The Social Security (Canada) Order (Northern Ireland) 1995

PART I GENERAL PROVISIONS

Definitions

(1) For the purposes of these arrangements, except where the context otherwise requires:

“available for work” means seeking employment as an employed earner;

“employed person” means a person who, in the applicable legislation, comes within the definition of an employed earner or of an employed person or is treated as such;

“former exchanges of letters” means the letters which were exchanged between the Governments of the United Kingdom and Canada on 8 and 10 December 1959, as amended by the letters of 7 and 30 November 1961, 9 March 1973 and 10 November 1977;

“gainfully occupied in employment” means employed as an employed earner or treated as such, in the applicable legislation;

“incapable of work” means incapable of work as an employed earner due to illness;

“legislation” means the legislation specified in paragraph (3);

“Party” means the United Kingdom or Canada;

“pension age” means, in relation to any person, the age at which that person is treated as reaching pensionable age under the legislation of the United Kingdom;

“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland, and also the Isle of Man.

(2) Other words and expressions which are used in these arrangements have the meanings respectively assigned to them in the applicable legislation.

Scope of Legislation

(3) The provisions of these arrangements shall apply, in relation to the United Kingdom, to:

(a) the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Social Security (Consequential Provisions) Act 1992;

(b) the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security (Consequential Provisions) (Northern Ireland) Act 1992;

(c) the Social Security Acts 1975 to 1991 (Acts of Parliament) as those Acts apply to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 1982 (an Act of Tynwald);

(d) the Child Benefit Act 1975 (an Act of Parliament) as that Act applies to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 1982 (an Act of Tynwald);

and the legislation which was repealed or consolidated by those Acts or Orders, or repealed by legislation consolidated by them.

(4) Subject to the provisions of paragraphs (5) and (6), these arrangements shall apply also to any legislation which supersedes, replaces, amends, supplements or consolidates the legislation specified in paragraph (3).

(5) These arrangements shall apply, unless the Parties agree otherwise, only to benefits under the legislation specified in paragraph (3) at the date of coming into force of these arrangements and for which specific provision is made in these arrangements.

(6) These arrangements shall not apply to legislation on social security of the Institutions of the European Community or to any convention on social security which either Party has concluded with a third party or to any laws or regulations which amend the legislation specified in paragraph (3) for the purpose of giving effect to such a convention, but shall not prevent either Party taking into account under its legislation the provisions of any other convention which that Party has concluded with a third party.