The Social Security Benefits Up-rating Order (Northern Ireland) 2018

Type Ni-Statutory-Rule
Publication 2018-03-20
Last updated 2018-09-29
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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articles Not indexed
Reform history JSON API

[^f00011]: S.R. 2008 No. 280; relevant amending Rules are S.R. 2008 Nos.413 and 503, S.R. 2016 No. 110, S.R. 2017 No. 51 and S.R. 2018 No. 56

[^f00012]: S.R. 2016 No. 219; relevant amending Rules are S.R. 2017 No. 51 and S.R. 2018 No. 56

[^f00013]: S.R. 2006 No. 405; relevant amending Rules are S.R. 2008 No. 378, S.R. 2009 No. 382, S.R. 2011 Nos. 136 and 357, S.R. 2012 No. 116, S.R. 2016 Nos. 110, 236, 310 and 375, S.R. 2017 No. 79 and S.R. 2018 No. 56

[^f00014]: S.R. 2006 No. 406; relevant amending Rules are S.R. 2008 No. 498, S.R. 2012 No. 116, S.R. 2016 Nos. 110, 236 and 310 and S.R. 2018 No. 56

[^f00015]: S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 Nos. 146 and 318, S.R. 1990 No. 346, S.R. 1993 No. 373, S.R. 1994 No. 77, S.R. 1995 Nos. 301 and 434, S.R. 1996 Nos. 199, 288, 449 and 476, S.R. 1997 No. 3, S.R. 1998 No. 112, S.R. 1999 Nos. 382 and 472 (C. 36), S.R. 2000 No. 367, S.R. 2002 Nos. 132 and 323, S.R. 2003 Nos. 191 and 195, S.R. 2004 No. 394, S.R. 2006 No. 128, S.R. 2007 No. 154, S.R. 2011 No. 135, S.R. 2016 Nos. 110 and 228, S.R. 2017 No. 51 and S.R. 2018 No. 56. See also regulation 4 of S.R. 2017 No. 79

[^f00016]: S.R. 1996 No. 198; relevant amending Rules are S.R. 1996 Nos. 288 and 476, S.R. 1997 No. 3, S.R. 1998 No. 112, S.R. 1999 Nos. 382 and 428 (C. 32), S.R. 2000 Nos. 350 and 367, S.R. 2001 No. 120, S.R. 2002 No. 323, S.R. 2003 Nos. 195 and 267, S.R. 2004 No. 394, S.R. 2006 No. 128, S.R 2007 No. 154, S.R. 2008 No. 503, S.R. 2010 No. 103, S.R. 2011 No. 135, S.I. 2013/3021 and S.R. 2018 No. 56. See also regulation 5 of S.R. 2017 No. 79

[^f00017]: S.R. 2003 No. 28; relevant amending Rules are S.R. 2004 No. 394, S.R. 2006 No. 359, S.R. 2008 No. 503, S.R. 2016 No. 110 and S.R. 2018 No. 56

[^f00018]: S.R. 2016 No. 216; relevant amending Rules are S.I. 2016/999 (N.I. 1), S.R. 2016 No. 226, S.R. 2017 Nos. 79 and 146 and S.R. 2018 No. 56

[^f00019]: 1954 c. 33 (N.I.)

[^f00020]: Part V was amended by paragraph 41 of Schedule 1 to the Child Benefit Act 2005 (c. 6) and Article 71 of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I.1))

[^f00021]: Section 44(4) was substituted by Article 64 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and amended by S.R. 2018 No. 56

[^f00022]: Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993, paragraphs 6(2) to (4) and 18(12) to (17) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), section 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), paragraphs 2 to 13 of Schedule 9 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), paragraph 6 of the Schedule to S.R. 2005 No. 434 and paragraph 19 of Schedule 1 to the Pensions Act (Northern Ireland) 2008

[^f00023]: 1975 c. 15; section 120 was amended by paragraph 9 of Schedule 3 to the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)) and repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

[^f00024]: S.I. 1986/1888 (N.I. 18); Article 64 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

[^f00025]: Section 55A was inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and amended by section 37(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 4 of Schedule 11 to the Pensions Act (Northern Ireland) 2015, and section 55AA was inserted by paragraph 5 of Schedule 11 to that Act

[^f00026]: Schedule 5A was inserted by paragraph 14 of Schedule 9 to the Pensions (Northern Ireland) Order 2005

[^f00027]: Section 13(2) was amended by paragraph 5(b) of Schedule 1 to S.R. 2005 No. 433

[^f00028]: See section 132(4) of the Social Security Administration (Northern Ireland) Act 1992 as amended by paragraph 41(c) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993; see also S.R. 2018 No. 42

[^f00029]: S.R. 2015 No. 315; regulation 1A was inserted by regulation 2 of S.R. 2016 No. 88 and amended by S.R. 2018 No. 56

[^f00030]: Section 47(1) was amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) (see also regulation 23 of S.R. 1995 No. 35) and section 48C was inserted by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and amended by paragraph 6 of Schedule 8 and paragraph 11 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, sections 33(12) and 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, paragraph 2 of the Schedule to S.R. 2005 No. 434, paragraph 10 of Schedule 2 to the Pensions Act (Northern Ireland) 2008 and paragraph 55 of Schedule 12 to the Pensions Act (Northern Ireland) 2015

[^f00031]: Section 80 was repealed by Schedule 6 to the Tax Credits Act 2002; see also Article 2 of S.R. 2003 No. 212 which saves the repealed provision in certain circumstances. Section 80(4) was amended by Article 7 of S.R. 2018 No. 56

[^f00032]: Section 153(1) was amended by Article 10(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and Article 8 of S.R. 2018 No. 56

[^f00033]: S.R. 1987 No. 30; relevant amending Rules are S.R. 2002 No. 354 and S.R. 2018 No. 56

[^f00034]: S.R. 2002 No. 380; relevant amending Rules are S.R. 2004 No. 111 and S.R. 2018 No. 56

[^f00035]: S.R. 2015 No. 94; relevant amending Rule is S.R. 2018 No. 56

[^f00036]: 1966 c. 6 (N.I.); sections 35 and 36 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 2 of S.R. 1978 No. 105

[^f00037]: S.R. 1978 No. 105; relevant amending Rules are S.R. 1989 No. 373, S.R. 2005 No. 121 and S.R. 2018 No. 56

[^f00038]: S.R. 2005 No. 121; relevant amending Rules are S.R 2005 No. 541, S.R. 2006 No. 104 and S.R. 2018 No. 56

[^f00039]: S.R. 1979 No. 243; regulation 11(3) was amended by regulation 2(4) of S.R. 1987 No. 404, regulation 8(7) of S.R. 1989 No. 373, Article 5(5) of S.R. 2015 No. 411 and Article 12 of S.R. 2018 No. 56

[^f00040]: S.R. 2010 No. 62; regulation 2A was inserted by Article 26(4) of S.R. 2015 No. 411 and amended by Article 13 of S.R. 2018 No. 56

[^f00041]: S.R. 1992 No. 32; regulation 4 was amended by regulation 2(5) of S.R. 1993 No. 340 and Article 14 of S.R. 2018 No. 56

[^f00042]: S.R. 2016 No. 217; regulation 24 was amended by Article 15 of S.R. 2018 No. 56

[^f00043]: S.R. 1994 No. 461; regulation 9(2) was amended by Article 16 of S.R. 2018 No. 56

[^f00044]: S.R. 1995 No. 35; regulation 18(2) was amended by Article 17 of S.R. 2018 No. 56

[^f00045]: S.R. 2010 No. 407; regulation 3 was amended by Article 23 of S.R. 2017 No. 66 and regulations 2 and 3 were amended by Article 18 of S.R. 2018 No. 56

[^f00046]: S.R. 2017 No. 203

[^f00047]: See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit

[^f00048]: Regulation 17(1)(b) was amended by regulation 4(7) of S.R. 1993 No. 373, regulation 18(1)(c) was amended by regulation 4(8) of S.R. 1993 No. 373 and regulation 21(1) was amended by regulation 4(3) of S.R. 1994 No. 77, regulation 12 of S.R. 1996 No. 199, regulation 2(2) of S.R. 1996 No. 449, paragraph 6(a) of the Schedule to S.R. 2002 No. 132 and paragraph 4(a) of Schedule 1 to S.R. 2003 No. 195. See also regulation 4 of S.R. 2017 No. 79

[^f00049]: Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367 and sub-paragraph (2) was substituted by regulation 2(7)(f) of S.R. 2007 No. 154 and paragraph 14 was substituted by regulation 2(7)(g) of S.R. 2007 No. 154 and sub-paragraph (2) was amended by regulation 3(6)(b) of S.R. 2011 No. 135, Article 14(5)(e)(ii) of S.I. 2013/3021 and regulation 11(5)(d)(ii) of S.R. 2016 No. 228. See also regulation 4 of S.R. 2017 No. 79

[^f00050]: Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318, regulation 5(4)(a) of S.R. 1996 No. 288, regulation 8 of S.R. 1998 No. 112 and Article 19(4) of S.R. 2018 No. 56

[^f00051]: See S.R. 2008 No. 503 which modifies paragraph 11(5) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons

[^f00052]: Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18(1) and (2) was amended by regulation 2(3)(j)(i) and (ii) of S.R. 1995 No. 434, regulation 3 of S.R. 1997 No. 3, Article 7(2) of S.R. 1999 No. 472 (C. 36), regulation 4(b)(i) of S.R. 2004 No. 394 and Article 19(6) of S.R. 2018 No. 56

[^f00053]: S.R. 1987 No. 460; regulation 15 was amended by regulation 10 of S.R. 1988 No. 132, regulation 2(3) of S.R. 1998 No. 153, regulation 4 of S.R. 1989 No. 371 and regulation 3 of S.R. 1991 No. 341

[^f00054]: Regulation 72(1) and (2) was amended by Article 20(3) of S.R. 2012 No. 116 and Article 21(4) of S.R. 2018 No. 56

[^f00055]: Paragraphs 2 and 6(2) were amended by Article 21(5) of S.R. 2018 No. 56

[^f00056]: Part II of Schedule 4 was omitted by regulation 3(1)(c) of S.R. 2016 No. 310 and regulation 5 of that instrument makes transitional arrangements in connection with the abolition of the family premium; paragraph 3(1) was amended by regulation 19(7)(a) of S.R. 2011 No. 357 and Article 21(7) of S.R. 2018 No. 56

[^f00057]: Part VI was added by regulation 3(17)(d) of S.R. 2008 No. 378 and the heading was amended by paragraph 6(7)(b)(i) of Schedule 1 to S.R. 2017 No. 51 but the wording remains in force for certain cases under Schedule 2 to that Rule and paragraph 26 was amended by Article 21(9) of S.R. 2018 No. 56

[^f00058]: Paragraph 17(1) and (3)(c) was amended by regulation 2(6)(b) of S.R. 2009 No. 382 and Article 21(10) of S.R. 2018 No. 56

[^f00059]: Paragraph 58 was amended by Article 21(11) of S.R. 2018 No. 56

[^f00060]: Regulation 53(1) and (2) was amended by Article 21(3) of S.R. 2012 No. 116 and Article 22(3) of S.R. 2018 No. 56

[^f00061]: Paragraphs 2 and 6(2) were amended by Article 22(4) of S.R. 2018 No. 56

[^f00062]: Part II of Schedule 4 was omitted by regulation 3(2)(b) of S.R. 2016 No. 310 and regulation 5 of that instrument makes transitional arrangements in connection with the abolition of the family premium; paragraph 3(1) was amended by Article 22(6) of S.R. 2018 No. 56

[^f00063]: Paragraph 9 was amended by Article 22(8) of S.R. 2018 No. 56

[^f00064]: Paragraph 22 was amended by regulation 6(6)(d) of S.R. 2008 No. 498 and Article 22(9) of S.R. 2018 No. 56

[^f00065]: See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit

[^f00066]: Regulation 83(b) and 84(1)(c) were omitted, and regulation 85(1) was amended, by Schedule 2 to S.R. 2003 No. 195 and regulation 8 of that instrument makes transitional arrangements in connection with the introduction of child tax credit. Regulation 85(1) was also amended by regulation 4(5)(a) of S.R. 2003 No. 267. See also regulation 5 of S.R. 2017 No. 79

[^f00067]: Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367 and sub-paragraph (2) was substituted by regulation 3(8)(e) of S.R. 2007 No. 154 and paragraph 16 was substituted by regulation 3(8)(f) of S.R. 2007 No. 154 and sub-paragraph (2) was amended by regulation 7(7)(b)(iii) of S.R. 2011 No. 135, Article 17(7)(e)(ii) of S.I. 2013/3021 and paragraph 14(7)(e)(ii) of S.R. 2016 No. 228. See also regulation 5 of S.R. 2017 No. 79

[^f00068]: Paragraph 4(1) was amended by regulation 9(4)(a) of S.R. 1996 No. 288, regulation 10(a) of S.R. 1998 No. 112 and Article 23(4) of S.R. 2018 No. 56. See also regulation 5 of S.R. 2017 No. 79

[^f00069]: See S.R. 2008 No. 503 which modifies paragraph 10(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons

[^f00071]: Regulation 6 was amended by Article 24(2) of S.R. 2018 No. 56

[^f00072]: Regulation 7 was amended by Article 24(3)(b) of S.R. 2018 No. 56

[^f00073]: See S.R. 2008 No. 503; which modifies paragraph 8(2) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons

[^f00076]: Paragraph 1(5) and (7) was amended by Article 24(5) of S.R. 2018 No. 56

[^f00077]: Paragraph 13 was amended by regulation 2(4)(c)(i) of S.R. 2017 No. 51 and Article 25(3) of S.R. 2018 No. 56

[^f00078]: See S.R. 2008 No. 503 which modifies paragraph 12(4) so that it applies as if the reference to “£100,000” were to “£200,000” in relation to certain persons

[^f00080]: Paragraph 19(1) and (2) was amended by Article 25(4) of S.R. 2018 No. 56

[^f00081]: S.R. 2017 No. 51. Regulation 62(2) of the Employment and Support Allowance Regulations 2016 was substituted by regulation 3(4)(b) of S.R. 2017 No. 51 but that amendment does not apply where any of the circumstances in paragraphs 2 to 7 of Schedule 2 to that Statutory Rule apply and was amended by Article 26 of S.R. 2018 No. 56

[^f00082]: S.R. 2018 No. 56

[^f00083]: Paragraphs 2 and 2A were substituted for paragraph 2 by Article 4(2) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00084]: Paragraph 5 was amended by paragraph 18(11) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and paragraph 59 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.))

[^f00085]: Paragraph 4 was amended by Article 2(2)(a)(vi) of S.R. 2002 No. 321

[^f00086]: Paragraph 7 was amended by paragraph 68(b) of Schedule 12 to the Pensions Act (Northern Ireland) 2015

[^f00087]: Paragraph 1A was inserted and paragraph 2 substituted by Article 4(5) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00088]: Paragraph 4A was inserted by paragraph 13 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; paragraphs 4 and 4A were repealed by Schedule 6 to the Tax Credits Act 2002 (c. 21) and saved in certain circumstances by Article 2 of S.R. 2003 No. 212

[^f00089]: Paragraphs 5 and 6 were amended by paragraph 18 of Schedule 1 to the Pensions Act (Northern Ireland) 2008; see section 4 of that Act in relation to certain cases

[^f00090]: Paragraph 9 was amended by Article 2(2)(a)(vii) of S.R. 2002 No. 321 and repealed by Part 2 of Schedule 4 to the Welfare Reform Act (Northern Ireland) 2010 (c. 13); see section 14 of that Act in relation to certain cases

[^f00091]: Part V was amended by paragraph 41 of Schedule 1 to the Child Benefit Act 2005 (c. 6) and Article 71 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)). Widow’s and widower’s pension are payable in relation only to deaths occurring before 11th April 1988 (paragraph 14(1) of Schedule 7 to the Contributions and Benefits Act)

[^f00096]: See S.R. 2003 No. 195 which omits provisions relating to children and young persons and makes transitional arrangements in connection with the introduction of child tax credit. See also regulation 4 of S.R. 2017 No. 79

[^f00099]: Paragraph 2(1) was amended by regulation 6(4) of S.R. 2017 No. 79

[^f00108]: Part IVB was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350 and paragraph 20M was amended by regulation 4(c)(vi) of S.R.2000 No. 367, regulation 2(7) of S.R. 2001 No. 120, paragraph 1 of the Schedule to S.R. 2002 No. 323, regulation 3(8)(l) of S.R. 2007 No. 154 and regulation 5(5)(j) of S.R. 2010 No. 103

[^f00109]: The amount for the first child or qualifying young person was abolished by Article 10(5)(b)(i) of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1)) subject to the saving in regulation 44 of S.R. 2016 No. 226 inserted by regulation 3(3) of S.R. 2017 No. 79

[^f00110]: The row was amended by Article 10(5)(b)(ii) of the Welfare Reform and Work (Northern Ireland) Order 2016

[^f00111]: Amendments made by regulation 2(b) of S.R. 2017 No. 146 but the wording remains in force for certain cases under Schedule 2 to that Rule

Editorial notes

[^key-5be181abdbd75feb524f4986a173173d]: Order revoked (29.9.2018) by The Social Security Benefits Up-rating (No. 2) Order (NorthernIreland)2018 (S.R. 2018/167), arts. 1, 29

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