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The Social Security (2022 Benefits Up-rating) Regulations (Northern Ireland) 2023
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- 2023 No. 30
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Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (2022 Benefits Up-rating) Regulations (Northern Ireland) 2023 and shall come into operation on 27th March 2023.
(2) In these Regulations “the Up-rating Order” means the Social Security (2022 Benefits Up-rating) Order (Northern Ireland) 2023(1).
(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.
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(3).
Persons not ordinarily resident in Northern Ireland
3. Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(4) (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations (Northern Ireland) 2015(5) (entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the Up-rating Order and to any up-rating increase as defined in section 22(1) of the Pensions Act (Northern Ireland) 2015(6) respectively.
Amendment of the Social Security (Invalid Care Allowance) Regulations
4. In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(7) (circumstances in which a person is or is not to be treated as gainfully employed) for “£128” substitute “£132”.
Amendment of the Social Security Benefit (Dependency) Regulations
5. In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(8) (increase of carer’s allowance for child dependants)—
(a)for “£245”, in both places, substitute “£255”; and
(b)for “£33” substitute “£34”.
Amendment of the Social Security (Claims and Payments) Regulations
6. In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(9) (deductions from benefits and direct payment to third parties) for “£26.20”, in each place it occurs, substitute “£27.00”.
Revocations
7. The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2022(10) are revoked.
Sealed with the Official Seal of the Department for Communities on 8th March 2023
(L.S.)
Anne McCleary
A senior officer of the Department for Communities
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