2005 No. 96
The Social Security Benefits Up-rating Regulations (Northern Ireland) 2005
Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred by sections 90, 113(1)(a) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and sections 135(3) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 19922, and now vested in it3, and of all other powers enabling it in that behalf, hereby makes the following Regulations, which contain only provisions in consequence of an order4 under section 132 of the Social Security Administration (Northern Ireland) Act 1992:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2005 and shall come into operation on 11th April 2005.
2
In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 20054.
Exceptions relating to payment of additional benefit under awards made before the commencing date2
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 19985.
Persons not ordinarily resident in Northern Ireland3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 19786 (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) Regulations4
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 19777 (prescribed circumstances for increase of a carer’s allowance) –
a
in sub-paragraph (a) for “£165” there shall be substituted “£170”; and
b
in sub-paragraph (b) for “£21” and “£165” there shall be substituted “£22” and “£170” respectively.
Revocation5
The Social Security Benefits Up-rating Regulations (Northern Ireland) 20048 are hereby revoked.
Sealed with the Official Seal of the Department for Social Development on 11th March 2005.
(This note is not part of the Regulations.)