The Child Benefit (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999

Regulation 2(1)

SCHEDULE No. 1

The Secretary of State for Social Security, with the consent of the Treasury, to the Department of Health and Social Services for Northern Ireland

22nd July 1999

Sir

I refer to the Memorandum of Reciprocal Arrangements relating to schemes of child benefit made between the Secretary of State for Social Services, with the consent of the Treasury, of the one part and the Department of Health and Social Services for Northern Ireland, with the consent of the Department of Finance for Northern Ireland, of the other part, which came into operation on 7th February 1977 (which in this letter is referred to as “the Memorandum").

The Secretary of State for Social Security, with the consent of the Treasury, proposes the following amendments to the Memorandum:

1.  In Article 1(1), for the definition of “legislation" there shall be substituted the following definition–

““legislation" means–

(a) in relation to Great Britain, the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and Chapter II of Part I of the Social Security Act 1998, insofar as their provisions relate to the scheme of child benefit contained in Part IX of the Social Security Contributions and Benefits Act 1992, and

(b) in relation to Northern Ireland, the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Chapter II of Part II of the Social Security (Northern Ireland) Order 1998, insofar as their provisions relate to the scheme of child benefit contained in Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992,

in each case as amended, modified, adapted, extended, supplemented, replaced or consolidated by any subsequent enactment or by any instrument other than one made for the purpose only of giving effect to the provisions of any agreement applying to one of the two territories with the government of any country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of those schemes of child benefit;”.

2.  In Article 1(1), in the definition of “the Residence and Persons Abroad Regulations"–

(a) for the words “regulations made under the Act" there shall be substituted the words “ Great Britain ”, and

(b) for the words “regulations made under the Order" there shall be substituted the words “ Northern Ireland ”.

3.  In Article 1(1), for the definition of “determining authority" there shall be substituted the following definition–

““determining authority" means, in relation to Great Britain, the Secretary of State, an appeal tribunal, a Commissioner, an adjudication officer or a social security appeal tribunal, as the case may require, and in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland, an appeal tribunal, a Commissioner, an adjudication officer or a social security appeal tribunal, as the case may require;”.

4.  In Article 1(1), the definition of “schemes" shall be omitted.

5.  In Article 1(2), for the words “Act or the Order" there shall be substituted the word “ legislation ”.

6.  In Article 2, for the words “schemes of child benefit established by the Act or by the Order" there shall be substituted the word “ legislation ”.

7.  In Article 3, for the words “or review" there shall be substituted the words “ , revision of or supersession ”.

8.  In Article 5(a), for the words “both the Act and the Order" there shall be substituted the words “ the legislation of both Great Britain and Northern Ireland ”.

9.  In Article 5(b), for the words “Act or the Order" there shall be substituted the words “ legislation of either Great Britain or Northern Ireland ”.

I suggest that if these proposals are acceptable to you this letter and your reply shall constitute arrangements between us that shall enter into force on 1st September 1999.

Alistair Darling

Secretary of State for Social Security.

22nd July 1999

We consent.

Clive J C Betts

Jane Kennedy

Two of the Lords Commissioners of Her Majesty’s Treasury.

27th July 1999