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The Social Security Benefits Up-rating Regulations (Northern Ireland) 2009

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

(2) In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 2009(1).

Exceptions relating to payment of additional benefit by virtue of the Up-rating Order

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 receipt of the benefit at the altered rate are satisfied,

until that question has been determined in accordance with the provisions of the Social Security (Northern Ireland) Order 1998(2).

Persons not ordinarily resident in Northern Ireland

3.  Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(3) (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(4) (prescribed circumstances for increase of a carer’s allowance)—

(a)in sub-paragraph (a) for “£185” substitute “£195”; and

(b)in sub-paragraph (b) for “£25” and “£185” substitute “£26” and “£195” respectively.

Amendment of the Social Security (Claims and Payments) Regulations

5.  In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(5) (deductions from benefits and direct payment to third parties) for “£21∙15”, in each place where it occurs, substitute “£21∙90”.

Revocation

6.  The Social Security Benefits Up-rating Regulations (Northern Ireland) 2008(6) are revoked.

Sealed with the Official Seal of the Department for Social Development on 12th March 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

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