The Guardian’s Allowance Up-rating Regulations 2024

Exceptions relating to payments of additional guardian’s allowance by virtue of the Up-rating Regulations

2.  Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 are to apply if a question arises as to either—

(a) the weekly rate at which guardian’s allowance is payable by virtue of the Up-rating Regulations, or

(b) whether the conditions for receipt of guardian’s allowance at the altered rate are satisfied,

until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998(1) or article 9 of the Social Security (Northern Ireland) Order 1998(2).

(1)

1998 c. 14. References to a decision of the Secretary of State in Chapter 2 of Part 1 are to be construed as references to a decision of the Commissioners of Inland Revenue (or an officer of Inland Revenue where the power to decide is exercised by an officer of Inland Revenue) by virtue of paragraph 15 of Schedule 4 to the Tax Credits Act 2002. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for His Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005. The functions of officers of the Board of Inland Revenue were transferred to officers of Revenue and Customs by section 7(2) of that Act. In so far as it is appropriate in consequence of section 7, a reference to an officer of the Board of Inland Revenue is to be read as a reference to an officer of Revenue and Customs by virtue of section 50(2) of that Act. Section 8 was amended by paragraph 22(2)(a) and (3) of Schedule 7 and part 1 of Schedule 10 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999, paragraph 6(q) of Schedule 1 to the Tax Credits Act 1999 (c. 10), part 6 of Schedule 13 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 6(2) and (3) of Schedule 1(2) to the State Pension Credit Act 2002 (c. 16), paragraph 1 of Schedule 6 to the Tax Credits Act 2002 and paragraph 45(a) and (b) of Schedule 2, paragraphs 17(3)(a) and (b) of Schedule 3, paragraphs 39(a) and (b) of Schedule 9 and part 8 of Schedule 14 to the Welfare Reform Act 2012 (c. 5), paragraph 33(a) and (b) of Schedule 12(1) and paragraph 39(2) and (3) of Schedule 16 to the Pensions Act 2014 c. 19 and section 20(4)(a) and (b) of the Welfare Reform and Work Act 2016 (c. 7).

(2)

S.I. 1998/1506 (N.I. 10). References to a decision of the Secretary of State in Chapter 2 Part 1 are to be construed as references to a decisions of the Commissioners of Inland Revenue (or an officer of Inland Revenue where the power to decide is exercised by an officer of Inland Revenue) by virtue of paragraph 15 of Schedule 4 to the Tax Credits Act 2002. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for His Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005. The functions of officers of the Board of Inland Revenue were transferred to officers of Revenue and Customs by section 7(2) of that Act. In so far as it is appropriate in consequence of section 7, a reference to an officer of the Board of Inland Revenue is to be read as an officer of Revenue and Customs by virtue of section 50(2) of that Act. Article 9 was amended by paragraphs 16(2)(a) and (3) of Schedule 6 and paragraph 1 of Schedule 9(I) to the Social Security Contributions (Transfer of Functions, etc.)(Northern Ireland) Order 1999, paragraphs 1(a) and (b) of Schedule 1 to the Tax Credits Act 1999 (c. 10), paragraph 1 of Schedule 13(VII) to the Welfare Reform and Pensions Act 1999, paragraphs 6(a) and (b) of Schedule 1(II) to the State Pension Credit Act (Northern Ireland) 2002 (c. 14), paragraph 1 of Schedule 6 to the Tax Credits Act 2002, paragraphs 10(3)(a) and (b) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2), paragraphs 29(a) and (b) of Schedule 12(1) and paragraphs 37(2) and (3) of Schedule 16 to the Pensions Act (Northern Ireland) 2015, paragraphs 36(a) and (b) of Schedule 2, paragraphs 37(a) and (b) of Schedule 9 and paragraph 1 of Schedule 12(7) to the Welfare Reform (Northern Ireland) Order 2015 and articles 15(5)(a) and (b) of the Welfare Reform and Work (Northern Ireland) Order 2016.