Statutory Instruments

2006 No. 956

SOCIAL SECURITY, NORTHERN IRELAND

The Guardian’s Allowance Up-rating (Northern Ireland) Order 2006

Made

29th March 2006

Coming into force

10th April 2006

As a result of carrying out a review in Great Britain of the sum specified in section 150(1)(a)(i) (guardian’s allowance) of the Social Security Administration Act 1992(1) (“the Great Britain Administration Act”), the Treasury have determined that the general level of prices was higher at the end of the period under review than it was at the beginning.

A draft of an Order was laid before and approved by resolution of each House of Parliament in accordance with section 150(2) and 190(1)(a) of that Act.

Section 132(1) of the Social Security Administration (Northern Ireland) Act 1992(2) (“the Northern Ireland Administration Act”) provides that, whenever the Treasury make an Order under section 150 of the Great Britain Administration Act, they may make corresponding provision in respect of Northern Ireland.

A draft of this Order was laid before and approved by resolution of, each House of Parliament pursuant to sections 132(1) and 166(10A) of the Northern Ireland Administration Act(3).

Accordingly the Treasury in exercise of the powers conferred by section 132(2) of the Northern Ireland Administration Act and now exercisable by them, make the following Order:

Citation and commencement

1.  This Order may be cited as the Guardian’s Allowance Up-rating (Northern Ireland) Order 2006 and shall come into force on 10th April 2006.

Amendment of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992

2.  In paragraph 5 of Part III of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (amount of guardian’s allowance) for “£12.20” substitute “£12.50”(4).

Gillian Merron

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

29th March 2006

Explanatory Note

(This note is not part of the Order)

This Order is made by the Treasury under section 132 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) as the consequence of a review, conducted by them under section 150 of the Social Security Administration Act 1992 (c. 5), of the general level of prices in Great Britain. It details the amount mentioned in section 150(1) which it falls to the Treasury to determine in consequence of the transfer of functions in respect of guardian’s allowance under section 49(3) of the Tax Credits Act 2002 (c. 21).

Article 1 provides for the citation and commencement of the Order.

Article 2 increases the weekly rate of guardian’s allowance prescribed in paragraph 5 of Part III of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) from £12.20 to £12.50.

(1)

1992 c. 5. The functions of the Secretary of State in respect of guardian’s allowance under Part 10 of the Act which are relevant to the making of this Order were transferred to the Treasury by section 49(3) of the Tax Credits Act 2002 (c. 21 “the 2002 Act”).

(2)

1992 c. 8. The functions of the Department for Social Development in respect of guardian’s allowance under section 132 of the Act which are relevant to the making of this Order were transferred to the Treasury by section 49(4) of the 2002 Act.

(3)

Subsection (10A) was inserted by paragraph 50(4) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and amended by paragraph 11(3) of Schedule 4 to the 2002 Act.

(4)

1992 c. 7. Last amended by article 2 of S.I. .2005/683.