2021 No. 83
The Social Security Benefits Up-rating Regulations (Northern Ireland) 2021
Approved by resolution of the Assembly on 21st June 2021
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 19921, sections 5(1)(q), 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19922 and now vested in it3 and sections 20(1) and 51(6) of the Pensions Act (Northern Ireland) 20154.
These Regulations contain provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 19925.
Citation, commencement and interpretationI11
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2021 and shall come into operation on 12th April 2021.
2
In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 20216.
3
The Interpretation Act (Northern Ireland) 19547 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 OrderI22
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 19988.
Persons not ordinarily resident in Northern IrelandI33
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 19789 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations (Northern Ireland) 201510 (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) 201511 respectively.
Amendment of the Social Security Benefit (Dependency) RegulationsI44
In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 197712 (prescribed circumstances for increase of a carers allowance) before the definition of “couple” insert—
“child” includes a qualifying young person and “children” includes qualifying young persons;
Amendment of the Social Security (Claims and Payments) RegulationsI55
In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 198713 (deductions from benefits and direct payment to third parties) for “£26.05”, in each place it occurs, substitute “£26.20”.
RevocationsI66
Regulations 2, 3 and 6 of the Social Security Benefits Up-rating Regulations (Northern Ireland) 202014 are revoked.
Sealed with the Official Seal of the Department for Communities on 25th March 2021
(This note is not part of the Regulations)