The Social Security Benefits Up-rating Regulations 1990
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1990 and shall come into force on 9th April 1990.
(2)
In these Regulations, unless the context otherwise requires—
“the Act” means the Social Security Act 1975;
“the 1986 Act” means the Social Security Act 1986;
and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Conditions relating to payment of additional benefit under awards made before the appointed or prescribed day2.
(1)
This regulation applies to a case where—
(a)
either—
(i)
an award of any benefit under Chapters I to III of Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a higher rate provided in or by virtue of the up-rating order, or
(ii)
an award of any benefit under Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a lower rate provided in or by virtue of the up-rating order;
(b)
the period to which the award relates has not ended before that day; and
(c)
the award does not, in accordance with the provisions of section 64(3) of the 1986 Act, provide for the payment of the benefit at a higher or lower rate (as the case may be) as from that day.
(2)
In a case to which this regulation applies, section 64(2) of the 1986 Act shall have effect subject to the condition that 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 the receipt of the benefit at the altered rate are satisfied,
the benefit shall, until the question has been determined in accordance with the provisions of the Act, be or continue to be payable at the weekly rate specified in paragraph (3).
(3)
The weekly rate referred to in paragraph (2) is the weekly rate specified in the award or the weekly rate at which the benefit would have been paid if the question had not arisen, whichever is the lower.
Persons not ordinarily resident in Great Britain3.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 19834.
Amendment of the Social Security (General Benefit) Regulations 19825.
Earnings limit6.
Revocation7.
Signed by authority of the Secretary of State for Social Security.
This instrument contains only provisions in consequence of an order under section 63 of the Social Security Act 1986 (up-rating of benefit). Accordingly, by virtue of paragraph 8 of Schedule 16 to the Social Security Act 1975 and paragraph 12(2) of Schedule 3 to the Social Security Act 1980 (c. 30), the Secretary of State has not referred proposals to make the regulations contained in this instrument to the Industrial Injuries Advisory Council or to the Social Security Advisory Committee. Paragraph 8 and paragraph 12(2), mentioned above, were amended by the Social Security Act 1986, section 86 and Schedule 10, paragraphs 90 and 99 respectively.
Regulation 2 provides that in certain cases 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 the question is determined by an adjudicating authority.
Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 so as to restrict the application of the increases specified in the order in cases where the beneficiary lives abroad.
Regulation 4 raises from £28.50 to £35.00 the earnings limit which applies to those undertaking work in certain circumstances while receiving sickness or invalidity benefit.
Regulation 5 raises from £1482.00 to £1820.00 a year the earnings limit which applies to unemployability supplement.
Regulation 6 specifies earnings limits for child dependency increases payable with invalid care allowance.
Regulation 7 contains a revocation consequential upon the coming into force of these regulations.