The Guardian’s Allowance Up-rating (Northern Ireland) Order 2012

Statutory Instruments

2012 No. 835

Social Security, Northern Ireland

The Guardian’s Allowance Up-rating (Northern Ireland) Order 2012

Made

14th March 2012

Coming into force

9th April 2012

Following a review in the tax year ending with 5th April 2012 of the sums specified in section 150(1)(a)(i) of the Social Security Administration Act 1992(1) (“the Great Britain Administration Act”) (annual up-rating of benefits) the Treasury have determined that the general level of prices in Great Britain is greater at the end of the period under review than it was at the beginning(2).

Section 132(1) of the Social Security Administration (Northern Ireland) Act 1992(3) (“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 instrument has been laid before and approved by a resolution of each House of Parliament in accordance with section 166(10A) of the Northern Ireland Administration Act(4).

Accordingly, the Treasury make the following Order in exercise of the powers conferred by sections 132(1) and 165(4) of the Northern Ireland Administration Act and now vested in them(5).

Citation and commencement

1.  This Order may be cited as the Guardian’s Allowance Up-rating (Northern Ireland) Order 2012 and comes into force on 9th April 2012.

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

2.  In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6) (weekly rate of guardian’s allowance) for “£14.75” substitute “£15.55”.

Michael Fabricant

James Duddridge

Two of the Lords Commissioners for Her Majesty’s Treasury

14th March 2012

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 under section 150 of the Social Security Administration Act 1992 (c. 5) in the tax year ending 5th April 2012.

The weekly rate of guardian’s allowance was last amended by the Guardian’s Allowance Up-rating (Northern Ireland) Order 2011 (S.I. 2011/1030).

Article 2 increases the weekly rate of guardian’s allowance prescribed by paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 4) from £14.75 to £15.55 with effect from 9th April 2012.

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

(1)

1992 c. 5.

(2)

The functions of the Secretary of State in respect of guardian’s allowance under Part 10 of that Act (review and alteration of benefits: Great Britain) 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).

(3)

1992 c. 8.

(4)

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

(5)

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

(6)

1992 c. 7. This paragraph was last amended by S.I. 2011/1030.