The Guardian’s Allowance Up-rating (Northern Ireland) Order 2011

Statutory Instruments

2011 No. 1030

Social Security, Northern Ireland

The Guardian’s Allowance Up-rating (Northern Ireland) Order 2011

Made

30th March 2011

Coming into force

11th April 2011

Following a review in the tax year ending with 5^th April 2011 of the sums specified in section 150(1)(a)(i) of the Security Administration Act 1992(1) (rates of benefits, etc.) the Treasury have determined that the general level of prices in Great Britain was greater at the end of the period under review than it was at the beginning(2).

Section 132(1) of the Social Security Administration (Northern Ireland) Act 1992(3) (“the Northern Ireland Administration Act”) provides that, whenever the Treasury make an Order under section 150 of the Great Britain Administration Act, they may make corresponding provision in respect of Northern Ireland.

A draft of this instrument has been laid before Parliament in accordance with section 166(10A)(4) of the Northern Ireland Administration Act and approved by a resolution of each House of Parliament.

Accordingly, the Treasury make the following Order in exercise of the powers conferred by sections 132(1) and 165(4) of the Northern Ireland Administration Act and now vested in them(5).

Citation and commencement

1.  This Order may be cited as the Guardian’s Allowance Up-rating (Northern Ireland) Order 2011 and comes into force on 11th April 2011.

Amendment of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992

2.  In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6) (weekly rate of guardian’s allowance) for “£14.30” substitute “£14.75”.

Michael Fabricant

Angela Watkinson

Two of the Lords Commissioners for Her Majesty’s Treasury

30th March 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made by the Treasury following a review of the general level of prices conducted by them under section 150 of the Social Security Administration Act 1992 (c.5) in the tax year ending 5th April 2011.

The weekly rate of guardian’s allowance was last amended by the Guardian’s Allowance Up-rating (Northern Ireland) Order 2010 (S.I. 2010/979). Article 2 of this Order increases the weekly rate of guardian’s allowance prescribed by paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7) from £14.30 to £14.75.

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

(1)

1992 c. 5.

(2)

The functions of the Secretary of State in respect of guardian’s allowance under Part 10 of the Great Britain Administration Act which are relevant to the making of this Order were transferred to the Treasury by section 49(3) of the Tax Credits Act 2002 (c.21) (“the Tax Credits Act”).

(3)

1992 c.8.

(4)

Subsection (10A) was inserted by paragraph 50(4) of Schedule 3 to the Social Security (Transfer of Functions, etc) (Northern Ireland) Order 1999 (S.I. 1999/671) and amended by paragraph 11(3) of Schedule 4 to the Tax Credits Act.

(5)

The functions of the Department for Social Development in respect of guardian’s allowance under section 132 of the Northern Ireland Administration Act which are relevant to the making of this Order were transferred to the Treasury by section 49(4) of the Tax Credits Act.

(6)

1992 c. 7. This paragraph was last amended by S.I. 2010/979.