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The Social Security Benefits Up-rating Regulations 1995

S.I. 1995/580 · Made 7 March 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 7th March 1995

Laid before Parliament 14th March 1995

Coming into force

except regulation 7 10th April 1995

regulation 7 13th April 1995

The Secretary of State for Social Security, in exercise of the powers conferred by sections 30E(1), 57(1)(a)(ii), 90(b), 113(1)(a), 122(1) and 175(1) to (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 1992f1 and sections 155(3), 189(1), (3) and (4) and section 191 of the Social Security Administration Act 1992f2, and of all other powers enabling him in that behalf, by this instrument, which contains only provisions in consequence of an order under section 150 of the Social Security Administration Act 1992, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 4. Section 30E was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 18), section 3(1). Section 122(1) is cited because of the meaning it ascribes to the word “prescribe”.

f2

1992 c. 5. Section 191 is cited because of the meaning it ascribes to the word “prescribe”.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Exceptions relating to payment of additional benefit under awards made before the commencing date
  3. 3Persons not ordinarily resident in Great Britain
  4. 4Amendment of the Social Security (General Benefit) Regulations 1982
  5. 5Amendment of the Social Security Benefit (Dependency) Regulations 1977
  6. 6Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
  7. 7Amendment of the Social Security (Incapacity Benefit) Regulations 1994
  8. 8Revocation
  9. Signature
  10. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1995 and shall come into force as follows —

(a)

except for regulation 7, on 10th April 1995; and

(b)

regulation 7 on 13th April 1995.

(2)

In these Regulations, unless the context otherwise requires—

  • “the Administration Act” means the Social Security Administration Act 1992; and

  • “the up-rating order” means the Social Security Benefits Up-rating Order 1995f1.

2Exceptions relating to payment of additional benefit under awards made before the commencing date

Section 155(3) of the Administration Act (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 —

(a)

the weekly rate at which the benefit is payable by virtue of the up-rating order; or

(b)

whether the conditions for the receipt of the benefit at the altered rate are satisfied,

until that question has been determined in accordance with the provisions of the Administration Act.

3Persons not ordinarily resident in Great Britain

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975f1 (application of disqualification in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the up-rating order.

4Amendment of the Social Security (General Benefit) Regulations 1982

In regulation 16 of the Social Security (General Benefit) Regulations 1982f1 (earnings level for the purpose of unemployability supplement) for the sum of “£2236.00” there shall be substituted the sum of “£2288.00”.

5Amendment of the Social Security Benefit (Dependency) Regulations 1977

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977f1 (prescribed circumstances for increase of invalid care allowance) —

(a)

in sub-paragraph (a) for the sum of “£120” there shall be substituted the sum of “£125”; and

(b)

in sub-paragraph (b) for the sum of “£120” there shall be substituted the sum of “£125”.

6Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983

In paragraph (3) of regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983f1 (persons deemed to be incapable of work), for the sum of “£43.00” there shall be substituted the sum of “£44.00”.

7Amendment of the Social Security (Incapacity Benefit) Regulations 1994

In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994f1 (limit of earnings from councillor’s allowance), for the sum of “£43.00” there shall be substituted the sum of “£44.00”.

8Revocation

The Social Security Benefits Up-rating Regulations 1994f1 are hereby revoked.

Signature

Signed by authority of the Secretary of State for Social Security.

William Hague

Minister of State,

Department of Social Security

7th March 1995

Explanatory note

(This note is not part of the Regulations)

This instrument contains only provisions in consequence of an order under section 150 of the Social Security Administration Act 1992 (up-rating of benefits). Accordingly, by virtue of paragraphs 3 and 12 of Schedule 7 to that Act, the Secretary of State has not referred these Regulations to the Social Security Advisory Committee or to the Industrial Injuries Advisory Council.

Regulation 2 provides that where a question has arisen about the effect of the up-rating order (defined in regulation 1(2) of these Regulations) on a benefit already in payment the altered rates will not apply until that question is determined by an adjudicating authority.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 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 £2236.00 to £2288.00 a year the earnings limit which applies to unemployability supplement.

Regulation 5 raises from £120.00 to £125.00 one of the earnings limits for child dependency increases payable with invalid care allowance.

Regulation 6 raises from £43.00 to £44.00 the earnings limit which applies to those undertaking work in certain circumstances while receiving sickness or invalidity benefit. Because sickness and invalidity benefit will be replaced by incapacity benefit from 13th April 1995 this provision will have effect only for the period 10th April to 12th April 1995.

Regulation 7 raises from £43.00 to £44.00 the limit of earnings from a councillor’s allowance in relation to incapacity benefit.

Regulation 8 contains a revocation consequential upon the coming into force of these Regulations.

These Regulations do not impose any costs on business.