The Guardian’s Allowance Up-rating Regulations 2004

• Citation: S.I. 2004/960
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2004 and shall come into force on 12th April 2004.

(2) In these Regulations—

“the Great Britain Up-rating Order ” means the Child Benefit and Guardian’s Allowance Up-rating Order 2004 ;

“the Northern Ireland Up-rating Order ” means the Child Benefit and Guardian’s Allowance Up-rating (Northern Ireland) Order 2004 ; and

“the Up-rating Orders ” means the Great Britain Up-rating Order and the Northern Ireland Order.

Section 2 Exceptions relating to payment of allowance by virtue of the Up-rating Orders

Neither section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits 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 either of the Up-rating Orders, or

(b) whether the conditions for receipt of that 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 1998 or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be).

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

Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.