(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2003 and shall come into force on 7th April 2003.
(2) In these Regulations, “the Up-rating Order” means the Social Security Benefits Up-rating Order 2003.
Specified date: 7 April 2003: see para (1) above.
Section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under Parts II to V of the Social Security Contributions and Benefits Act 1992) 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 Act 1998.
Specified date: 7 April 2003: see reg 1(1).
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Specified date: 7 April 2003: see reg 1(1).
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of carer's allowance for child dependants) for “£155”, in both places where it occurs, substitute “£160”.
Specified date: 7 April 2003: see reg 1(1).
The Social Security Benefits Up-rating Regulations 2002 (to the extent that they remain in force) are hereby revoked except for regulations 1 and 5.
Specified date: 7 April 2003: see reg 1(1).
Signed by authority of the Secretary of State for Work and Pensions
Ian McCartney
Minister of State,
Department for Work and Pensions
7th March 2003
This instrument contains only provisions in consequence of an order under section 150 of the Social Security Administration Act 1992 (up-rating of benefits). Accordingly, by virtue of paragraph 3 of Schedule 7 to that Act, the Secretary of State has not referred these Regulations 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 2003 (SI 2003/526) (“the Up-rating Order”) on a benefit already in payment, the altered rates will not apply until that question is determined by the Secretary of State, an appeal tribunal or a Commissioner.
Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 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 £155 to £160 one of the earnings limits for child dependency increases payable with a carer's allowance (formerly invalid care allowance).
Regulation 5 revokes the Social Security Benefits Up-rating Regulations 2002 except for regulations 1 and 5, the effect of which is to continue in force the increase in one of the earnings limits for child dependency payable with a carer's allowance introduced on 9th April 2001.
These Regulations do not impose any costs on business.
