1 Citation, commencement and interpretation

(1)    These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2007 and shall come into force on 9th April 2007.

(2)    In these Regulations, “the Up-rating Order” means the Social Security Benefits Up-rating Order 2007.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see para (1) above.

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2 Exceptions relating to payment of additional benefit by virtue of the Up-rating Order

2Exceptions relating to payment of additional benefit by virtue of the Up-rating Order

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.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

3 Persons not ordinarily resident in Great Britain

3Persons not ordinarily resident in Great Britain

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.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

4 Amendment of the Social Security Benefit (Dependency) Regulations 1977

4Amendment of the Social Security Benefit (Dependency) Regulations 1977

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of carer's allowance for child dependants)—

(a)    for “£175”, in both places where it occurs, substitute “£180”; and

(b)    for “£23” substitute “£24”.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

5 Amendment of the Social Security (Claims and Payments) Regulations 1987

5Amendment of the Social Security (Claims and Payments) Regulations 1987

In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (deductions from benefit and direct payment to third parties) for “£19.60”, in each place where it occurs, substitute “£20.45”.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

6 Revocations

6Revocations

The following regulations shall be revoked—

(a)    the Social Security Benefits Up-rating Regulations 2006; and

(b)    regulation 2(14) of the Social Security (Miscellaneous Amendments) (No 2) Regulations 2006.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

Signature

Signed by authority of the Secretary of State for Work and Pensions

James Purnell

Minister of State,

Department for Work and Pensions

8th March 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

This instrument contains only provisions in consequence of an order under section 150 of the Social Security Administration Act 1992 (c 5) (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 2007 (SI 2007/688) (“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 (SI 1975/563) 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 £175 to £180 and from £23 to £24 the earnings limits for child dependency increases payable with a carer's allowance. These increases were abolished by sections 1(3)(e) and 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c 21) but are saved for transitional cases by virtue of article 3 of the Tax Credits Act 2002 (Commencement No 3 and Transitional Provisions and Savings) Order 2003 (SI 2003/938).

Regulation 5 increases from £19.60 to £20.45 the amount allowed for personal expenses for a person in accommodation for which benefit is paid to his accommodation provider.

Regulation 6 revokes the Social Security Benefits Up-rating Regulations 2006 (SI 2006/712) and regulation 2(14) of the Social Security (Miscellaneous Amendments) (No 2) Regulations 2006 (SI 2006/832).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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