Statutory Instruments
Social Security
Made
12th March 2019
Laid before Parliament
18th March 2019
Coming into force
8th April 2019
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 70(8), 90, 113(1), 122(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1, sections 5(1)(p), 155(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992 M2 and sections 53 and 54(5) of the Pensions Act 2014 M3.
These Regulations contain provisions in consequence of an order under sections 150 and 150A M4 of the Social Security Administration Act 1992.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it M5.
Marginal Citations
M11992 c.4. Section 90 was amended by paragraph 26 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c.30) and by article 2 of, and paragraphs 1 and 2 of the Schedule to, S.I. 2002/1457. Section 90 was repealed by Schedule 6 to the Tax Credits Act 2002 (c.21) (“the 2002 Act”) in respect of child dependency increases, subject to savings by article 3 of S.I. 2003/938. Section 90 was repealed for remaining purposes by Part 2 of Schedule 7 to the Welfare Reform Act 2009 (c.24), subject to a saving by section 15(2)(b) of that Act. Section 113(1) was amended by paragraph 38 of Schedule 24 to the Civil Partnership Act 2004 (c.33). Section 175(1) and (4) was amended by paragraph 29(2) and (4) respectively of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) (“the 1999 Act”). Section 122(1) is cited for the meaning assigned to the word “prescribed”.
M21992 c.5. Section 189(1) was amended by section 86 of, and paragraph 109(a) of Schedule 7 and Schedule 8 to, the Social Security Act 1998 (c.14) (“the 1998 Act”), paragraph 57(2) of Schedule 3 to the 1999 Act and Schedule 6 to the 2002 Act. Section 189(4) was amended by section 86 of, and paragraph 109(c) of Schedule 7 and Schedule 8 to, the 1998 Act and article 4 of, and Part 1 of the Schedule to, S.I. 2013/252. Section 189(5) was amended by section 86 of, and paragraph 109(d) of Schedule 7 and Schedule 8 to, the 1998 Act. Section 191 is cited for the meaning assigned to the word “prescribed” and was amended by paragraph 10 of Schedule 5 to the Welfare Reform Act 2007 (c.5).
M4Section 150A was inserted by section 5(1) of the Pensions Act 2007 (c.22).
M5Section 173(1)(b) of the Social Security Administration Act 1992 (c.5) provides that proposals in respect of regulations which would otherwise be referable to the Social Security Advisory Committee may not be so referred with the agreement of that Committee.
1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2019 and come into force on 8th April 2019.
(2) These Regulations extend to England and Wales and Scotland save for regulations 4 and 5 which extend to England and Wales only.
(3) In these Regulations, “the Up-rating Order” means the Social Security Benefits Up-rating Order 2019 M6.
Marginal Citations
2. 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 1998 M7.
3. Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 M8 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations 2015 M9 (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 M10 respectively.
Marginal Citations
M8S.I. 1975/563; amending instruments are S.I. 1977/342, 1979/1432, 1989/1642, 1990/621, 1992/1700, 1994/1832, 2000/2876, 2005/1551 and 2877, 2010/788 and 2017/422.
M9S.I. 2015/173; regulation 21 was inserted by S.I. 2016/199.
M10Relevant amending instrument is S.I. 2016/199.
4. In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 M11 (circumstances in which a person is or is not to be treated as gainfully employed) for “£120”, in both places where it occurs, substitute “ £123 ”.
Marginal Citations
M11S.I. 1976/409; relevant amending instruments are S.I. 1996/2744, 2002/2497 and 2018/280.
5. In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 M12 (increase of carer's allowance for child dependants)—
(a)for “£235”, in both places where it occurs, substitute “ £240 ”; and
(b)for “£31” substitute “ £32 ”.
Marginal Citations
M12S.I. 1977/343. Paragraph 2B was inserted by S.I. 1984/1699; relevant amending instruments are S.I. 2002/2497 and 2018/332.
6. In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 M13 (deductions from benefit and direct payment to third parties) for “£25”, in each place where it occurs, substitute “ £25.60 ”.
Marginal Citations
M13S.I. 1987/1968. Sub-paragraph (2A) was inserted by S.I. 2003/2325; relevant amending instruments are S.I. 2013/2536 and 2018/332.
7. The Social Security Benefits Up-rating Regulations 2018 M14 are revoked.
Marginal Citations
Signed by authority of the Secretary of State for Work and Pensions
Justin Tomlinson
Parliamentary Under-Secretary of State
Department for Work and Pensions
12th March 2019
(This note is not part of the Regulations)
This instrument contains provisions necessary to give full effect to the 2019 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 2019 (S.I. 2019/480) 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 2019 in cases where the beneficiary is not ordinarily resident in Great Britain.
Regulation 4 increases from £120 to £123 the amount which a person eligible for payment of carer's allowance can earn in the immediately preceding week without being deemed to be gainfully employed and, therefore, losing their entitlement to carer's allowance. The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497) replace references to “invalid care allowance” with references to “carer's allowance” in certain legislative provisions, but “Invalid Care Allowance” remains part of the title of the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) for statutory purposes.
Regulation 5 raises from £235 to £240, and from £31 to £32, 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 6 increases from £25 to £25.60 the amount allowed for personal expenses for a person in certain accommodation, where that person's benefit is paid to the accommodation provider.
Regulation 7 revokes the Social Security Benefits Up-rating Regulations 2018 (S.I. 2018/332).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sector is foreseen.