The Guardian's Allowance Up-rating Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/412

2017 No. 412

Social Security

The Guardian’s Allowance Up-rating Regulations 2017

Made 15th March 2017

Laid before Parliament 16th March 2017

Coming into force 10th April 2017

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 113(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 155(3), 189(1), (4) and (5) and 191 of the Social Security Administration Act 19922, section 113(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19923, and sections 135(3), 165(1), (4) and (5), and 167(1) of the Social Security Administration (Northern Ireland) Act 19924and now vested in them5.

These Regulations contain only provisions in consequence of an instrument made under section 150 of the Social Security Administration Act 19926and section 132(1) of the Social Security Administration (Northern Ireland) Act 19927.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2017 and come into force on 10th April 2017.

(2) In these Regulations “the Up-rating Regulations” means the Tax Credits and Guardian’s Allowance Up-rating etc Regulations 20178.

S-2 Exceptions relating to payments of additional guardian’s allowance by virtue of the Up-rating Regulations

Exceptions relating to payments of additional guardian’s allowance by virtue of the Up-rating Regulations

2. Neither section 155(3) of the Social Security Administration Act 1992 nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either—

(a) the weekly rate at which guardian’s allowance is payable by virtue of the Up-rating Regulations, or

(b) whether the conditions for receipt of guardian’s allowance at the altered rate are satisfied,

until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 19989or article 9 of the Social Security (Northern Ireland) Order 199810.

S-3 Persons not ordinarily resident in either Great Britain or Northern Ireland

Persons not ordinarily resident in either Great Britain or Northern Ireland

3. Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 197511and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 197812(application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Regulations.

Jim Harra

Edward Troup

Two of the Commissioners for Her Majesty’s Revenue and Customs

At 1.30 p.m. on 15th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument contains only provisions made in consequence of an instrument made under section 150 of the Social Security Administration Act 1992, and section 132(1) of the Social Security Administration (Northern Ireland) Act 1992.

Regulation 2 provides that where a question has arisen about the effect of the Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2017 on a guardian’s allowance already in payment, the altered rates will not apply until that question is determined by Her Majesty’s Revenue and Customs, an appeal tribunal or a Commissioner.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 ( S.I. 1975/563) and regulation 5 of the Social Security Benefit (Persons Abroad)...

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