The Social Security Benefits Up-rating Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

This instrument contains only provisions in consequence of an order under section 63 of the Social Security Act 1986 (up-rating of benefit). Accordingly, by virtue of paragraph 8 of Schedule 16 to the Social Security Act 1975 and paragraph 12(2) of Schedule 3 to the Social Security Act 1980 (c. 30), the Secretary of State has not referred proposals to make the regulations contained in this instrument to the Industrial Injuries Advisory Council or to the Social Security Advisory Committee. Paragraph 8 and paragraph 12(2), mentioned above, were amended by the Social Security Act 1986, section 86 and Schedule 10, paragraphs 90 and 99 respectively.

Regulation 2 provides that in certain cases where a question has arisen about the effect of the up-rating order on a benefit already in payment the altered rates will not apply until the question is determined by an adjudicating authority. Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 so as to restrict the application of the increases specified in the order in cases where the beneficiary lives abroad.

Regulation 4 raises from £27·00 to £28·50 the earnings limit which applies to those undertaking work in certain circumstnces while receiving sickness or invalidity benefit.

Regulation 5 raises from £1404·00 to £1482·00 a year the earnings limit which applies to unemployability supplement.

Regulation 6 specifies earnings limits for child dependency increases payable with invalid care allowance. Regulation 7 contains a revocation consequential upon the coming into force of these Regulations.