ireland) Act 1992:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2000 and shall come into operation on 10th April 2000.

(2) In these Regulations, unless the context otherwise requires, “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 2000(4).

Exceptions relating to payment of additional benefit under awards made before the commencing date

2.  Section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either—

(a) the weekly rate at which the benefit is payable by virtue of the Up-rating Order; or

(b) whether the conditions for the receipt of the benefit at the altered rate are satisfied,

until that question has been determined.

Persons not ordinarily resident in Northern Ireland

3.  Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(5) (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.

Amendment of the Social Security (General Benefit) Regulations

4.  In regulation 14 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(6) (earnings level for the purpose of unemployability supplement) for “£3,016·00” there shall be substituted “£3,042·00”.

Amendment of the Social Security (Incapacity for Work) (General) Regulations

5.  In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(7) (exempt work) for “£58·00” there shall be substituted “£58·50”.

Revocations

6.  The Social Security Benefits Up-rating and Miscellaneous Increases Regulations (Northern Ireland) 1999(8) and regulations 2 and 3 of the Social Security Benefits Up-rating Regulations (Northern Ireland) 1999(9) are hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 2nd March 2000.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations contain only provisions in consequence of an order under section 132 of the Social Security Administration (Northern Ireland) Act 1992 and accordingly, by virtue of section 149(3) of, and paragraph 3 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order (Northern Ireland) 2000 (“the Up-rating Order”) on a benefit already in payment the altered rate will not apply until that question is determined.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 so as to restrict the application of the increases specified in the Up-rating Order in cases where the beneficiary lives abroad.

Regulation 4 raises from £3,016·00 to £3,042·00 a year the earnings limit which applies to unemployability supplement.

Regulation 5 raises from £58·00 to £58·50 the weekly earnings limit which must not be exceeded if work is to be treated as exempt for incapacity benefit purposes.

Regulation 6 contains consequential revocations.

(1)

1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(2)

1992 c. 8

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

S.R. 2000 No. 38

(5)

S.R. 1978 No. 114; relevant amending regulations are S.R. 1979 No. 392, S.R. 1988 No. 77, S.R. 1989 No. 373, S.R. 1990 No. 123, S.R. 1992 No. 330 and S.R. 1994 No. 269

(6)

S.R. 1984 No. 92; relevant amending regulations are S.R. 1999 No. 138

(7)

S.R. 1995 No. 41; relevant amending regulations are S.R. 1999 No. 138

(8)

S.R. 1999 No. 138

(9)

S.R. 1999 No. 139