The Social Security (Reciprocal Agreements) Order (Northern Ireland) 2017

Statutory Rules of Northern Ireland

2017 No. 73

Social Security

The Social Security (Reciprocal Agreements) Order (Northern Ireland) 2017

Made

30th March 2017

Coming into operation

6th April 2017

The Orders in Council and Orders specified in Schedule 2 to this Order modified or adapted certain enactments so as to give effect to the agreements set out in the Schedules to those Orders in Council and Orders.

Her Majesty’s Government in consequence of changes in the law of Northern Ireland has proposed to each of the Governments with whom the United Kingdom has made such an agreement, alterations to the agreement.

Section 155(1)(b), (2), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992(1) provides that for the purpose of giving effect to any such agreement as it would be if it were so altered in accordance with such proposals, the Secretary of State may by Order make provision for modifying or adapting the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2) and any regulations made under those Acts, and Part 5 of the Pensions Act (Northern Ireland) 2015(3) and any regulations made under section 29 of that Act, in their application to cases affected by the proposed alterations.

Accordingly, the Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 155(1)(b), (2) and (5) and 165(4) and (5) of the Social Security Administration (Northern Ireland) Act 1992.

Citation and commencement

1.  This Order may be cited as the Social Security (Reciprocal Agreements) Order (Northern Ireland) 2017 and shall come into operation on 6th April 2017.

Modification of legislation

2.  The Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and regulations made under those Acts, and Part 5 (bereavement support payment) of the Pensions Act (Northern Ireland) 2015 and regulations made under section 29 of that Act, shall be modified to such extent as may be required to give effect to—

(a) the alterations set out in Schedule 1 which are proposed to the agreements set out in the Schedules to the Orders in Council and Orders made by the Secretary of State specified in Schedule 2;

(b) the alterations set out in Schedule 3 which are proposed to the agreement set out in the Schedule to the Order referred to in Schedule 3.

Signed by authority of the Secretary of State for Work and Pensions

Caroline Nokes

Parliamentary Under- Secretary of State

Department for Work and Pensions

30th March 2017

Article 2(a)

SCHEDULE 1 PROPOSED ALTERATIONS TO EXISTING AGREEMENTS

1.  For the purposes of the alterations proposed in this Schedule—

(a) “bereavement benefits” means—

(i) widow’s benefit,

(ii) bereavement benefit,

(iii) survivor’s pension,

(iv) survivor’s benefit,

(v) basic survivor’s benefit,

(vi) death grant,

(vii) benefits in respect of the death of a spouse or civil partner, or

(viii) any equivalent terms;

(b) “the agreements set out in the Schedules” means the agreements set out in the Schedules to the Orders in Council and Orders specified in Schedule 2;

(c) bereavement support payment means payment under Part 5 (bereavement support payment) of the Pensions Act (Northern Ireland) 2015.

2.  Subject to paragraphs 4 to 8 of this Schedule, where in the agreements set out in the Schedules there are references to bereavement benefits, such references shall be altered to include a reference to bereavement support payment.

3.  Subject to paragraphs 4 to 8 of this Schedule, where in the agreements set out in the Schedules there are references to the legislation to which the agreements apply, such references shall be altered to include a reference to Part 5 of the Pensions Act (Northern Ireland) 2015.

4.  For the purposes of entitlement to bereavement support payment, where in the agreements set out in the Schedules there are references to a person who is entitled to receive bereavement benefits under the legislation of the United Kingdom while that person is in the territory of the other country as if that person were in the territory of the United Kingdom, such references shall be altered to include a reference to a person who is ordinarily resident in the territory of the other country when their spouse or civil partner dies as if they were ordinarily resident in Northern Ireland at that time.

5.  Where in the agreements set out in the Schedules there are references to an increase in the rate of bereavement benefits under the legislation of the United Kingdom such references shall be altered to include a reference to an increase in the rate of bereavement support payment in the case of a person who is ordinarily resident in the territory of the other country when their spouse or civil partner dies as if they were ordinarily resident in Northern Ireland at that time.

6.  For the purposes of entitlement to the higher rate of bereavement support payment by virtue of regulations under section 29(4) (bereavement support payment) of the Pensions Act (Northern Ireland) 2015, where in the agreements set out in the Schedules there are references to a person who is entitled to bereavement benefits or an increase in bereavement benefits under the legislation of the United Kingdom in respect of a child who is in the territory of the other country as if that child were in the territory of the United Kingdom, such references shall be altered to include a reference to a person who is treated as entitled to child benefit in respect of a child when—

(a) the child is ordinarily resident in the territory of the other country, and

(b) that person would be entitled to child benefit in respect of that child if the child were in the territory of the United Kingdom.

7.  Where in the agreements set out in the Schedules there are—

(a) references to the calculation of pro-rata bereavement benefits, or

(b) provisions relating to the calculation of pro-rata bereavement benefits,

such references or provisions shall not be altered to include a reference to bereavement support payment.

8.  Where in the agreements set out in the Schedules there are references to a person being treated as having—

(a) paid contributions,

(b) been credited with contributions,

(c) been credited with earnings, or

(d) completed an insurance period, a contribution period or an equivalent period,

under the legislation of the United Kingdom, for the purpose of calculating entitlement to bereavement support payment such references shall not be altered to apply to bereavement support payment.

Article 2(a)

SCHEDULE 2 SPECIFIED ORDERS IN COUNCIL AND ORDERS OF THE SECRETARY OF STATE

Title of Order or Order in Council	Reference
The National Insurance and Industrial Injuries (Reciprocal Agreement with Luxembourg) Order (Northern Ireland) 1955	S.R. & O. (N.I.) 1955 No. 77
The National Insurance and Industrial Injuries (Reciprocal Agreement with Israel) Order (Northern Ireland) 1958	S.R. & O. (N.I.) 1958 No. 32
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Belgium) Order (Northern Ireland) 1958	S.R. & O. (N.I.) 1958 No. 93
The National Insurance and Industrial Injuries (Reciprocal Agreement with France) Order (Northern Ireland) 1958	S.R. & O. (N.I.) 1958 No. 101
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order (Northern Ireland) 1958	S.R. & O. (N.I.) 1958 No. 130
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Yugoslavia) Order (Northern Ireland) 1958	S.R. & O. (N.I.) 1958 No. 151
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Denmark) Order (Northern Ireland) 1960	S.R. & O. (N.I.) 1960 No. 16
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Germany) Order (Northern Ireland) 1961	S.R. & O. (N.I.) 1961 No. 148
The National Insurance and Industrial Injuries (Reciprocal Agreement with Turkey) Order (Northern Ireland) 1961	S.R. & O. (N.I.) 1961 No. 149
The Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order (Northern Ireland) 1974	S.R. 1974 No. 153
The Family Allowances, National Insurance and Industrial Injuries (Spain) Order (Northern Ireland) 1975	S.R. 1975 No. 77
The Social Security (Portugal) Order (Northern Ireland) 1979	S.R. 1979 No. 303
The Social Security (Austria) Order (Northern Ireland) 1981	S.R. 1981 No. 144
The Social Security (Cyprus) Order (Northern Ireland) 1983	S.R. 1983 No. 387
The Social Security (Finland) Order (Northern Ireland) 1984	S.R. 1984 No. 68
The Social Security (United States of America) Order (Northern Ireland) 1984	S.R. 1984 No. 449
The Social Security (Philippines) Order (Northern Ireland) 1989	S.R. 1989 No. 428
The Social Security (Norway) Order (Northern Ireland) 1991	S.R. 1991 No. 139
The Social Security (Barbados) Order (Northern Ireland) 1992	S.R. 1992 No. 151
The Social Security (Jersey and Guernsey) Order (Northern Ireland) 1994	S.R. 1994 No. 427
The Social Security (Jamaica) Order (Northern Ireland) 1997	S.R. 1997 No. 183
The Social Security (Netherlands) Order (Northern Ireland) 2007	S.R. 2007 No. 295
The Social Security (Ireland) Order (Northern Ireland) 2007	S.R. 2007 No. 438

Article 2(b)

SCHEDULE 3 PROPOSED ALTERATIONS TO EXISTING AGREEMENT WITH NEW ZEALAND

New Zealand

1.  In the agreement set out in the Schedule to the Social Security (New Zealand) Order (Northern Ireland) 1983(4)—

(a) where there are references to the legislation to which the agreement applies, such references shall be altered to include a reference to Part 5 of the Pensions Act (Northern Ireland) 2015;

(b) Article 11 (United Kingdom widow’s benefit by virtue of residence in New Zealand) shall be altered so that it applies for the purpose of entitlement to bereavement support payment under Part 5 of the Pensions Act (Northern Ireland) 2015 in the following way—

(i) a person who is ordinarily resident in New Zealand when their spouse or civil partner dies is to be treated as ordinarily resident in Northern Ireland at that time; and

(ii) paragraph (4) is to be disregarded.

EXPLANATORY NOTE

(This note is not part of the Order)

Part 5 of the Pensions Act (Northern Ireland) 2015 creates a new benefit called bereavement support payment to which the spouse or civil partner of a person who dies on or after 6th April 2017 may be entitled.

This Order provides that the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and regulations made under those Acts, and Part 5 of the Pensions Act (Northern Ireland) 2015 and regulations made under section 29 of that Act are to be modified to give effect to—

• the alterations set out in Schedule 1 which are proposed to the agreements in the Schedules to the Orders in Council and Orders specified in Schedule 2, and

• the alterations set out in Schedule 3 which are proposed to the agreement in the Schedule to the Order referred to in Schedule 3.

These Orders in Council and Orders give effect to agreements made between the Government of the United Kingdom and the governments of other countries providing for reciprocity in certain social security matters. These agreements are now altered because of a change in the law of Northern Ireland to include bereavement support payment under Part 5 of the Pensions Act (Northern Ireland) 2015. One effect of the alterations is to provide for entitlement to bereavement support payment for a surviving spouse or civil partner who is ordinarily resident in the territory of the other country when their spouse or civil partner dies.

An impact assessment has not been produced for this Order as it has no impact on business or civil society organisations. A regulatory impact assessment for the changes made by the Pensions Act (Northern Ireland) 2015 is available from the Communications and Engagement Unit, Department for Communities, 4th Floor, Causeway Exchange, 1-7 Bedford Street, Belfast BT2 7EG or

https://www.dsdni.gov.uk/publications/pensions-bill-draft-regulatory-impact-assessment-june-2015

(1)

1992 c.8. Section 155 was amended by paragraph 31 of Schedule 16 to the Pensions Act (Northern Ireland) 2015 (c.5). Other amendments to section 155 are not relevant to this Order.

(2)

1992 c.7.

(3)

2015 c.5 (N.I.).

(4)

S.R. 1983 No. 432. These Statutory Rules were modified by S.R. 2015/207.