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The Social Security Benefits Up-rating Regulations 1999

S.I. 1999/858 · Made 17 March 1999

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 17th March 1999

Laid before Parliament 22nd March 1999

Coming into force 12th April 1999

The Secretary of State for Social Security, in exercise of the powers conferred by sections 30E(1), 90, 113(1), 122(1) and 175(1) to (4) of the Social Security Contributions and Benefits Act 1992f1 and sections 155(3), 189(1), (3) and (4) and 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. Sections 30E was inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18). Sections 122(1) is cited for the meaning assigned to the word “prescribe”.

f2

1992 c. 5. Section 191 is cited for the meaning assigned 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 Benefit (Dependency) Regulations 1977
  5. 5Amendment of the Social Security (Incapacity Benefit) Regulations 1994
  6. 6Revocation
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1999 and shall come into force on 12th April 1999.

(2)

In these Regulations–

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

  • “the Up-rating Order” means the Social Security Benefits Up-rating Order 1999f1.

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 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 disqualifications 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 Benefit (Dependency) Regulations 1977

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977f1 (increase of invalid care allowance for child dependants)–

(a)

for the sum of “£140” in both places where it occurs there shall be substituted the sum of “£145”; and

(b)

for the sum of “£18.00” there shall be substituted the sum of “£19.00”.

5Amendment 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 “£48.00” there shall be substituted the sum of “£49.50”.

6Revocation

Regulations 2, 3, 5 and 6 of the Social Security Benefits Up-rating Regulations 1998f1 are hereby revoked.

Signature

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

Stephen C. Timms

Minister of State,

Department of Social Security

17th March 1999

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 paragraph 3 of schedule 7 to that Act, the Secretary of State has not referred these Regulations 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 1999 (S.I. 1999/264) (“the Up-rating Order”) 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 £140 to £145 and from £18.00 to £19.00 the earnings limits for child dependency increases payable with invalid care allowance.

Regulation 5 raises from £48.00 to £49.50 the limit of earnings from a councillor’s allowance in relation to incapacity benefit; the 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 6 contains a revocation consequential upon the coming into force of these Regulations.

These Regulations do not impose any costs on business.