# The Guardian’s Allowance Up-rating Regulations 2017

S.I. 2017/412 · made 15 March 2017

This instrument contains 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.

Made under: Social Security Contributions and Benefits Act 1992 (Section 113, 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 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-2017/pdf/uksi_20170412_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/guardians-allowance-up-rating-regulations-2017/pdf/uksiem_20170412_en.pdf

## Introductory text

Social Security
Made at 1.30 p.m. on 15th March 2017
Laid before Parliament 16th March 2017
Coming into force 10th April 2017
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, sections 155(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992, section 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.
These Regulations contain only provisions 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.

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2017 and come into force on 10th April 2017.
(2) In these Regulations “the Up-rating Regulations” means the Tax Credits and Guardian’s Allowance Up-rating etc Regulations 2017.

## 2 Exceptions relating to payments of additional guardian’s allowance by virtue of the Up-rating Regulations

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 the Up-rating Regulations, or
(b) whether the conditions for receipt of guardian’s 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) Regulations (Northern Ireland) 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Regulations.

## Signature

Jim Harra
Edward Troup
Two of the Commissioners for Her Majesty’s Revenue and Customs
At 1.30 p.m. on 15th March 2017

## Explanatory note

(This note is not part of the Regulations)
This instrument contains 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.
Regulation 2 provides that where a question has arisen about the effect of the Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2017 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 (S.I. 1975/563) and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (S.I. 1978/114) to restrict the application of the increases specified in the Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2017 in cases where the beneficiary is not ordinarily resident in the United Kingdom.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

---
Source: https://www.legislation.gov.uk/uksi/2017/412 (the official version)
Page: https://openlegislation.uk/guardians-allowance-up-rating-regulations-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.