The Guardian’s Allowance Up-rating (Northern Ireland) Order 2009

Statutory Instruments

2009 No. 798

Social Security, Northern Ireland

The Guardian’s Allowance Up-rating (Northern Ireland) Order 2009

Made

26th March 2009

Coming into force

6th April 2009

As a result of carrying out a review in Great Britain of the sums specified in section 150(1)(a)(i) (rates of benefits, etc.) of the Social Security Administration Act 1992(1) (“the Great Britain Administration Act”), the Treasury have determined that the general level of prices was higher at the end of the period under review than it was at the beginning(2).

Section 132(1) of the Social Security Administration (Northern Ireland) Act 1992(3) (“the Northern Ireland Administration Act”) provides that, whenever the Treasury make an Order under section 150 of the Great Britain Administration Act, they may make corresponding provision in respect of Northern Ireland.

A draft of the following Order was laid before and approved by resolution of each House of Parliament pursuant to section 166(10A) of the Northern Ireland Administration Act(4).

Accordingly, the Treasury make this Order in the exercise of the powers conferred by sections 132(1) and 165(4) of that Act and now vested in them(5).

Citation and commencement

1.  This Order may be cited as the Guardian’s Allowance Up-rating (Northern Ireland) Order 2009 and shall come into force on 6th April 2009.

Amendment of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992

2.  In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6) (amount of guardian’s allowance) for “£13.45” substitute “£14.10”.

Frank Roy

Dave Watts

Two of the Lords Commissioners of Her Majesty’s Treasury

26th March 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made by the Treasury under section 132 of the Social Security Administration (Northern Ireland) Act 1992, as the consequence of a review of the general level of prices, conducted by them under section 150 of the Social Security Administration Act 1992.

The amounts in this Order were last amended by the Guardian’s Allowance Up-rating (Northern Ireland) Order 2008 (S.I. 2008/799). The amounts referred to in that Order are superseded by the amounts referred to in this Order.

Article 2 increases the weekly rate of guardian’s allowance prescribed in paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 from £13.45 to £14.10.

An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1992 c.5.

(2)

The functions of the Secretary of State in respect of guardian’s allowance under Part 10 of the Social Security Administration Act 1992 which are relevant to the making of this Order were transferred to the Treasury by section 49(3) of the Tax Credits Act 2002 c.21 (“the 2002 Act”).

(3)

1992 c.8.

(4)

Subsection (10A) was inserted by paragraph 50(4) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and amended by paragraph 11(3) of Schedule 4 to the 2002 Act.

(5)

The functions of the Department for Social Development in respect of guardian’s allowance under section 132 of the Social Security Administration (Northern Ireland) Act 1992 which are relevant to the making of this Order were transferred to the Treasury by section 49(4) of the 2002 Act.

(6)

1992 c.7. This paragraph was last amended by Article 2 of S.I. 2008/799.