Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 1997 and shall come into operation on 7th April 1997.

(2) In these Regulations, unless the context otherwise requires—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 1997(1).

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

2.  Section 135(3) of the Administration Act (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 in accordance with the provisions of the Administration Act.

Persons not ordinarily resident in Northern Ireland

3.  Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(2) (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 Benefit (Dependency) Regulations

4.  In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(3) (prescribed circumstances for increase of an invalid care allowance) for “£130” in both places where it occurs there shall be substituted “£135”.

Amendment of the Social Security (General Benefit) Regulations

5.  In regulation 14 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(4) (earnings level for the purpose of unemployability supplement) for “£2,366·00” there shall be substituted “£2,418·00”.

Amendment of the Social Security (Incapacity Benefit) Regulations

6.  In regulation 7 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(5) (limit of earnings from councillor’s allowance) for “£45·50” there shall be substituted “£46·50”.

Revocations

7.  Regulations 2 to 4(a) and 5 to 7 of the Social Security Benefits Up-rating Regulations (Northern Ireland) 1996(6) are hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

4th March 1997.