The Social Security Benefits Up-rating Regulations 2021 (revoked)

F1 EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument contains provisions necessary to give full effect to the 2021 benefits and pensions up-rating exercise.

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order 2021 (S.I. 2021/162) on a benefit already in payment, the altered rates will not apply until that question is determined by the Secretary of State, the First-tier Tribunal or the Upper Tribunal.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (S.I. 1975/563) and regulation 21 of the State Pension Regulations 2015 (S.I. 2015/173) so as to restrict the application of the increases specified in the Social Security Benefits Up-rating Order 2021 in cases where the beneficiary is not ordinarily resident in Great Britain.

Regulation 4 amends paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), an interpretation provision, to put beyond doubt the fact that child dependency increases paid with a carer’s allowance can include an increase for a qualifying young person.

Regulation 5 increases from £26.05 to £26.20 the amount allowed for personal expenses for a person in certain accommodation, where that person’s benefit is paid to the accommodation provider.

Regulation 6 revokes the Social Security Benefits Up-rating Regulations 2020 (S.I. 2020/266) save for:

• regulation 4 which increased to £128 the amount which a person eligible for payment of carer’s allowance can earn in the immediately preceding week without being deemed to be gainfully employed and, therefore, losing their entitlement to carer’s allowance, and

• regulation 5 which increased the earnings limit for child dependency increases payable with a carer’s allowance so that where the claimant’s partner has earnings of £245 or more, no increase is paid for the first child or qualifying young person. After that the rule operates in steps of £33. For each multiple of £33 by which the earnings exceed £245, the increase for a further child or qualifying young person is not payable.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sector is foreseen.

Textual Amendments

F1 Regulations revoked (11.4.2022) by The Social Security Benefits Up-rating Regulations 2022 (S.I. 2022/342), regs. 1(1), 7(b)