The Social Security (Invalid Care Allowance) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 162

Social Security

The Social Security (Invalid Care Allowance) (Amendment) Regulations 2015

Made

8th February 2015

Laid before Parliament

12th February 2015

Coming into force

6th April 2015

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 70(8) and 175(1) of the Social Security Contributions and Benefits Act 1992(1).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(2).

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Invalid Care Allowance) (Amendment) Regulations 2015.

(2) They come into force on 6th April 2015.

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

2.  In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976(3) (circumstances in which a person is or is not to be treated as gainfully employed), for “£102”, in both places where it occurs, substitute “£110”.

Signed by authority of the Secretary of State for Work and Pensions.

Mark Harper

Minister of State,

Department for Work and Pensions

8th February 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) (“the principal Regulations”).

Under section 70 of the Social Security Contributions and Benefits Act 1992 (c.4), a person is entitled to a carer’s allowance for any day on which that person is caring for a severely disabled person provided that, among other things, the person claiming carer’s allowance is not gainfully employed.

Regulation 8(1) of the principal Regulations prescribes that a person is only to be treated as gainfully employed on any day in a week if their earnings in the immediately preceding week have exceeded a prescribed amount. That amount is currently £102. The amendment made by regulation 2 raises that amount to £110.

An impact assessment has not been published for this instrument as it has no impact on business or civil society organisations.

(1)

1992 c.4. Section 175(1) is amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

(2)

See section 173(1)(b) of the Social Security Administration Act 1992 (c.5).

(3)

S.I. 1976/409. Regulation 8(1) is amended by S.I. 1992/470, 1993/316, 1996/2744, 2001/538, 2002/2497, 2007/2618, 2010/510 and 2014/904.