2017 No. 349

Social Security

The Social Security Benefits Up-rating Regulations 2017

Made

Laid before Parliament

Coming into force

The Secretary of State for Work and Pensions makes 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 5(1)(p), 155(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922 and sections 53 and 54(5) of the Pensions Act 20143.

These Regulations contain provisions in consequence of an order under sections 150 and 150A4 of the Social Security Administration Act 1992.

The Social Security Advisory Committee has agreed that proposals in respect of regulation 3 of these Regulations should not be referred to it5.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2017 and come into force on 10th April 2017.

2

In these Regulations, “the Up-rating Order” means the Social Security Benefits Up-rating Order 20176.

Exceptions relating to payment of additional benefit by virtue of the Up-rating Order2

Section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under Parts 2 to 5 of the Social Security Contributions and Benefits Act 1992) shall not apply if a question arises as to either—

a

the weekly rate at which the benefit is payable by virtue of the Up-rating Order, or

b

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

until that question has been determined in accordance with the provisions of the Social Security Act 19987.

Persons not ordinarily resident in Great Britain3

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 19758 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations 20159 (entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the Up-rating Order and to any up-rating increase as defined in section 22(1) of the Pensions Act 2014 respectively.

Amendment of the Social Security (Claims and Payments) Regulations 19874

In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 198710 (deductions from benefit and direct payment to third parties) for “£24.00”, in each place where it occurs, substitute “£24.25”.

Revocations5

The following are revoked—

a

regulation 5 of the Social Security Benefits Up-rating Regulations 201511, and

b

the Social Security Benefits Up-rating Regulations 201612.

Signed by authority of the Secretary of State for Work and Pensions

Caroline NokesParliamentary Under Secretary of StateDepartment for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument contains provisions necessary to give full effect to the 2017 benefits and pensions up-rating exercise.

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order 2017 (S.I. 2017/260) 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) and regulation 21 of the State Pension Regulations 2015 (S.I. 2015/173) so as to restrict the application of the increases specified in the Social Security Benefits Up-rating Order 2017 in cases where the beneficiary is not ordinarily resident in Great Britain.

Regulation 4 increases from £24.00 to £24.25 the amount allowed for personal expenses for a person in certain accommodation, where that person’s benefit is paid to the accommodation provider.

Regulation 5 revokes regulation 5 of the Social Security Benefits Up-rating Regulations 2015 (S.I. 2015/496) and the Social Security Benefits Up-rating Regulations 2016 (S.I. 2016/246).

An impact assessment has not been published for this instrument as it has no impact on business or civil society organisations.