2019 No. 189

Social Security

The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2019

Made

Coming into operation

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 70(8), 90, 113(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 F1, sections 5(1)(q), 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992 F2 and now vested in it F3 and sections 20(1) and 51(6) of the Pensions Act (Northern Ireland) 2015 F4.

These Regulations contain provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 1992 F5.

Annotations:
Amendments (Textual)
F1

1992 c. 7; section 90 was amended by paragraph 25 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Article 2(2) of S.R. 2002 No. 321 and Schedule 6 to the Tax Credits Act 2002 (c. 21) (see also Article 2 of S.R. 2003 No. 212) and was repealed by Schedule 4 to the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) subject to saving in section 14(2) of that Act, section 113(1) was amended by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)

F3

See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland)

2016 (c. 5 (N.I.))

F5

Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49), paragraph 9 of Schedule 4 to the Tax Credits Act 2002, section 3(1) to (4) of the Pensions Act (Northern Ireland) 2012 (c. 3 (N.I.)), regulation 2(2) of S.R. 2012 No. 120 and paragraph 55 of Schedule 13 to the Pensions Act (Northern Ireland)

2015 (c. 5 (N.I.))

and 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 (No. 2) Regulations (Northern Ireland) 2019 and shall come into operation on 27th September 2019.

2

In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2019 F6.

3

The Interpretation Act (Northern Ireland) 1954 F7 shall apply to these Regulations as it applies to an Act of the Assembly.

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 F8.

Persons not ordinarily resident in Northern Ireland3

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 F9 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations (Northern Ireland) 2015 F10 (entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the Up-rating Order and to any up-rating increase as defined in section 22(1) of the Pensions Act (Northern Ireland) 2015 F11 respectively.

Amendment of the Social Security (Invalid Care Allowance) Regulations4

In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 F12 (circumstances in which a person is or is not to be treated as gainfully employed) for “£120” substitute “ £123 ”.

Amendment of the Social Security Benefit (Dependency) Regulations5

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977 F13 (increase of carer's allowance for child dependants)—

a

for “£235”, in both places, substitute “ £240 ”; and

b

for “£31” substitute “ £32 ”.

Amendment of the Social Security (Claims and Payments) Regulations6

In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 F14 (deductions from benefits and direct payment to third parties) for “£25”, in each place it occurs, substitute “ £25.60 ”.

Revocation7

The Social Security Benefits Up-rating Regulations (Northern Ireland) 2019 F15 are revoked.

Annotations:
Amendments (Textual)
F15

S.R. 2019 No. 59

Sealed with the Official Seal of the Department for Communities on 26th September 2019

Anne McCleary A senior officer of theDepartment for Communities

(This note is not part of the Regulations)

These Regulations revoke and re-enact the provisions of the Social Security Benefits Up-rating Regulations (Northern Ireland) 2019 which would otherwise cease to have effect by virtue of section 51(3) of the Pensions Act (Northern Ireland) 2015. These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5, to the Social Security Administration (Northern Ireland) Act 1992, 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 (No.2) Order (Northern Ireland) 2019 (the “Up-rating Order”) on a benefit already in payment, the altered rates 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 and regulation 21 of the State Pension Regulations (Northern Ireland) 2015 so as to restrict the application of increases specified in the Up-rating Order in cases where the beneficiary is not ordinarily resident in Northern Ireland.

Regulation 4 increases from £120 to £123 the amount which a person eligible for payment of Carer's Allowance can earn in the immediately preceding week without being deemed to be gainfully employed and, therefore, losing their entitlement to Carer's Allowance. The Social Security (Carer's Allowance) (Amendment) Regulations (Northern Ireland) 2002 replaced references to “Invalid Care Allowance” with references to “Carer's Allowance” in certain legislative provisions, but “Invalid Care Allowance” remains part of the title of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 for statutory purposes.

Regulation 5 raises from £235 to £240, and from £31 to £32, the earnings limit 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.

Regulation 6 increases from £25 to £25.60 the amount allowed for personal expenses for a person in certain accommodation, where that person's benefit is paid to the accommodation provider.

Regulation 7 makes a consequential revocation.