The Social Security Benefits Up-rating Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

This instrument contains only provisions in consequence of an order under section 150 of the Social Security Administration Act 1992 (up-rating of benefits). Accordingly, by virtue of paragraphs 3 and 12 of Schedule 7 to that Act, the Secretary of State has not referred these Regulations to the Social Security Advisory Committee or to the Industrial Injuries Advisory Council.

Regulation 2 provides that where a question has arisen about the effect of the Up-rating Order (defined in regulation 1(2) of these Regulations) on a benefit already in payment, the altered rates will not apply until that question is determined by an adjudicating authority.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefits (Persons Abroad) Regulations 1975 so as to restrict the application of the increase specified in the Up-rating Order in cases where the beneficiary lives abroad.

Regulation 4 raises from £2,418.00 to £2,496.00 a year the earnings limit which applies to unemployability supplement.

Regulation 5 raises from £135.00 to £140.00 and from £17.00 to £18.00 the earnings limits for child dependency increases payable with invalid care allowance.

Regulation 6 raises from £46.50 to £48.00 the limit of earnings from a councillor’s allowance in relation to incapacity benefit; this figure is also relevant for the purposes of severe disablement allowance by virtue of regulation 8A of the Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303).

Regulation 7 contains a revocation consequential upon the coming into force of these Regulations.

These Regulations do not impose any costs on business.