The Social Security (2022 Benefits Up-rating) Order (Northern Ireland) 2023

Type Ni-Statutory-Rule
Publication 2023-03-08
Last updated 2023-05-09
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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articles Not indexed
Reform history JSON API
52

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,regulation 11(5)(d)(ii) of S.R. 2016 No. 228 and paragraph 5(4)(b) of Schedule 2 to S.I. 2021/786;see also regulation 4 of S.R. 2017 No. 79 and Article 20(2)(b) of S.R. 2022 No. 231

53

Paragraph 2(1) was amended by regulation 2(2), 2(3) and 2(7)(a) of S.R. 1996 No. 476, regulation 2(1) of S.R. 1999 No. 382 and regulation 2(8) of S.R. 2006 No. 128

54

Paragraph 3 was amendedby 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 20(4) of S.R. 2022 No. 231;see also regulation 4 of S.R. 2017 No. 79

55

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

56

Regulation 20 was substituted by regulation 2(14) of S.R. 2018 No. 37

57

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, Article 9(6) of S.R. 2017 No. 187 and Article 20(7) of S.R. 2022 No. 231

58

S.R. 1987 No. 460; regulation 15 was amended by regulation 10 of S.R. 1988 No. 132, regulation 2(3) of S.R. 1988 No. 153, regulation 4 of S.R. 1989 No. 371, regulation 3 of S.R. 1991 No. 341 and Article 21 of S.R. 2022 No. 231

59

Regulation 72(1) and (2) was amended by Article 20(3) of S.R. 2012 No. 116 and Article 23(3) of S.R. 2022 No. 231

60

Paragraphs 2 and 6(2) were amended by Article 23(4) of S.R. 2022 No. 231

61

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 23(6) of S.R. 2022 No. 231

62

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 wasamended by Article 23(8) of S.R. 2022 No. 231

63

Paragraph 17(1) and (3)(c) was amended by regulation 2(6)(b) of S.R. 2009 No. 382 and Article 23(9) of S.R. 2022 No. 231

64

Paragraph 58 was amended by Article 23(10) of S.R. 2022 No. 231

65

Regulation 53(1) and (2) was amended by Article 24(3) of S.R. 2022 No. 231

66

Paragraphs 2 and 6(2) were amended by Article 24(4) of S.R. 2022 No. 231

67

Paragraphs 1 and 2(1) were amend ed by Article 24(5) of S.R. 2022 No. 231

68

Part II of Schedule 4 was omitted by regulation 3(2)(b ) of S.R. 2016 No. 310 and regulation 5 of that Rulemakes transitional arrangements in connection with the abolition of the family premium; paragraph 3(1) was amended by Article 24(6) of S.R. 2022 No. 231

69

Paragraph 9 was amended by Article 24(8) of S.R. 2022 No. 231

70

Paragraph 22 was amended by regulation 6(6)(d) of S.R. 2008 No. 498 and Article 24(9) of S.R. 2022 No. 231

71

Regulation 79(1) was amended by regulation 4(9) of S.R. 2017 No.116 and Article 25 of S.R. 2022 No. 231

72

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

73

Regulations 83(b) and 84(1)(c) were omitted but remain in effect for certain cases and regulation 85(1) was amended by Schedule 2 to S.R. 2003 No. 195, 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 and Article 26(2)(a) of S.R. 2022 No. 231

74

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 omitted by paragraph 20(a) of Schedule 2 to S.R. 2003 No. 195 (but remains in effect for certain cases) and wassubstituted 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, paragraph 14(7)(e)(ii) of S.R. 2016 No. 228, regulation 7(4)(b) of Schedule 4 to S.I. 2021/786 and Article 20(7)(m) of S.I. 2022/177; see also regulation 5 of S.R. 2017 No. 79 and Article 26(2)(b) of S.R. 2022 No. 231

75

Paragraph 2 was omitted by paragraph 20(a) of Schedule 2 to S.R. 2003 No. 195 but remains in effect for certain cases and was amend ed by Article 26(3) of S.R. 2022 No. 231;see also regulation 5 of S.R. 2017 No. 79

76

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 26(4) of S.R. 2022 No. 231;see also regulation 7 of S.R. 2003 No. 195 and regulation 5 of S.R. 2017 No. 79

77

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

78

Sub-paragraphs (1) and (2) were amended by Article 9(5)(l) of S.R. 1999 No. 428 (C. 32), regulation 5(b)(i) of S.R. 2004 No. 394 and Article 26(8) of S.R. 2022 No. 231

79

Regulation 170 was am ended by Article 27 of S.R. 2022 No. 231

80

Regulation 6 was amended by regulation 31(3) of S.R. 2016 No. 236, regulation 2(2) of S.R. 2018 No. 135 and Article 29(2) of S.R. 2022 No. 231

81

Regulation 7 was amended by Article 29(3) of S.R. 2022 No. 231

82

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. Paragraph 8 was omitted by paragraph 3(c) of Schedule 5 to S.R. 2017 No. 176 but remains in effect for certain casesunder regulations19, 19A or 20 of that rule

83

Sub-paragraph (1) was amended by regulation 6(5)(b)(i) of S.R. 2004 No. 394 and Article 29(5)(a) of S.R. 2022 No. 231

84

Sub-paragraph (2) was amended by regulation 14(5)(a) of S.R. 2006 No. 359 which was superseded by Article 24(4)(b)(ii) of S.R. 2017 No. 187and Article 29(5)(b) of S.R. 2022 No. 231

85

Schedule 2A was inserted by regulation 2(3) of S.R. 2018 No. 135 and paragraph 9 was amend ed by Article 29(6) of S.R. 2022 No. 231

86

Paragraph 1(5) and (7) was amended by Article 29(8) of S.R. 2022 No. 231

87

Paragraph 4 was amended by regulation 8(b) of S.R. 2017 No. 148

88

Paragraph 12 was omitted by regulation 2(4)(c)(ii) of S.R. 2017 No. 51 with savings provisions found in Schedule 2 to those Regulations and paragraphs 12 and13 wereamended by Article 30(6) of S.R. 2022 No. 231

89

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

90

Sub-paragraph (12) was added by regulation 3(30)(c) of S.R. 2008 No. 413

91

Paragraph 19(1) and (2) was amended by Article 30(8) of S.R. 2022 No. 231

92

Regulation 62(2) 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 those Regulations apply) and was am ended by Article 31 of S.R. 2022 No. 231

93

S.R. 2010 No. 312; which modifies the Employment and Support Allowance Regulations (Northern Ireland) 2008 for the purpose of the conversion of awards of incapacity benefit, income support and severe disablement allowance to employment and support allowance under the Employment and Support Allowance Regulations (Northern Ireland) 2008

94

S.R. 2017 No. 190 (c. 11); which modifies the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 so that they refer to a modified form of the Employment and Support Allowance Regulations (Northern Ireland) 2016 for the purpose of the conversion of awards of incapacity benefit and severe disablement allowance to employment and support allowance under the Employment and Support Allowance Regulations (Northern Ireland) 2016

95

Regulation 23 was amendedby regulations 2(1) and 3(1) of S.R. 2021 No. 302 and Article 32(1) of S.R. 2022 No. 231

96

Paragraph 13(1) was amended by Article 3 2(3) of S.R. 2022 No. 231

97

Part 4 of Schedule 5 was amended byparagraph5(f)(v) and 5(f)(vi)of Schedule 5 toS.R. 2017 No. 176 ( but remains in effect for certain cases under regulation 18 of those Regulations) and Article 32(4) of S.R. 2022 No. 231

99

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))

100

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.))

101

Paragraph 4 was amended by Article 2(2)(a)(vi) of S.R. 2002 No. 321

102

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

103

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

104

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

105

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

106

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 (N.I.) ); see section 14 of that Act in relation to certain cases

107

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)

108

Sub-paragraphs (1) and (2) were substituted by regulation 2 of S.R. 1990 No. 213 and amended by paragraph 2 of Schedule 2 to S.R. 1996 No. 199 and regulation 2(7)(a) of S.R. 2007 No. 154

109

Sub-paragraph (3) was substituted by paragraph 3 of Schedule 2 to S.R. 1996 No. 199 and amended by regulation 2(9) of S.R. 2010 No. 69

110

Sub-paragraphs (2), (2A) and (3) were substituted by regulation 24(5)(g) of S.R. 2003 No. 191 and amended by Schedule 3 to S.R. 2022 No. 231

111

Sub-paragraph (4) was amended by regulation 2(7)(h) of S.R. 2007 No. 154

112

Sub-paragraph (5) was amended by regulation 30(e ) of S.R. 1988 No. 146 and paragraph 1 of the Schedule toS.R. 2002 No. 323

113

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

114

Sub-paragraph (7) was added by regulation 6(e) of S.R. 1990 No. 346

115

Sub-paragraph (8) was added by regulation 2(c)(iii) of S.R. 2000 No. 367; 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

116

Sub-paragraphs (1) to (3) were substituted by regulation 3(17)(a) of S.R. 2008 No. 378

117

Sub-paragraph (6) was amended by regulation 34(10)(b) of S.R. 2016 No. 236

118

Sub-paragraph (9) was amended by regulation 4(7)(b) of S.R. 2011 No. 136

119

The Table in paragraph 1 was amended by regulation 7(7) of S.R. 2017 No. 242 and by Schedule 6 to S.R. 202 2 No. 231

120

Sub-paragraph (1) was amended by regulation 35(7)(b) of S.R. 2016 No. 236

121

Paragraph 1 was amended by regulation 16 of S.R. 1996 No. 356, paragraph 53(2) of Schedule 2 to S.R. 2000 No. 350, paragraph 23(11)(a) of Schedule 3 to S.R. 2005 No. 536, regulation 3(8)(a) of S.R. 2007 No. 154, regulation 4(13)(a) and (b) of S.R. 2008 No. 112, regulation 19(24)(a) to (d) of S.R. 2008 No. 286 and regulation 3 of S.R. 2009 No. 261

122

Sub-paragraph (2) was amended by regulation 5(5)(e) of S.R. 2010 No. 103

123

Sub-paragraph (5) was amended by regulation 3(8)(g) of S.R. 2007 No. 154

124

Sub-paragraph (6) was amended by paragraph 1 of the Schedule to S.R. 2002 No. 323

125

Sub-paragraph (7) was amended by paragraph 20(d) of Schedule 2 to S.R. 2003 No.195;see also regulation 5 S.R. 2017 No. 79

126

Sub-paragraph (9) was added by regulation 4(c)(iii) of S.R. 2000 No. 367

127

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

128

Paragraph 1 was amended by regulation 3(29) of S.R. 2008 No. 413, regulation 8(15) of S.R. 2009 No. 338 and regulation 5(5)(a) of S.R. 2011 No. 368

129

Paragraph 11(1) was amended by regulation 2(4)(b) of S.R. 2017 No.51 and Schedule 12 of S.R. 2022 No. 231

130

For transitional and savings provisions applicable to paragraph 11(1)seeSchedule 2 to S.R. 2017 No. 51

131

Amendments made by S.R. 2017 No. 146, S.R. 202 1 No. 67 and S.R. 2022 No. 231

132

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

133

Amendments made by Article 10(5)(b)(ii) of the Welfare Reform and Work (Northern Ireland) Order 2016

134

Amendments made by regulation 2(6)(b) of S.R. 2017 No. 146 but the wording remains in effect for certain cases under Schedule 2 to those Regulations

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