The Social Security Benefits Up-rating Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument contains only provisions made in consequence of an order under sections 150 and 150A of the Social Security Administration Act 1992 (c.5) (“the Administration Act”) and an order under section 1 of the Welfare Benefits Up-rating Act 2013 (c.16). Accordingly, by virtue of section 172(1) and (3) of, and paragraph 3 of Schedule 7 to, the Administration 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 2015 (S.I. 2015/457), or of the Welfare Benefits Up-rating Order 2015 (S.I. 2015/30) in so far as that Order affects the weekly rate of maternity allowance, on a benefit already in payment, the altered rates will not apply until that question is determined by the Secretary of State, the First-tier Tribunal or the Upper Tribunal.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (S.I. 1975/563) so as to restrict the application of the increases specified in the Social Security Benefits Up-rating Order 2015, or in the Welfare Benefits Up-rating Order 2015 in so far as that Order affects the weekly rate of maternity allowance, in cases where the beneficiary is not ordinarily resident in Great Britain.

Regulation 4 raises from £225 to £230 the earnings limit for child dependency increases payable with a carer’s allowance. These increases were abolished by section 1(3)(e) of, and Schedule 6 to, the Tax Credits Act 2002 (c.21) but are saved for transitional cases by virtue of article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 (S.I. 2003/938).

Regulation 5 increases from £23.75 to £24.00 the amount allowed for personal expenses for a person in certain accommodation, where that person’s benefit is paid to the accommodation provider.

Regulation 6 revokes the Social Security Benefits Up-rating Regulations 2014 (S.I. 2014/618).

A full impact assessment has not been published for this instrument as it has a negligible impact on business and civil society organisations.