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The Guardian's Allowance Up-rating Regulations 2021
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Statutory Instruments
2021 No. 256
Social Security
The Guardian's Allowance Up-rating Regulations 2021
Made
5th March 2021
Laid before Parliament
8th March 2021
Coming into force
12th April 2021
The Commissioners for Her Majesty's Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 113(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1, sections 155(3) and 189(1), (4) and (5) of the Social Security Administration Act 1992 M2, sections 113(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M3, and sections 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992 M4 and now vested in them M5.
These Regulations contain only provisions made in consequence of an instrument made under section 150 of the Social Security Administration Act 1992 and section 132(1) of the Social Security Administration (Northern Ireland) Act 1992 M6.
Marginal Citations
M11992 c.4. Section 113(1) was amended by paragraph 38 of Schedule 24 to the Civil Partnership Act 2004 (c.33). Subsections (1) and (4) of section 175 were amended by paragraphs 29(2) and (4) of Schedule 3 to the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c.2) respectively.
M21992 c.5. Section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions etc.) Act 1999 and Schedule 6 to the Tax Credits Act 2002 (c.21). Subsections (4) and (5) of section 189 were amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14). Section 189(4) was subsequently amended by S.I. 2013/252. Section 191 explains the meaning given to “prescribe” which is “prescribe by regulations”. “Prescribe” is used in section 155(3) of the Social Security Administration Act 1992.
M31992 c.7. Section 113(1) was amended by paragraph 92 of Schedule 24 to the Civil Partnership Act 2004. Section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002.
M41992 c.8. Section 165(1) was amended by section 18(5) of the National Insurance Contributions Act 2014 (c. 7) and S.I. 1996/671. Section 167(1) explains the meaning given to the word “prescribe” which is “prescribe by regulations”. “Prescribe” is used in section 135(3) of the Social Security Administration (Northern Ireland) Act 1992.
M5The functions of the Secretary of State and the Department for Social Development (renamed as the Department for Communities by the Departments Act (Northern Ireland) 2016 (c.5)) in Northern Ireland, so far as relating to guardian's allowance were (except as provided) transferred to the Commissioners of Inland Revenue by section 50 of the Tax Credits Act 2002. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty's Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c.11). Section 50 (1) of the Commissioners for Revenue and Customs Act 2005 provides that, in so far as is appropriate in consequence of section 5, a reference to the Commissioners of Inland Revenue, however so expressed, is to be taken as a reference to the Commissioners for Her Majesty's Revenue and Customs.
M6Section 132(1) was amended by paragraph 9 of Schedule 4 to the Tax Credits Act 2002.
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