Social Security Administration (Northern Ireland) Act 1992

Changes to legislation:

Social Security Administration (Northern Ireland) Act 1992, Section 135 is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Act modified by S.R. 2019/211 art. 2(2)(a) (This amendment not applied to legislation.gov.uk. Affecting Order revoked (19.12.2020) without ever being in force by S.R. 2020/347, arts. 1(1), 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 101(1)(4)(5)s. 101(6)(a)(b) words repealed by S.I. 2015/2006 (N.I.) Sch. 12 Pt. 1
s. 2A(9) added by 2010 c. 13 (N.I.) Sch. 1 para. 24
s. 2G(1)(d) inserted by S.I. 2015/2006 (N.I.) art. 65(5)
s. 5(1A)-(1C) inserted by 2010 c. 13 (N.I.) s. 18(2)(c)
s. 31A(1A) words substituted by S.I. 2015/2006 (N.I.) Sch. 4 para. 11(a)(ii)
s. 104A(1A)-(1C) inserted by 2007 c. 2 (N.I.) s. 42(3)
s. 110A inserted by 2007 c. 2 (N.I.) s. 43
s. 110A repealed by S.I. 2015/2006 (N.I.) Sch. 12 Pt. 1
s. 110A heading word inserted by S.I. 2015/2006 (N.I.) art. 114(4)
s. 110A(2) words substituted by S.I. 2015/2006 (N.I.) art. 114(5)(a)
s. 110A(2)(b) words substituted by S.I. 2015/2006 (N.I.) art. 114(5)(b)
s. 110A(4)(b) words substituted by S.I. 2015/2006 (N.I.) art. 114(6)
s. 110ZA inserted by S.I. 2015/2006 (N.I.) art. 114(2)
s. 110ZA repealed by S.I. 2015/2006 (N.I.) Sch. 12 Pt. 1
s. 116E and cross-heading inserted by 2010 c. 13 (N.I.) s. 16(3)
s. 126(2)-(2B) substituted for s. 126(2) by 2007 c. 2 (N.I.) s. 35
s. 130AB inserted by 2008 c. 13 (N.I.) Sch. 3 para. 14
s. 140C inserted by S.I. 2015/2006 (N.I.) Sch. 2 para. 20
s. 166(2)(ac) inserted by 2010 c. 13 (N.I.) s. 17

135 Effect of alteration of rates of benefit under Parts II to V of Contributions and Benefits Act.N.I.

(1)This section has effect where the rate of any benefit to which this section applies is altered—

(a)by a statutory provision made subsequent to this Act;

(b)by an order under section 132 [F1, 132A] or 133 above; or

(c)in consequence of any such statutory provision or order altering any maximum rate of benefit;

and in this section “the commencing date” means the date fixed for payment of benefit at an altered rate to commence.

(2)This section applies to benefit under Part II, III, IV or V of the Contributions and Benefits Act.

(3)Subject to such exceptions or conditions as may be prescribed, where—

(a)the weekly rate of a benefit to which this section applies is altered to a fixed amount higher or lower than the previous amount; and

(b)before the commencing date an award of that benefit has been made (whether before or after the making of the relevant statutory provision),

except as respects any period falling before the commencing date, the benefit shall become payable at the altered rate without any claim being made for it in the case of an increase in the rate of benefit or any review of the award in the case of a decrease, and the award shall have effect accordingly.

(4)Where—

(a)the weekly rate of a benefit to which this section applies is altered; and

(b)before the commencing date (but after that date is fixed) an award is made of the benefit,

the award either may provide for the benefit to be paid as from the commencing date at the altered rate or may be expressed in terms of the rate appropriate at the date of the award.

(5)Where in consequence of the making of a statutory provision altering the rate of disablement pension, regulations are made varying the scale of disablement gratuities, the regulations may provide that the scale as varied shall apply only in cases where the period taken into account by the assessment of the extent of the disablement in respect of which the gratuity is awarded begins or began after such day as may be prescribed.

(6)Subject to such exceptions or conditions as may be prescribed, where—

(a)for any purpose of any statutory provision the weekly rate at which a person contributes to the cost of providing for a child [F2or qualifying young person], or to the maintenance of an adult dependant, is to be calculated for a period beginning on or after the commencing date for an increase in the weekly rate of benefit; but

(b)account is to be taken of amounts referable to the period before the commencing date,

those amounts shall be treated as increased in proportion to the increase in the weekly rate of benefit.

[F3(7)So long as sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966 (graduated retirement benefit) continue in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 or under Schedule 3 to the Consequential Provisions Act, regulations may make provision for applying the provisions of this section—

(a)to the amount of graduated retirement benefit payable for each unit of graduated contributions,

(b)to increases of such benefit under any provisions made by virtue of Article 26(1)(a) of the Pensions Order or section 62(1)(a) of the Contributions and Benefits Act, and

(c)to any addition under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (addition to weekly rate of retirement pension for [F4widows, widowers and surviving civil partners]) to the amount of such benefit.]

Textual Amendments

F1Word in s. 135(1)(b) inserted (with effect in accordance with s. 5(3)(4) of the amending Act) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 21

F2Words in s. 135(6) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 49

F3S. 135(7) inserted (19.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(2), 165, Sch. 4, para. 3; S.R. 1995/477, art. 2, Sch. Pt. I

F4Words in s. 135(7)(c) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/434), art. 1(3), Sch. para. 9

Modifications etc. (not altering text)

C1S. 135(3) excluded (6.4.2020) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2020 (S.R. 2020/41), regs. 1(1), 2

C2S. 135(3) excluded (6.4.2020) by The Guardians Allowance Up-rating Regulations 2020 (S.I. 2020/302), regs. 1(1), 2

C3S. 135(3) excluded (12.4.2021) by The Guardian’s Allowance Up-rating Regulations 2021 (S.I. 2021/256), regs. 1(1), 2

C4S. 135(3) excluded (11.4.2022) by The Social Security Benefits Up-rating Regulations (Northern Ireland) 2022 (S.R. 2022/144), regs. 1(1), 2

C5S. 135(3) excluded (11.4.2022) by The Guardian’s Allowance Up-rating Regulations 2022 (S.I. 2022/236), regs. 1(1), 2

C6S. 135(3) excluded (28.9.2022) by The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/232), reg. 2

C7S. 135(3) excluded (27.3.2023) by The Social Security (2022 Benefits Up-rating) Regulations (Northern Ireland) 2023 (S.R. 2023/30), reg. 2

C8S. 135(3) excluded (10.4.2023) by The Guardian’s Allowance Up-rating Regulations 2023 (S.I. 2023/280), regs. 1(1), 2