# The Social Security Benefits Up-rating Regulations 2005 S.I. 2005/632 · made 10 March 2005 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. Made under: Social Security Contributions and Benefits Act 1992 (Section 90, Section 113, Section 122, Section 175); Social Security Administration Act 1992 (Section 155, Section 189, Section 191, Section 150) PDFs: Printed copy https://openlegislation.uk/social-security-benefits-up-rating-regulations-2005/pdf/uksi_20050632_en.pdf; Explanatory Memorandum https://openlegislation.uk/social-security-benefits-up-rating-regulations-2005/pdf/uksiem_20050632_en.pdf ## Introductory text SOCIAL SECURITY Made 10th March 2005 Laid before Parliament 18th March 2005 Coming into force 11th April 2005 The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 90, 113(1), 122(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and sections 155(3), 189(1) and (4) and 191 of the Social Security Administration Act 1992 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 make the following Regulations: ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2005 and shall come into force on 11th April 2005. (2) In these Regulations, “the Up-rating Order” means the Social Security Benefits Up-rating Order 2005. ## 2 Exceptions relating to payment of additional benefit by virtue of the Up-rating Order Section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under Parts II to V of the Social Security Contributions and Benefits Act 1992) 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 Social Security Act 1998. ## 3 Persons not ordinarily resident in Great Britain Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order. ## 4 Amendment of the Social Security Benefit (Dependency) Regulations 1977 In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of carer’s allowance for child dependants)— (a) for “£165”, in both places it occurs, substitute “£170”; and (b) for “£21” substitute “£22”. ## 5 Revocations The Social Security Benefits Up-rating Regulations 2004 are hereby revoked. ## Signature Signed by authority of the Secretary of State for Work and Pensions. Malcolm Wicks Minister of State, Department for Work and Pensions 10 March 2005 ## 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 2005 (S.I. 2005/522) (“the Up-rating Order”) on a benefit already in payment, the altered rates will not apply until that question is determined by the Secretary of State, an appeal tribunal or a Commissioner. Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (S.I. 1975/563) 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 £165 to £170 and from £21 to £22 the earnings limits 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 (c. 21) but are saved for transitional cases by virtue of article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 (S.I. 2003/938). Regulation 5 contains revocations consequential upon the coming into force of these Regulations. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. --- Source: https://www.legislation.gov.uk/uksi/2005/632 (the official version) Page: https://openlegislation.uk/social-security-benefits-up-rating-regulations-2005 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.