The Social Security Benefits Up-rating Regulations 2020
| Year | 2020 |
2020 No. 266
Social Security
The Social Security Benefits Up-rating Regulations 2020
Made 11th March 2020
Laid before Parliament 12th March 2020
Coming into force 6th April 2020
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 70(8), 90, 113(1), 122(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 5(1)(p), 155(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922and sections 53 and 54(5) of the Pensions Act 20143.
These Regulations contain provisions in consequence of an order under sections 150 and 150A4of the Social Security Administration Act 1992.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it5.
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2020 and come into force on 6th April 2020.
(2) These Regulations extend to England and Wales and Scotland save for regulations 4 and 5 which extend to England and Wales only.
(3) In these Regulations, “the Up-rating Order” means the Social Security Benefits Up-rating Order 20206.
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 2 to 5 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 19987.
Persons not ordinarily resident in Great Britain
3. Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 19758(application of disqualification in respect of up-rating of benefit) and regulation 21 of the State Pension Regulations 20159(entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the Up-rating Order and to any up-rating increase as defined in section 22(1) of the Pensions Act 201410respectively.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
4. In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 197611(circumstances in which a person is or is not to be treated as gainfully employed) for “£123”, in both places where it occurs, substitute “£128”.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
5. In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 197712(increase of carer’s allowance for child dependants)—
(a) for “£240”, in both places where it occurs, substitute “£245”; and
(b) for “£32” substitute “£33”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
6. In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 198713(deductions from benefit and direct payment to third parties) for “£25.60”, in each place where it occurs, substitute “£26.05”.
Revocation
7. The Social Security Benefits Up-rating Regulations 201914are revoked.
Will Quince
Parliamentary Under Secretary of State
Department for Work and Pensions
11th March 2020
EXPLANATORY NOTE
(This note is not part of the Regulations)
This instrument contains provisions necessary to give full effect to the 2020 benefits and pensions up-rating exercise.
Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order 2020 ( S.I. 2020/234) on a benefit already in payment, the altered rates will...
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