Statutory Instruments
2024 No. 309
SOCIAL SECURITY
The Guardian’s Allowance Up-rating Regulations 2024
Laid before Parliament
7th March 2024
Coming into force
8th April 2024
The Commissioners for His Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 113(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(), sections 155(3) and 189(1), (4) and (5) of the Social Security Administration Act 1992(), sections 113(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(), and sections 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992() and now vested in them().
These Regulations contain only provisions made in consequence of an instrument made under section 150 of the Social Security Administration Act 1992 and section 132(1) of the Social Security Administration (Northern Ireland) Act 1992().
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2024 and come into force on 8th April 2024.
(2) In these Regulations “the Up-rating Regulations” means the Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2024().
Exceptions relating to payments of additional guardian’s allowance by virtue of the Up-rating Regulations
2. Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 are to apply if a question arises as to either—
(a)the weekly rate at which guardian’s allowance is payable by virtue of the Up-rating Regulations, or
(b)whether the conditions for receipt of guardian’s allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998() or article 9 of the Social Security (Northern Ireland) Order 1998().
Persons not ordinarily resident in either Great Britain or Northern Ireland
3. Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975() and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978() (application of disqualification in respect of up-rating of benefit) is to apply to any additional benefit payable by virtue of the Up-rating Regulations.
Jim Harra
Angela MacDonald
Two of the Commissioners of His Majesty's Revenue and Customs
5th March 2024
Explanatory Note
This instrument contains only provisions made in consequence of an instrument made under section 150 of the Social Security Administration Act 1992 (c.5), and section 132(1) of the Social Security Administration (Northern Ireland) Act 1992 (c.8).
Regulation 2 provides that where a question has arisen about the effects of the Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2024 (S.I. 2024/247) on guardian’s allowance already in payment, the up-rated rates will not apply until that question is determined by His Majesty’s Revenue and Customs, an appeal tribunal or a Commissioner.
Regulation 3 applies the provisions of regulation 5 of the Social Security (Persons Abroad) Regulations 1975 (S.I. 1975/563) and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (S.R. 1978 No. 114) to restrict the application of the increases specified in the Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2024 in cases where the beneficiary is not ordinarily resident in the United Kingdom.
A full impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.