The Guardian’s Allowance Up-rating Regulations 2005

Exceptions relating to payment of allowance by virtue of the Up-rating Orders

2.  Neither section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits 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(1) or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be)(2).

(1)

1998 c. 14. Section 8 applies to decisions of officers of the Board of Inland Revenue in respect of guardian’s allowance by virtue of paragraph 15 of Schedule 4 to the Tax Credits Act 2002.

(2)

S.I. 1998/1506 (N.I.10). Article 9 applies to decisions of officers of the Board of Inland Revenue in respectof guardian’s allowance by virtue of paragraph 18 of Schedule 4 to the Tax Credits Act 2002.