The Social Security Benefits Up-rating (No. 3) Regulations (Northern Ireland) 2023
S.R. 2023/151 · Made 26 September 2023 · Extends to Northern Ireland
Regulations made by the Department for Communities and laid before the Assembly under section 51(3) of the Pensions Act (Northern Ireland) 2015 for approval of the Assembly before the expiration of six months from the date of their coming into operation
Social Security
Made 26th September 2023
Coming into operation 26th September 2023
The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 70(8), 90, 113(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, sections 5(1)(q), 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992f2 and now vested in itf3, sections 20(1), 51(3) and (6) of the Pensions Act (Northern Ireland) 2015f4 and Articles 48(1) and (5) of, and paragraphs 1(1) and 4(2)(d) of Schedule 6 to, the Welfare Reform (Northern Ireland) Order 2015f5.
These Regulations contain provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 1992f6.
Annotations to the whole text
Footnotes
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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S.R. 2002 No. 321 and Schedule 6 to the Tax Credits Act 2002 (c. 21) (see also Article 2 of S.R. 2003 No. 212) and was repealed by Schedule 4 to the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) subject to saving in section 14(2) of that Act, section 113(1) was amended by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 (c. 21)
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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) and section 18(5) of the National Insurance Contributions Act 2014 (c. 7)
- f3
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See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))
- f4
- f5
- f6
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Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49), paragraph 9 of Schedule 4 to the Tax Credits Act 2002 (c. 21), section 3(1) and (2) of the Pensions Act (Northern Ireland) 2012 (c. 3 (N.I.)), regulation 2(2) of S.R. 2012 No. 120 and paragraph 55 of Schedule 13 to the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)) and section 132A was inserted by section 5(1) of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))
Contents
- 1Citation, commencement and interpretation
- 2Exceptions relating to payment of additional benefit by virtue of the Up-rating Order
- 3Persons not ordinarily resident in Northern Ireland
- 4Amendment of the Social Security (Invalid Care Allowance) Regulations
- 5Amendment of the Social Security Benefit (Dependency) Regulations
- 6Amendment of the Social Security (Claims and Payments) Regulations
- 7Amendment of the Universal Credit (Transitional Provisions) Regulations
- 8Revocations
- Signature
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Social Security Benefits Up-rating (No. 3) Regulations (Northern Ireland) 2023 and shall come into operation on 26th September 2023.
In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023f1.
The Interpretation Act (Northern Ireland) 1954f2 shall apply to these Regulations as it applies to an Act of the Assembly.
2Exceptions relating to payment of additional benefit by virtue of the Up-rating OrderI1
Section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either—
the weekly rate at which the benefit is payable by virtue of the Up-rating Order; or
whether the conditions for receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Social Security (Northern Ireland) Order 1998f1.
3Persons not ordinarily resident in Northern IrelandI1
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978f1 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations (Northern Ireland) 2015f2 (entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the Up-rating Order and to any up-rating increase as defined in section 22(1) of the Pensions Act (Northern Ireland) 2015f3 respectively.
4Amendment of the Social Security (Invalid Care Allowance) RegulationsI1
In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976f1 (circumstances in which a person is or is not to be treated as gainfully employed) for “£132” substitute “£139”.
5Amendment of the Social Security Benefit (Dependency) RegulationsI1
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977f1 (increase of carer’s allowance for child dependants)—
for “£255”, in both places, substitute “£280”; and
for “£34” substitute “£37”.
6Amendment of the Social Security (Claims and Payments) RegulationsI1
In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 (deductions from benefits and direct payment to third parties) for “£27.00”, in each place it occurs, substitute “£29.75”.
7Amendment of the Universal Credit (Transitional Provisions) RegulationsI1
In paragraph 5 of Schedule 2 to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016f1 (claimants previously entitled to a severe disability premium)—
for “£120” substitute “£132.12”;
for “£285” substitute “£313.79”; and
for “£405” substitute “£445.91”.
The amounts in paragraph (1) apply only in relation to an award of universal credit where the first assessment period begins on or after 10th April 2023.
8RevocationsI1
Signature
Sealed with the Official Seal of the Department for Communities on 26th September 2023.
(L.S.)
David Tarr
A senior officer of the Department for Communities
Explanatory note
(This note is not part of the Regulations)
These Regulations revoke and re-enact the provisions of the Social Security Benefits Up-rating Regulations (Northern Ireland) 2023 which would otherwise cease to have effect by virtue of section 51(3) of the Pensions Act (Northern Ireland) 2015. The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2023 are also revoked as the corresponding Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2023 has been revoked. These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5, to the Social Security Administration (Northern Ireland) Act 1992, 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 (No. 2) Order (Northern Ireland) 2023 (the “Up-rating Order”) on a benefit already in payment, the altered rates 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 and regulation 21 of the State Pension Regulations (Northern Ireland) 2015 so as to restrict the application of increases specified in the Up-rating Order in cases where the beneficiary is not ordinarily resident in Northern Ireland.
Regulation 4 increases from £132 to £139 the amount which a person eligible for payment of Carer’s Allowance can earn in the immediately preceding week without being deemed to be gainfully employed and, therefore, losing their entitlement to Carer’s Allowance. The Social Security (Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2002 replace references to “Invalid Care Allowance” with references to “Carer’s Allowance” in certain legislative provisions, but “Invalid Care Allowance” remains part of the title of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 for statutory purposes.
Regulation 5 raises from £255 to £280, and from £34 to £37 the earnings limit 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.
Regulation 6 increases from £27.00 to £29.75 the amount allowed for personal expenses for a person in certain accommodation, where that person’s benefit is paid to the accommodation provider.
Regulation 7 increases the amounts specified for the transitional severe disability premium element in paragraph 5 of Schedule 2 to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016. These increased amounts will apply in the first assessment period of an award of universal credit that begins on or after 10th April 2023.
Regulation 8 revokes the Social Security Benefits Up-rating Regulations (Northern Ireland) 2023 and the Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2023.