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The Social Security Benefits Up-rating Regulations (Northern Ireland) 1993

S.R. 1993/159 · Made 31 March 1993

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 31st March 1993

Coming into operation 12th April 1993

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 57(1)(a), 90(b) and 113(1) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and section 135(3) of the Social Security Administration (Northern Ireland) Act 1992f2 and of all other powers enabling it in that behalf, hereby makes the following regulations which contain only provisions in consequence of an orderf3 under section 132 of the Social Security Administration (Northern Ireland) Act 1992:

Annotations to the whole text

Footnotes

f1

1992 c. 7

f2

1992 c. 8

f3

S.R. 1993 No. 150

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 Northern Ireland
  4. 4Amendment of the Social Security (Unemployment, Sickness and Invalidity, Benefit) Regulations
  5. 5Amendment of the Social Security (General Benefit) Regulations
  6. 6Earnings limit
  7. 7Revocation
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 1993 and shall come into operation on 12th April 1993.

(2)

In these regulations, unless the context otherwise requires—

  • “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

  • “the up-rating order” means the Social Security Benefits Up-rating Order (Northern Ireland) 1993f1.

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

Section 135(3) of the Administration 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 the question has been determined in accordance with the provisions of the Administration Act.

3Persons not ordinarily resident in Northern Ireland

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978f1 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the up-rating order.

4Amendment of the Social Security (Unemployment, Sickness and Invalidity, Benefit) Regulations

In regulation 3(3) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984f1 (persons deemed to be incapable of work) for “£40.50” there shall be substituted “£42.00”.

5Amendment of the Social Security (General Benefit) Regulations

In regulation 14 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984f1 (earnings level for the purpose of unemployability supplement) for “£2,106” there shall be substituted “£2,184”.

6Earnings limit

The sums specified in paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977f1 (prescribed circumstances for increase of an invalid care allowance) shall be increased from £115, £15 and £115 to £120, £16 and £120 respectively.

7Revocation

The Social Security Benefits Up-rating Regulations (Northern Ireland) 1992f1 are hereby revoked.

Signature

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

A. Devlin

Assistant Secretary

31st March 1993.

Explanatory note

(This note is not part of the Regulations.)

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order (Northern Ireland) 1993 (“the up-rating order”) on a benefit already in payment the altered rates will not apply until the question is determined by an adjudicating authority.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 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 £40.50 to £42.00 the earnings limit which applies to those undertaking work in certain circumstances while receiving sickness or invalidity benefit.

Regulation 5 raises from £2,106 to £2,184 a year the earnings limit which applies to unemployability supplement.

Regulation 6 specifies earnings limits for child dependency increases payable with an invalid care allowance.

Regulation 7 contains a revocation consequential upon the coming into operation of these regulations.

These regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 3 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.