2016 No. 109
The Social Security Benefits Up-rating Regulations (Northern Ireland) 2016
Made
Coming into operation
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 113(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 F1 and sections 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992 F2 and now vested in it F3.
These Regulations contain only provisions in consequence of an order F4 under section 132A of the Social Security Administration (Northern Ireland) Act 1992 F5.
1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 18(5) of the National Insurance Contributions Act 2014 (c. 7)
See Article 8(b) of S.R. 1999 No. 481
S.R. 2016 No. 92
Section 132A was inserted by section 5(1) of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.))
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2016 and shall come into operation on 11th April 2016.
2
In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 2016(d).
Exceptions relating to payment of additional benefit by virtue of the Up-rating Order2
Section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 (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 Social Security (Northern Ireland) Order 1998 F6.
Persons not ordinarily resident in Northern Ireland3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 F7 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Revocations4
Regulations 2 and 3 of the Social Security Benefits Up-rating Regulations (Northern Ireland) 2015 F8 are revoked.
Sealed with the Official Seal of the Department for Social Development on 4th March 2016
1992 c. 7; section 113(1) was amended by paragraph 92 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)