Explanatory note

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.