The Guardian's Allowance Up-rating Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/302 |
| Year | 2020 |
2020 No. 302
Social Security
The Guardian’s Allowance Up-rating Regulations 2020
Made 16th March 2020
Laid before Parliament 16th March 2020
Coming into force 6th April 2020
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) and 189(1), (4) and (5) of the Social Security Administration Act 19922, sections 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) 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.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2020 and come into force on 6th April 2020.
(2) In these Regulations “the Up-rating Regulations” means the Tax Credits, Child Benefit, and Guardian’s Allowance Up-rating Regulations 20208.
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.
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.
Angela MacDonald
Justin Holliday
Two of the Commissioners for Her Majesty’s Revenue and Customs
At 11.20 a.m. on 16th March 2020
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 (c. 5), and section 132(1) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8).
Regulation 2 provides that where a question has arisen about the effects of the Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2020 ( S.I. 2020/298) on a guardian’s allowance already in payment...
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