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 Benefits (Persons Abroad) Regulations 1975 so as to restrict the application of the increase specified in the Up-rating Order in cases where the beneficiary lives abroad.

Regulation 4 raises from £2,366.00 to £2,418.00 a year the earnings limit which applies to unemployability supplement.

Regulation 5 raises from £130.00 to £135.00 the earnings limits for child dependency increases payable with invalid care allowance.

Regulation 6 raises from £45.50 to £46.50 the limit of earnings from a councillor’s allowance in relation to incapacity benefit; this figure is also relevant for the purposes of severe disablement allowance by virtue of regulation 8A of the Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303).

Regulation 7 contains a revocation consequential upon the coming into force of these Regulations.

These Regulations do not impose any costs on business.