Statutory Instruments
2008 No. 667
Social Security
The Social Security Benefits Up-rating Regulations 2008
Made
9th March 2008
Laid before Parliament
13th March 2008
Coming into force
7th April 2008
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 90, 113(1), 122(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992( 1 ) and sections 5(1)(p), 155(3), 189(1) and (4) and 191 of the Social Security Administration Act 1992( 2 ).
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2008 and shall come into force on 7th April 2008.
(2) In these Regulations, “the Up-rating Order” means the Social Security Benefits Up-rating Order 2008( 5 ).
Exceptions relating to payment of additional benefit by virtue of the Up-rating Order
2.Section 155(3) of the Social Security Administration Act 1992(effect of alteration of rates of benefit under Parts II to V 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( 6 ).
Persons not ordinarily resident in Great Britain
3.Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975( 7 ) (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4. In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977( 8 ) (increase of carer’s allowance for child dependants)—
(a) for “£180”, in both places where it occurs, substitute “£185”; and
(b) for “£24” substitute “£25”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
5. In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987( 9 ) (deductions from benefit and direct payment to third parties) for “£20.45”, in each place where it occurs, substitute “£21.15”.
Revocation
6.The Social Security Benefits Up-rating Regulations 2007( 10 ) are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
9th March 2008
1992 c.4 . Section 90 was amended by section 70 of, and 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 also amended by section 60 of, and Schedule 6 to, the Tax Credits Act 2002 (c.21) (“the 2002 Act”) in respect of child dependency increases. Article 3 of S.I. 2003/938 saves the repealed provision in certain circumstances. Section 113(1) was amended by paragraph 38 of Schedule 24 to the Civil Partnership Act 2004 (c.33) . Section 175(1) was amended by paragraph 29(2) 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 “prescribe”.
1992 c.5 . Section 189(1) and (4) was amended by section 86 of, and Schedules 7 and 8 to, the Social Security Act 1998 (c.14) . Section 189(1) was also amended by section 2 of, and paragraph 57(2) of Schedule 3 to, the 1999 Act and section 60 of, and Schedule 6 to, the 2002 Act. Section 191 is cited for the meaning assigned to the word “prescribe”.
Section 150A was inserted by section 5(1) of the Pensions Act 2007 (c.22) .
See paragraph 3 of Schedule 7 to the Social Security Administration Act 1992.
S.I. 1975/563 ; relevant amending instruments are S.I. 1977/342 , 1979/1432 , 1988/435 , 1989/1642 , 1990/621 , 1992/1700 , 1994/1832 , 2000/2876 and 2005/1551 and 2877 .
S.I. 1977/343 . Paragraph 2B was inserted by S.I. 1984/1699 ; relevant amending instruments are S.I. 2002/2497 and 2007/775 .
S.I. 1987/1968 . Sub-paragraph (2A) was inserted by S.I. 2003/2325 ; relevant amending instrument is S.I. 2007/775 .