Regulations made by the Department for Communities and laid before the Assembly under section 51(3) of the Pensions Act (Northern Ireland) 2015 for approval of the Assembly before the expiration of six months from the date of their coming into operation

2022 No. 144

Social Security

The Social Security Benefits Up-rating Regulations (Northern Ireland) 2022

Made22nd March 2022

Coming into operation11th April 2022

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 70(8), 90, 113(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 5(1)(q), 135(3) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19922 and now vested in it3 and sections 20(1) and 51(6) of the Pensions Act (Northern Ireland) 20154.

These Regulations contain provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 19925.

Citation, commencement and interpretationI11

1

These Regulations may be cited as the Social Security Benefits Up-rating Regulations (Northern Ireland) 2022 and shall come into operation on 11th April 2022.

2

In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating Order (Northern Ireland) 20226.

3

The Interpretation Act (Northern Ireland) 19547 shall apply to these Regulations as it applies to an Act of the Assembly.

Exceptions relating to payment of additional benefit by virtue of the Up-rating OrderI22

Section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) 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 (Northern Ireland) Order 19988.

Persons not ordinarily resident in Northern IrelandI33

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 19789 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations (Northern Ireland) 201510 (entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the Up-rating Order and to any up-rating increase as defined in section 22(1) of the Pensions Act (Northern Ireland) 201511 respectively.

Amendment of the Social Security (Invalid Care Allowance) RegulationsI44

In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 197612 (circumstances in which a person is or is not to be treated as gainfully employed) for “£128” substitute “£132”.

Amendment of the Social Security Benefit (Dependency) RegulationsI55

In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 197713 (increase of carer’s allowance for child dependants)—

a

for “£245”, in both places, substitute “£255”; and

b

for “£33” substitute “£34”.

Amendment of the Social Security (Claims and Payments) RegulationsI66

In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 198714 (deductions from benefits and direct payment to third parties) for “£26.20”, in each place it occurs, substitute “£27.00”.

RevocationsI77

The following are revoked —

a

the Social Security Benefits Up-rating Regulations (Northern Ireland) 202015 to the extent that they remain in operation; and

b

the Social Security Benefits Up-rating Regulations 202116.

Sealed with the Official Seal of the Department for Communities on 22nd March 2022

(L.S.)Anne McClearyA senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provisions necessary to give full effect to the 2022 Up-rating and are consequential on the Social Security Benefits Up-rating Order (Northern Ireland) 2022 (the “Up-rating Order”).

Regulation 2 provides that where a question has arisen about the effect of the Up-rating Order on a benefit already in payment, the altered rates will not apply until that question is determined.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 and regulation 21 of the State Pension Regulations (Northern Ireland) 2015 so as to restrict the application of increases specified in the Up-rating Order in cases where the beneficiary is not ordinarily resident in Northern Ireland.

Regulation 4 increases from £128 to £132 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. The Social Security (Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2002 replace references to “Invalid Care Allowance” with references to “Carer’s Allowance” in certain legislative provisions, but “Invalid Care Allowance” remains part of the title of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 for statutory purposes.

Regulation 5 raises from £245 to £255, and from £33 to £34, the earnings limit 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 but are saved for transitional cases by virtue of Article 2 of the Tax Credits Act 2002 (Transitional Provisions and Savings) Order (Northern Ireland) 2003.

Regulation 6 increases from £26.20 to £27.00 the amount allowed for personal expenses for a person in certain accommodation, where that person’s benefit is paid to the accommodation provider.

Regulation 7 revokes the Social Security Benefits Up-rating Regulations (Northern Ireland) 2020 to the extent they remain in operation and the Social Security Benefits Up-rating Regulations (Northern Ireland) 2021.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5, to the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.