1.—(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2010 and shall come into force on 12th April 2010.
(2) In these Regulations—
“the Great Britain Up-rating Order” means the Guardian’s Allowance Up-rating Order 2010(1);
“the Northern Ireland Up-rating Order” means the Guardian’s Allowance Up-rating (Northern Ireland) Order 2010(2); and
“the Up-rating Orders” means the Great Britain Up-rating Order and the Northern Ireland Up-rating Order.
2. Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either—
(a)the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or
(b)whether the conditions for receipt of that allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998(3) or article 9 of the Social Security (Northern Ireland) Order 1998(4) (as the case may be).
3. Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975(5) and regulation 5 of the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 1978(6)(application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
26th March 2010