The Social Security Benefits Up-rating Regulations 2016

Made: 25th February 2016

Laid before Parliament: 1st March 2016

Coming into force: 11th April 2016

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Citation, commencement and interpretation

1

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Exceptions relating to payment of additional benefit by virtue of the Up-rating Order

2

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Persons not ordinarily resident in Great Britain

3

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Revocation

4

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Signed

Signed by authority of the Secretary of State for Work and Pensions.

Altmann — Minister of State, — Department for Work and Pensions — 2016-02-25

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

This instrument contains only provisions made in consequence of an order under section 150A of the Social Security Administration Act 1992 (c.5).

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order 2016 (S.I. 2016/230) 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) so as to restrict the application of the increases specified in the Social Security Benefits Up-rating Order 2016 in cases where the beneficiary is not ordinarily resident in Great Britain.

Regulation 4 revokes regulations 2 and 3 of the Social Security Benefits Up-rating Regulations 2015 (S.I. 2015/496).

An impact assessment has not been published for this instrument as it has no impact on business and civil society organisations.

Footnotes

[^f00001]: 1992 c.4. 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”).

[^f00002]: 1992 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 Tax Credits Act 2002 (c.21). 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).

[^f00003]: Section 150A was inserted by section 5(1) of the Pensions Act 2007 (c.22).

[^f00004]: By virtue of section 172(1) and (3) of, and paragraph 3 of Schedule 7 to, the Social Security Administration Act 1992, there is no requirement to consult the Social Security Advisory Committee in respect of these Regulations.

[^f00005]: S.I. 2016/230.

[^f00006]: 1998 c.14.

[^f00007]: S.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 and 2010/788.

[^f00008]: S.I. 2015/496.

Editorial notes

[^key-3ad88c8e3b27e48895d263603250d411]: Order revoked (10.4.2017) by The Social Security Benefits Up-rating Regulations 2017 (S.I. 2017/349), reg. 5(b)