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The Social Security Benefits Up-rating Regulations (Northern Ireland) 2009

S.R. 2009/100 · Made 12 March 2009 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 12 April 2010.

Social Security

Made 12th March 2009

Coming into operation 6th April 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 90, 113(1)(a) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and sections 5(1)(q), 135(3) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992f2 and now vested in itf3.

These Regulations contain only provisions in consequence of an orderf4 under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 1992f5.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 90 was amended by paragraph 25 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Article 2(2) of S.R. 2002 No. 321 and Schedule 6 to the Tax Credits Act 2002 (c. 21) (see also Article 2 of S.R. 2003 No. 212), section 113(1) was amended by paragraph 92 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002

f2

1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f3

See Article 8(b) of S.R. 1999 No. 481

f4

S.R. 2009 No. 89

f5

Section 132A was inserted by section 5(1) of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))

Contents

  1. 1Citation, commencement and interpretation
  2. 2Exceptions relating to payment of additional benefit by virtue of the Up-rating Order Repealed
  3. 3Persons not ordinarily resident in Northern Ireland Repealed
  4. 4Amendment of the Social Security Benefit (Dependency) Regulations
  5. 5Amendment of the Social Security (Claims and Payments) Regulations Repealed
  6. 6Revocation Repealed
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

(2)

In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 2009f1.

2Exceptions relating to payment of additional benefit by virtue of the Up-rating OrderF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Persons not ordinarily resident in Northern IrelandF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Amendment of the Social Security Benefit (Dependency) RegulationsI1

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977f1 (prescribed circumstances for increase of a carer’s allowance)—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in sub-paragraph (b) for “£25” and “£185” substitute “£26” and “£195” respectively.

5Amendment of the Social Security (Claims and Payments) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6RevocationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Sealed with the Official Seal of the Department for Social Development on 12th March 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations contain only provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 1992 and accordingly, by virtue of section 149(3) of, and paragraph 3 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order (Northern Ireland) 2009 (“the Up-rating Order”) on a benefit already in payment the altered rate will not apply until that question is determined.

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

Regulation 4 raises from £185 to £195 and £25 to £26 the earnings limits for child dependency increases payable with a carer’s allowance. These increases were abolished by sections 1(3)(e) and 60 of, and Schedule 6 to, the Tax Credits Act 2002 but are saved for transitional cases by virtue of Article 2 of the Tax Credits Act 2002 (Transitional Provisions and Savings) Order (Northern Ireland) 2003 (S.R. 2003 No. 212).

Regulation 5 increases from £21∙15 to £21∙90 the amount allowed for personal expenses where a person is in accommodation for which part of his benefit is paid direct to the person to whom charges in respect of that accommodation are payable.

Regulation 6 makes a consequential revocation.