# The Social Security Benefits Up-rating Regulations (Northern Ireland) 2009

S.R. 2009/100 · made 12 March 2009 · revised to 12 April 2010

These Regulations contain only provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 1992 and accordingly, by virtue of section 149(3) of, and paragraph 3 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Made under: Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 90, Section 113, Section 171); Social Security Administration (Northern Ireland) Act 1992 (Section 5, Section 135, Section 165)

PDFs: Printed copy https://openlegislation.uk/social-security-benefits-up-rating-regulations-northern-ireland-2009/pdf/nisr_20090100_en.pdf

## Introductory text

Social Security
Made 12th March 2009
Coming into operation 6th April 2009
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 90, 113(1)(a) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and sections 5(1)(q), 135(3) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992 and now vested in it.
These Regulations contain only provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 1992.

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.
(2) In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 2009.

## 2 Exceptions relating to payment of additional benefit by virtue of the Up-rating Order

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## 3 Persons not ordinarily resident in Northern Ireland

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## 4 Amendment of the Social Security Benefit (Dependency) Regulations

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977 (prescribed circumstances for increase of a carer’s allowance)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in sub-paragraph (b) for “£25” and “£185” substitute “£26” and “£195” respectively.

## 5 Amendment of the Social Security (Claims and Payments) Regulations

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## 6 Revocation

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## Signature

Sealed with the Official Seal of the Department for Social Development on 12th March 2009
(L.S.)
John O’Neill
A senior officer of the Department for Social Development

## Explanatory note

(This note is not part of the Regulations)
These Regulations contain only provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 1992 and accordingly, by virtue of section 149(3) of, and paragraph 3 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) of that Act for prior reference 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 (Northern Ireland) 2009 (“the Up-rating Order”) on a benefit already in payment the altered rate will not apply until that question is determined.
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 £185 to £195 and £25 to £26 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 but are saved for transitional cases by virtue of Article 2 of the Tax Credits Act 2002 (Transitional Provisions and Savings) Order (Northern Ireland) 2003 (S.R. 2003 No. 212).
Regulation 5 increases from £21∙15 to £21∙90 the amount allowed for personal expenses where a person is in accommodation for which part of his benefit is paid direct to the person to whom charges in respect of that accommodation are payable.
Regulation 6 makes a consequential revocation.

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Source: https://www.legislation.gov.uk/nisr/2009/100 (the official version)
Page: https://openlegislation.uk/social-security-benefits-up-rating-regulations-northern-ireland-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.