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The Guardian’s Allowance Up-rating Regulations 2018

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2018 and come into force on 9th April 2018.

(2) In these Regulations “the Up-rating Regulations” means the Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2018(1).

Exceptions relating to payments of additional guardian’s allowance by virtue of the Up-rating Regulations

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 the Up-rating Regulations, or

(b)whether the conditions for receipt of guardian’s 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(2) or article 9 of the Social Security (Northern Ireland) Order 1998(3).

Persons not ordinarily resident in either Great Britain of Northern Ireland

3.  Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975(4) and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(5) (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Regulations.

Justin Holliday

Melissa Tatton

Two of the Commissioners for Her Majesty’s Revenue and Customs

14th March 2018

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