# The Guardian’s Allowance Up-rating Regulations 2008

S.I. 2008/840 · made 26 March 2008

These Regulations supersede the Guardian’s Allowance Up-rating Regulations 2007 (S.I.2007/1071).

Made under: Social Security Contributions and Benefits Act 1992 (Section 113, Section 122, Section 175); Social Security Administration Act 1992 (Section 155, Section 189, Section 191); Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 113, Section 121, Section 171); Social Security Administration (Northern Ireland) Act 1992 (Section 135, Section 165, Section 167)

PDFs: Printed copy https://openlegislation.uk/guardians-allowance-up-rating-regulations-2008/pdf/uksi_20080840_en.pdf; Explanatory Memorandum https://openlegislation.uk/guardians-allowance-up-rating-regulations-2008/pdf/uksiem_20080840_en.pdf

## Introductory text

Social Security
Made 26th March 2008
Laid before Parliament 27th March 2008
Coming into force 7th April 2008
The Commissioners for Her Majesty’s Revenue and Customs, in the exercise of the powers conferred by sections 113(1), 122(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 155(3), 189(4) and (5) and 191 of the Social Security Administration Act 1992 , sections 113(1), 121(1) and 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and sections 135(3), 165(4) and (5) and 167(1) of the Social Security Administration (Northern Ireland) Act 1992 , and now vested in them , make the following Regulations.

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2008 and shall come into force on 7th April 2008.
(2) In these Regulations—
“the Great Britain Up-rating Order” means the Guardian’s Allowance Up-rating Order 2008;
“the Northern Ireland Up-rating Order” means the Guardian’s Allowance Up-rating (Northern Ireland) Order 2008; and
“the Up-rating Orders” means the Great Britain Up-rating Order and the Northern Ireland Up-rating Order.

## 2 Exceptions relating to payment of allowance by virtue of the Up-rating Orders

Neither section 155(3) of the Social Security Administration 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 1998 or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be).

## 3 Persons not ordinarily resident in either Great Britain or Northern Ireland

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 1978 (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.

## Signature

Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
26th March 2008

## Explanatory note

(This note is not part of the Regulations)
These Regulations supersede the Guardian’s Allowance Up-rating Regulations 2007 (S.I.2007/1071).
Regulation 2 provides that where a question has arisen about the effect of the Guardian’s Allowance Up-rating Order 2008 (“the Great Britain Up-rating Order”) or the Guardian’s Allowance Up-rating (Northern Ireland) Order 2008 (“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 Her Majesty’s Revenue and Customs, 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) (Northern Ireland) Regulations 1978 so as to restrict the application of the increases specified in the Up-rating Orders in cases where the beneficiary lives abroad.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2008/840 (the official version)
Page: https://openlegislation.uk/guardians-allowance-up-rating-regulations-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.