2005 No. 96
SOCIAL SECURITY

The Social Security Benefits Up-rating Regulations (Northern Ireland) 2005

Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred by sections 90, 113(1)(a) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and sections 135(3) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 19922, and now vested in it3, and of all other powers enabling it in that behalf, hereby makes the following Regulations, which contain only provisions in consequence of an order4 under section 132 of the Social Security Administration (Northern Ireland) Act 1992:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2005 and shall come into operation on 11th April 2005.

(2)

In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 20054.

Exceptions relating to payment of additional benefit under awards made before the commencing date2.

Section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 (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 the Up-rating Order; or

(b)

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

until that question has been determined in accordance with the provisions of the Social Security (Northern Ireland) Order 19985.

Persons not ordinarily resident in Northern Ireland3.

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 19786 (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) Regulations4.

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 19777 (prescribed circumstances for increase of a carer’s allowance) –

(a)

in sub-paragraph (a) for “£165” there shall be substituted “£170”; and

(b)

in sub-paragraph (b) for “£21” and “£165” there shall be substituted “£22” and “£170” respectively.

Revocation5.

The Social Security Benefits Up-rating Regulations (Northern Ireland) 20048 are hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 11th March 2005.

John O'Neill
A senior officer of the
Department for Social Development
(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) 2005 (“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 £165 to £170 and £21 to £22 the earnings limits for child dependency increases payable with a carer’s allowance. These increases were abolished by sections 1(3)(e) and 60 of, and Schedule 6 to, the Tax Credits Act 2002 but are saved for transitional cases by virtue of Article 2 of the Tax Credits Act 2002 (Transitional Provisions and Savings) Order (Northern Ireland) 2003.

Regulation 5 makes a consequential revocation.

These Regulations do not impose any costs on business.