The Guardian’s Allowance Up-rating Order 2010

Statutory Instruments

2010 No. 978

Social Security

The Guardian’s Allowance Up-rating Order 2010

Made

24th March 2010

Coming into force

12th April 2010

Following the carrying out a review in Great Britain of the sums specified in section 150(1)(a)(i) (rates of benefits, etc) of the Social Security Administration Act 1992(1) (“the Administration Act”) in the tax year ending with 5th April 2010, the Treasury have determined that the general level of prices was not greater at the end of the period under review than it was at the beginning.

In accordance with the discretion afforded by virtue of section 23 of the Welfare Reform Act 2009(2) (“the Reform Act”) the Treasury considered it appropriate, having regard to the national economic situation and other matters they considered relevant, to lay a draft of the following Order before each House of Parliament which increases the weekly rate of guardian’s allowance.

A draft of this Order was laid before and has been approved by resolution of each House of Parliament in accordance with section 190(1)(a) of the Administration Act and section 23 of the Reform Act.

Accordingly, the Treasury make the following Order in the exercise of the powers conferred by sections 150(9) and 189(4) of the Administration Act and now vested in them(3).

Citation and commencement

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

Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992

2.  In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits Act 1992(4) (weekly rate of guardian’s allowance) for “£14.10” substitute “£14.30”.

Tony Cunningham

Dave Watts

Two of the Lords Commissioners for Her Majesty’s Treasury

24th March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made by the Treasury following a review of the general level of prices conducted by them in the tax year ending with 5th April 2010 under section 150 of the Social Security Administration Act 1992 (c. 5). Although the Treasury determined that the general level of prices was not greater at the end of the period under review than it was at the beginning, they have decided to use their discretion afforded by section 23 of the Welfare Reform Act 2009 (c. 24) to increase the weekly rate of guardian’s allowance prescribed in paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (c. 4) from £14.10 to £14.30 with effect from 12th April 2010. The weekly rate of guardian’s allowance was last amended by the Guardian’s Allowance Up-rating Order 2009 (S.I. 2009/797).

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

(1)

1992 c. 5.

(2)

2009 c. 24.

(3)

The functions of the Secretary of State in respect of guardian’s allowance under part 10 of the Administration 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).

(4)

1992 c. 4. This paragraph was last amended by S.I. 2009/797.