2018 No. 60
The Social Security Benefits Up-rating Regulations (Northern Ireland) 2018
Made
Coming into operation
The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 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.
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 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))
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.)) and regulation 2(2) of S.R. 2012 No. 120 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 Regulations (Northern Ireland) 2018 and shall come into operation on 9th April 2018.
2
In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 2018 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 Benefit (Dependency) Regulations4
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977 F12 (increase of carer's allowance for child dependants)—
a
for “£230”, in both places, substitute “
£235
”
; and
b
for “£30” substitute “
£31
”
.
Amendment of the Social Security (Claims and Payments) Regulations5
In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 F13 (deductions from benefits and direct payment to third parties) for “£24.25”, in each place it occurs, substitute “
£25
”
.
Revocations6
The following are revoked—
a
the Social Security Benefits Up-rating Regulations (Northern Ireland) 2015 F14 (to the extent that they remain in operation); and
b
the Social Security (2017 Benefits Up-rating) Regulations (Northern Ireland) 2018 F15.
Sealed with the Official Seal of the Department for Communities on 20th March 2018
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)