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
2023 No. 151
The Social Security Benefits Up-rating (No. 3) Regulations (Northern Ireland) 2023
Made
Coming into operation
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, sections 20(1), 51(3) and (6) of the Pensions Act (Northern Ireland) 20154 and Articles 48(1) and (5) of, and paragraphs 1(1) and 4(2)(d) of Schedule 6 to, the Welfare Reform (Northern Ireland) Order 20155.
These Regulations contain provisions in consequence of an order under sections 132 and 132A of the Social Security Administration (Northern Ireland) Act 19926.
Citation, commencement and interpretation 1
1
These Regulations may be cited as the Social Security Benefits Up-rating (No. 3) Regulations (Northern Ireland) 2023 and shall come into operation on 26th September 2023.
2
In these Regulations “the Up-rating Order” means the Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 20237.
3
The Interpretation Act (Northern Ireland) 19548 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 Order 2
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 19989.
Persons not ordinarily resident in Northern Ireland 3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 197810 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations (Northern Ireland) 201511 (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) 201512 respectively.
Amendment of the Social Security (Invalid Care Allowance) Regulations 4
In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 197613 (circumstances in which a person is or is not to be treated as gainfully employed) for “£132” substitute “£139”
.
Amendment of the Social Security Benefit (Dependency) Regulations 5
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 197714 (increase of carer’s allowance for child dependants)—
a
for “£255”, in both places, substitute “£280”
; and
b
for “£34” substitute “£37”
.
Amendment of the Social Security (Claims and Payments) Regulations 6
In paragraph 4(2A) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 198715 (deductions from benefits and direct payment to third parties) for “£27.00”, in each place it occurs, substitute “£29.75”
.
Amendment of the Universal Credit (Transitional Provisions) Regulations 7
1
In paragraph 5 of Schedule 2 to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 201616 (claimants previously entitled to a severe disability premium)—
a
for “£120” substitute “£132.12”
;
b
for “£285” substitute “£313.79”
; and
c
for “£405” substitute “£445.91”
.
2
The amounts in paragraph (1) apply only in relation to an award of universal credit where the first assessment period begins on or after 10th April 2023.
Revocations 8
Sealed with the Official Seal of the Department for Communities on 26th September 2023.
(This note is not part of the Regulations)