The Social Security Benefits Up-rating Regulations (Northern Ireland) 1995

Statutory Rules of Northern Ireland

1995 No. 72

SOCIAL SECURITY

The Social Security Benefits Up-rating Regulations (Northern Ireland) 1995

Made

7th March 1995

Coming into operation in accordance with regulation 1(1)

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 30E(1), 57(1)(a)(ii), 90(b) and 113(1)(a) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and section 135(3) of the Social Security Administration (Northern Ireland) Act 1992(2) and of all other powers enabling it in that behalf, hereby makes the following Regulations which contain only provisions in consequence of an order(3) under section 132 of the Social Security Administration (Northern Ireland) Act 1992:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 1995 and shall come into operation as follows—

(a) regulations 1 to 6 and 8 on 10th April 1995; and

(b) regulation 7 on 13th April 1995.

(2) In these Regulations, unless the context otherwise requires—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the up-rating order” means the Social Security Benefits Up-rating Order (Northern Ireland) 1995(3).

Exceptions relating to payment of additional benefit under awards made before the commencing date

2.  Section 135(3) of the Administration Act (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either—

(a) the weekly rate at which the benefit is payable by virtue of up-rating order; or

(b) whether the conditions for the receipt of the benefit at the altered rate are satisfied,

until that question has been determined in accordance with the provisions of the Administration Act.

Persons not ordinarily resident in Northern Ireland

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

Amendment of the Social Security Benefit (Dependency) Regulations

4.  In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(5) (prescribed circumstances for increase of an invalid care allowance—

(a) in sub-paragraph (a) for “£120” there shall be substituted “£125”; and

(b) in sub-paragraph (b) for “£120” there shall be substituted “£125”.

Amendment of the Social Security (General Benefit) Regulations

5.  In regulation 14 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(6) (earnings level for the purpose of unemployability supplement) for “£2,236” there shall be substituted “£2,288.00”.

Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations

6.  In regulation 3(3) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984(7) (persons deemed to be incapable of work) for “£43.00” there shall be substituted “£44.00”.

Amendment of the Social Security (Incapacity Benefit) Regulations

7.  In regulation 7 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(8) (limit of earnings from councillor’s allowance) for “£43.00” there shall be substituted “£44.00”.

Revocation

8.  The Social Security Benefits Up-rating Regulations (Northern Ireland) 1994(9) are hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

W. G. Purdy

Assistant Secretary

7th March 1995.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations contain only provisions in consequence of an order under section 132 of the Social Security Administration (Northern Ireland)Act 1992 (c. 8) and accordingly, by virtue of section 149(3) of, and paragraph 3 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order (Northern Ireland) 1995 (“the up-rating order”) on a benefit already in payment the altered rates will not apply until that question is determined by an adjudicating authority.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 so as to restrict the application of the increases specified in the up-rating order in cases where the beneficiary lives abroad.

Regulation 4 raises from £20.00 to £25.00 one of the earnings limits for child dependency increases payable with invalid care allowance.

Regulation 5 raises from £2,236.00 to £2,288.00 a year the earnings limit which applies to unemployability supplement.

Regulation 6 raises from £43.00 to £44.00 the earnings limit which applies to those undertaking work in certain circumstances while receiving sickness or invalidity benefit. Because sickness and invalidity benefit will be replaced by incapacity benefit from 13th April 1995 this provision will have effect only for the period 10th April 1995 to 12th April 1995.

Regulation 7 raises from £43.00 to £44.00 the limit of earnings from a councillor’s allowance in relation to incapacity benefit.

Regulation 8 contains a consequential revocation.

(1)

1992 c. 7; section 30E was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N. I. 12)) and section 57 is repealed from 13th April 1995 by Schedule 2 to that Order

(2)

1992 c. 8

(3)

S.R. 1995 No. 71

(4)

S.R. 1978 No. 114; relevant amending regulations are S.R. 1979 No. 392, S.R. 1988 No. 77, S.R. 1989 No. 373, S.R. 1990 No. 123, S.R. 1992 No. 330 and S.R. 1994 No. 269

(5)

S.R. 1977 No. 74, relevant amending regulations are S.R. 1984 No. 382 and S.R. 1993 No. 159

(6)

S.R. 1984 No. 92, relevant amending regulations are S.R. 1994 No. 75

(7)

S.R. 1984 No. 245; relevant amending regulations are S.R. 1994 No. 152

(8)

S.R. 1994 No. 461

(9)

S. R. 1994 No. 75