The Social Security Benefits Up-rating Regulations 2003

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 paragraph 3 of Schedule 7 to that Act, the Secretary of State has not referred these Regulations to the Social Security Advisory Committee.

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order 2003 (S.I. 2003/526) (“the Up-rating Order”) on a benefit already in payment, the altered rates will not apply until that question is determined by the Secretary of State, an appeal tribunal or a Commissioner.

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

Regulation 4 raises from £155 to £160 one of the earnings limits for child dependency increases payable with a carer’s allowance (formerly invalid care allowance).

Regulation 5 revokes the Social Security Benefits Up-rating Regulations 2002 except for regulations 1 and 5, the effect of which is to continue in force the increase in one of the earnings limits for child dependency payable with a carer’s allowance introduced on 9th April 2001.

These Regulations do not impose any costs on business.