Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 1998 and shall come into operation on 6th April 1998.

(2) In these Regulations, unless the context otherwise requires—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 1998(3).

Exceptions relating to payment of additional benefit under awards made before the commencing date

2.  Section 135(3) of the Administration Act (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 the receipt of the benefit at the altered rate are satisfied,

until that question has been determined in accordance with the provisions of the Administration Act.

Persons not ordinarily resident in Northern Ireland

3.  Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(4) (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.

Amendment of the Social Security Benefit (Dependency) Regulations

4.  In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(5) (prescribed circumstances for increase of an invalid care allowance)—

(a)in sub-paragraph (a) for “£135” there shall be substituted “£140”; and

(b)in sub-paragraph (b) for “£17” and “£135” there shall be substituted “£18” and “£140” respectively.

Amendment of the Social Security (General Benefit) Regulations

5.  In regulation 14 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(6) (earnings level for the purpose of unemployability supplement) for “£2,418·00” there shall be substituted “£2,496·00”.

Amendment of the Social Security (Incapacity Benefit) Regulations

6.  In regulation 7 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(7) (limit of earnings from councillor’s allowance) for “£46·50” there shall be substituted “£48·00”.

Revocations

7.  The Social Security Benefits Up-rating Regulations (Northern Ireland) 1996(8) and the Social Security Benefits Up-rating Regulations (Northern Ireland) 1997(9) are hereby revoked.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations contain only provisions in consequence of an order under section 132 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) 1998 (“the Up-rating Order”) on a benefit already in payment the altered rates will not apply until that question is determined by an adjudicating authority.

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 £135 to £140 and from £17 to £18 the earnings limits for child dependency increases payable with invalid care allowance.

Regulation 5 raises from £2,418·00 to £2,496·00 a year the earnings limit which applies to unemployability supplement.

Regulation 6 raises from £46·50 to £48·00 the limit of earnings from a councillor’s allowance in relation to incapacity benefit.

Regulation 7 contains consequential revocations.