The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order 2019

Statutory Instruments

2019 No. 1302

Social Security

The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order 2019

Made

8th October 2019

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 8th day of October 2019

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made under the powers in section 179(1) and (2) of the Social Security Administration Act 1992(1), which provide that, for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in specified matters, Her Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by such agreement.

Following the withdrawal of the United Kingdom from the European Union, the Agreement on the European Economic Area of 2nd May 1992, as amended and with its Protocols and Annexes (“the EEA Agreement”), will no longer apply as between the United Kingdom and Iceland, the Principality of Liechtenstein (“Liechtenstein”) and the Kingdom of Norway (“Norway”).

At London on 2nd April 2019 an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Governments of Iceland, Liechtenstein and Norway regarding arrangements for citizens’ rights following the withdrawal of the United Kingdom from the European Union and the EEA Agreement (“the EEA Citizens’ Rights Agreement”) was signed on behalf of those Governments. Part 2 of the EEA Citizens’ Rights Agreement makes provision in relation to social security.

The EEA Citizens’ Rights Agreement will enter into force on the later of either exit day, or the date on which both the United Kingdom of Great Britain and Northern Ireland(2) and at least one other party have deposited their instruments of ratification, acceptance or approval with the Depositary. Article 43(5) of the EEA Citizens’ Rights Agreement allows for provisional application, from either the later of exit day or the date on which both the United Kingdom of Great Britain and Northern Ireland and at least one other party have deposited their notifications.

In order to give effect to the EEA Citizens’ Rights Agreement, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1) and (2) of the Social Security Administration Act 1992 and of all the powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1.—(1) This Order may be cited as the Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order 2019 and comes into force on the occurrence of the later of the events in paragraph (2).

(2) The events are—

(a) immediately after the Social Security (Amendment) (EU Exit) Regulations 2019(3) having come into force; and

(b) the earlier of the following—

(i) the requirements of Article 43(3) of the EEA Citizens’ Rights Agreement set out in the Schedule to this Order(4) having been met; and

(ii) the requirements of Article 43(5) of the EEA Citizens’ Rights Agreement set out in the Schedule to this Order having been met.

Modification of legislation

2.—(1) The legislation to which this paragraph applies is modified or adapted to the extent required to give effect to the provisions contained in the EEA Citizens’ Rights Agreement set out in the Schedule to this Order.

(2) Subject to paragraph (3), paragraph (1) applies to—

(a) the Social Security Administration Act 1992;

(b) the Social Security Contributions and Benefits Act 1992(5);

(c) the Jobseekers Act 1995(6);

(d) Chapter 2 of Part 1 of the Social Security Act 1998(7);

(e) Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999(8);

(f) the State Pension Credit Act 2002(9);

(g) Part 1 of the Welfare Reform Act 2007(10);

(h) Parts 1 and 4 of the Welfare Reform Act 2012(11);

(i) Parts 1 and 5 of the Pensions Act 2014(12);

(j) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems(13), as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018(14);

(k) Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16th September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004(15), as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018; and

(l) regulations within the scope of section 179(5) of the Social Security Administration Act 1992;

so far as such provisions relate to England, Wales and Scotland.

(3) Paragraph (1) does not modify any legislation so far as it would be within the legislative competence of the Scottish Parliament to make such modification, unless regulation 3 of the Scotland Act 2016 (Transitional) Regulations 2017(16) applies to functions conferred on a Minister of the Crown in respect of that devolved competence.

(4) Paragraph (1) also applies to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999(17) so far as such provision relates to Northern Ireland.

Ceri King

Deputy Clerk of the Privy Council

Articles 1 and 2

SCHEDULE Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Governments of Iceland, Liechtenstein and Norway regarding arrangements for citizens’ rights following the withdrawal of the United Kingdom from the European Union and the EEA Agreement

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the modification of certain social security legislation, so as to give effect to the Agreement between the United Kingdom of Great Britain and Northern Ireland and Iceland, the Principality of Liechtenstein (“Liechtenstein”) and the Kingdom of Norway (“Norway”) signed at London on 2nd April 2019 (“the EEA Citizens’ Rights Agreement”).

This agreement makes provision for citizens’ rights following the withdrawal of the United Kingdom from the European Union when the Agreement on the European Economic Area of 2nd May 1992 as amended as well as its Protocols and Annexes (“the EEA Agreement”) ceases to apply. Title III of Part Two of the EEA Citizens’ Rights Agreement makes provision in relation to social security coordination.

The rules of the European Union relating to social security coordination apply between the United Kingdom and Iceland, Liechtenstein and Norway by virtue of the EEA Agreement. When the United Kingdom leaves the European Union, the EEA Agreement will also cease to apply.

The relevant European Union regulations are Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16th September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (“the EU social security coordination regulations”). The EU social security coordination regulations form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day.

Article 43(3) of the EEA Citizens’ Rights Agreement provides that it enters into force, in relation to those parties who have deposited their instruments of approval, from the later of exit day or the date on which the United Kingdom and at least one of the other three signatory states have deposited their instruments of approval with the depositary of this agreement. Article 43(5) allows any party to agree to provisional application of the EEA Citizens’ Rights Agreement in similar circumstances to the conditions set out in Article 43(3).

The Order does not impose any costs on business, charities or the voluntary sector. A Tax Information and Impact Note has not been prepared for this instrument as it gives effect to previously announced policy.

(1)

1992 c. 5. Section 179 has been relevantly amended by paragraph 2(2) of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 S.I. 1999/671. It is also to be amended by S.I. 2019/128 with effect from exit day (as defined in section 20(1) of the European Union (Withdrawal) Act 2018 (c. 16)) and there are other amendments that are not relevant to this Order.

(2)

A copy of this agreement can be found at https://www.gov.uk/government/publications/eea-efta-no-deal-citizens-rights-agreement-and-explainer.

(3)

S.I. 2019/128.

(4)

The date on which the EEA Citizens’ Rights Agreement enters into force for the United Kingdom will be published on the relevant page on UK Treaties Online which can be found at this link: https://www.gov.uk/uk-treaties.

(5)

1992 c. 4.

(6)

1995 c. 18.

(7)

1998 c. 14.

(8)

1999 c. 2.

(9)

2002 c. 16.

(10)

2007 c. 5.

(11)

2012 c. 5.

(12)

2014 c. 19.

(13)

Relevant amendments to the retained EU direct legislation were made by S.I. 2019/722, which comes into force on exit day.

(14)

2018 c. 16.

(15)

Relevant amendments to the retained EU direct legislation were made by S.I. 2019/723, which comes into force on exit day.

(16)

S.I. 2017/444.

(17)

S.I. 1999/671.