2021 No. 83
Social Security

The Social Security Benefits Up-rating Regulations (Northern Ireland) 2021

Approved by resolution of the Assembly on 21st June 2021
Made
Coming into operation
The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 90, 113(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 5(1)(q), 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19922 and now vested in it3 and sections 20(1) and 51(6) of the Pensions Act (Northern Ireland) 20154.
These Regulations contain provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 19925.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2021 and shall come into operation on 12th April 2021.

(2)

In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 20216.

(3)

The Interpretation Act (Northern Ireland) 19547 shall apply to these Regulations as it applies to an Act of the Assembly.

Exceptions relating to payment of additional benefit by virtue of the Up-rating Order2.

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 19988.

Persons not ordinarily resident in Northern Ireland3.

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 19789 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations (Northern Ireland) 201510 (entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the Up-rating Order and to any up-rating increase as defined in section 22(1) of the Pensions Act (Northern Ireland) 201511 respectively.

Amendment of the Social Security Benefit (Dependency) Regulations4.

In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 197712 (prescribed circumstances for increase of a carers allowance) before the definition of “couple” insert—

““child” includes a qualifying young person and “children” includes qualifying young persons;”.

Amendment of the Social Security (Claims and Payments) Regulations5.

In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 198713 (deductions from benefits and direct payment to third parties) for “£26.05”, in each place it occurs, substitute “£26.20”.

Revocations6.

Regulations 2, 3 and 6 of the Social Security Benefits Up-rating Regulations (Northern Ireland) 202014 are revoked.

Sealed with the Official Seal of the Department for Communities on 25th March 2021

(L.S.)
Anne McCleary
A senior officer of the Department for Communities
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make provisions necessary to give full effect to the 2021 Up-rating and are consequential on the Social Security Benefits Up-rating Order (Northern Ireland) 2021 (the “Up-rating Order”).

Regulation 2 provides that where a question has arisen about the effect of the Up-rating Order on a benefit already in payment, the altered rates 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 and regulation 21 of the State Pension Regulations (Northern Ireland) 2015 so as to restrict the application of increases specified in the Up-rating Order in cases where the beneficiary is not ordinarily resident in Northern Ireland.

Regulation 4 amends paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977, an interpretation provision, to put beyond doubt the fact that child dependency increases paid with a carer’s allowance can include an increase for a qualifying young person.

Regulation 5 increases from £26.05 to £26.20 the amount allowed for personal expenses for a person in certain accommodation, where that person’s benefit is paid to the accommodation provider.

Regulation 6 revokes regulations 2, 3 and 6 of the Social Security Benefits Up-rating Regulations (Northern Ireland) 2020.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5, to the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.