# The Guardian’s Allowance Up-rating Regulations 2014

S.I. 2014/881 · made 1 April 2014

These Regulations supersede the Guardian’s Allowance Up-rating Regulations 2013 (S.I. 2013/746).

Made under: Social Security Contributions and Benefits Act 1992 (Section 113, Section 175); Social Security Administration Act 1992 (Section 155, Section 189, Section 190, Section 191); Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 113, 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-2014/pdf/uksi_20140881_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/guardians-allowance-up-rating-regulations-2014/pdf/uksiem_20140881_en.pdf

## Introductory text

Social Security
Made 1st April 2014
Laid before Parliament 2nd April 2014
Coming into force 7th April 2014
The Commissioners for Her Majesty’s Revenue and Customers 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, sections 155(3), 189(1), (4) and (5), 190 and 191 of the Social Security Administration Act 1992, sections 113(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and sections 135(3), 165(1), (4) and (5) and 167(1) of the Social Security Administration (Northern Ireland) Act 1992 and now vested in them.

## 1 Citation and commencement

(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2014 and come into force on 7th April 2014.
(2) In these Regulations “the Up-rating Orders” means the Guardian’s Allowance Up-rating Order 2014 and the Guardian’s Allowance Up-rating (Northern Ireland) Order 2014.

## 2 Exceptions relating to payments 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.

## 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

Jim Harra
Edward Troup
Two of the Commissioners for Her Majesty’s Revenue and Customs
1st April 2014

## Explanatory note

(This note is not part of the Regulations)
These Regulations supersede the Guardian’s Allowance Up-rating Regulations 2013 (S.I. 2013/746).
Regulation 2 provides that where a question has arisen about the effect of the Guardian’s Allowance Up-rating Order 2014 or the Guardian’s Allowance Up-rating (Northern Ireland) Order 2014 (“the Up-rating Orders”) 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 regulation 5 of 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 Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2014/881 (the official version)
Page: https://openlegislation.uk/guardians-allowance-up-rating-regulations-2014
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.