2004 No. 960
SOCIAL SECURITY

The Guardian’s Allowance Up-rating Regulations 2004

Made
Laid before Parliament
Coming into force
The Commissioners of Inland Revenue, in exercise of the powers conferred by sections 113(1), 122(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 155(3), 189(1) and (4) and 191 of the Social Security Administration Act 19922, sections 113(1), 121(1) and 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19923 and sections 135(3), 165(4) and (5) and 167(1) of the Social Security Administration (Northern Ireland) Act 1992 4 and in each case now exercisable by them 5, make the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2004 and shall come into force on 12th April 2004.

(2)

In these Regulations—

“the Great Britain Up-rating Order” means the Child Benefit and Guardian’s Allowance Up-rating Order 20046;
“the Northern Ireland Up-rating Order” means the Child Benefit and Guardian’s Allowance Up-rating (Northern Ireland) Order 20047; and

“the Up-rating Orders” means the Great Britain Up-rating Order and the Northern Ireland Order.

Exceptions relating to payment of allowance by virtue of the Up-rating Orders2.

Neither section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits Act 1992) nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either—

(a)

the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or

(b)

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

until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 19988 or Article 9 of the Social Security (Northern Ireland) Order 19989 (as the case may be).

Persons not ordinarily resident in either Great Britain or Northern Ireland3.

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 197510 and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 197811 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
(This note is not part of the Regulations)

Regulation 2 provides that where a question has arisen about the effect of the Child Benefit and Guardian’s Allowance Up-rating Order 2004 (S.I. 2004/942) (“the Up-rating Order”) or the Child Benefit or Guardian’s Allowance Up-rating (Northern Ireland) Order (S.I. 2004/943” the Northern Ireland Up-rating Order”) on a guardian’s allowance already in payment, the altered rates will not apply until that question is determined by the Inland Revenue, an appeal tribunal or a Commissioner.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 so as to restrict the application of the increases specified in the Up-rating Orders in cases where the beneficiary lives abroad.

These Regulations do not involve new costs for business.