2010 No. 1035
Social Security

The Guardian’s Allowance Up-rating Regulations 2010

Made
Laid before Parliament
Coming into force
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 113(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 155(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922, sections 113(1), and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19923 and sections 135(3), 165(1), (4) and (5) and 167(1) of the Social Security Administration (Northern Ireland) Act 19924, and now vested in them5.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2010 and shall come into force on 12th April 2010.

(2)

In these Regulations—

“the Great Britain Up-rating Order” means the Guardian’s Allowance Up-rating Order 20106;
“the Northern Ireland Up-rating Order” means the Guardian’s Allowance Up-rating (Northern Ireland) Order 20107; and

“the Up-rating Orders” means the Great Britain Up-rating Order and the Northern Ireland Up-rating Order.

Exceptions relating to payment of allowance by virtue of the Up-rating Orders2.

Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either—

(a)

the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or

(b)

whether the conditions for receipt of that allowance at the altered rate are satisfied,

until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 19988 or article 9 of the Social Security (Northern Ireland) Order 19989 (as the case may be).

Persons not ordinarily resident in either Great Britain or Northern Ireland3.

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 197510 and regulation 5 of the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 197811(application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations supersede the Guardian’s Allowance Up-rating Regulations 2009 (S.I. 2009/810).

Regulation 2 provides that where a question has arisen about the effect of the Guardian’s Allowance Up-rating Order 2010 (“the Great Britain Up-rating Order”) or the Guardian’s Allowance Up-rating (Northern Ireland) Order 2010 (“the Northern Ireland Up-rating Order”) on a guardian’s allowance already in payment, the altered rates will not apply until that question is determined by Her Majesty’s Revenue and Customs, an appeal tribunal or a Commissioner.

Regulation 3 applies the provisions of Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 1978 so as to restrict the application of the increases specified in the Up-rating Orders in cases where the beneficiary lives abroad.

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.