The Social Security Benefits Up-rating Regulations (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 106

SOCIAL SECURITY

The Social Security Benefits Up-rating Regulations (Northern Ireland) 2001

Made

13th March 2001

Coming into operation

9th April 2001

The Department for Social Development, in exercise of the powers conferred by sections 30E(1), 90, 113(1)(a), 167D and 171(1) to (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and sections 135(3) and 165(1), (3) and (4) of the Social Security Administration (Northern Ireland) Act 1992(2), and now vested in it(3), and of all other powers enabling it in that behalf, hereby makes the following Regulations, which contain only provisions in consequence of an order(4) under section 132 of the Social Security Administration (Northern Ireland) Act 1992:

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2001 and shall come into operation on 9th April 2001.

(2) In these Regulations, unless the context otherwise requires, “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 2001(4).

Commencement Information

I1 Reg. 1 in operation at 9.4.2001, see reg. 1(1)

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

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (8.4.2002) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2002 (S.R. 2002/108), regs. 1(1), 5

Persons not ordinarily resident in Northern Ireland N.I.

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 3 revoked (8.4.2002) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2002 (S.R. 2002/108), regs. 1(1), 5

Amendment of the Social Security Benefit (Dependency) Regulations N.I.

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)—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in sub-paragraph (b) for “£19” and “£145” there shall be substituted “£20” and “£150” respectively.

Textual Amendments

F3 Reg. 4(a) revoked (8.4.2002) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2002 (S.R. 2002/108), regs. 1(1), 5

Commencement Information

I2 Reg. 4 in operation at 9.4.2001, see reg. 1(1)

Amendment of the Social Security (General Benefit) Regulations N.I.

F4 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Regs. 5-7 revoked (1.10.2001) by The Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2001 (S.R. 2001/316), regs. 1, 5

Amendment of the Social Security (Incapacity Benefit) Regulations N.I.

F4 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Regs. 5-7 revoked (1.10.2001) by The Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2001 (S.R. 2001/316), regs. 1, 5

Amendment of the Social Security (Incapacity for Work) (General) Regulations N.I.

F4 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Regs. 5-7 revoked (1.10.2001) by The Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2001 (S.R. 2001/316), regs. 1, 5

Revocations N.I.

F5 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 8 revoked (8.4.2002) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2002 (S.R. 2002/108), regs. 1(1), 5

Sealed with the Official Seal of the Department for Social Development on 13th March 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

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 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) 2001 (“the Up-rating Order”) on a benefit already in payment the altered rate will not apply until that question is determined.

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 £145 to £150 and from £19 to £20 the earnings limits for child dependency increases payable with invalid care allowance.

Regulation 5 raises from £3,094·00 to £3,146·00 a year the earnings limit which applies to unemployability supplement.

Regulation 6 raises from £59·50 to £60·50 the weekly limit of earnings from a councillor’s allowance in relation to incapacity benefit.

Regulation 7 raises from £59·50 to £60·50 the weekly earnings limit which must not be exceeded if work is to be treated as exempt for incapacity benefit purposes.

Regulation 8 makes consequential revocations.

These Regulations do not impose any costs on business.

(1)

1992 c. 7; sections 30E and 167D were inserted respectively by Articles 5(1) and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), section 90 was amended by paragraph 25 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(2)

1992 c. 8

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

S.R. 2001 No. 41

(5)

S.R. 1977 No. 74; relevant amending regulations are S.R. 1984 No. 382 and S.R. 1999 No. 139