The Social Security (Ireland) Order (Northern Ireland) 2019

Statutory Rules of Northern Ireland

2019 No. 77

Social Security

The Social Security (Ireland) Order (Northern Ireland) 2019

Made

29th March 2019

Coming into operation in accordance with article 1

The Secretary of State and the Commissioners for Her Majesty’s Revenue and Customs make the following Order in exercise of the powers conferred by section 155(1) and (2) of the Social Security Administration (Northern Ireland) Act 1992(1).

Citation and commencement

1.  This Order may be cited as the Social Security (Ireland) Order (Northern Ireland) 2019 and shall come into operation on the later of the following—

(a) immediately after the coming into force of the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019(2);

(b) the date of the later of the notifications referred to in Article 65 of the Convention set out in the Schedule to this Order(3).

Modification of legislation

2.—(1) The legislation to which this paragraph applies is modified to the extent required to give effect to the provisions contained in the Convention set out in the Schedule to this Order.

(2) Paragraph (1) applies to—

(a) the Social Security Administration (Northern Ireland) Act 1992;

(b) the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4);

(c) the Jobseekers (Northern Ireland) Order 1995(5);

(d) Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998(6);

(e) the State Pension Credit Act (Northern Ireland) 2002(7);

(f) Part 1 of the Welfare Reform Act (Northern Ireland) 2007(8);

(g) Parts 2 and 5 of the Welfare Reform (Northern Ireland) Order 2015(9);

(h) Parts 1 and 5 of the Pensions Act (Northern Ireland) 2015(10);

(i) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018(11);

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

(k) regulations within the scope of section 155(5) of the Social Security Administration (Northern Ireland) Act 1992,

so far as those provisions relate to Northern Ireland.

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

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

29th March 2019

Signed by the authority of two of the Commissioners for Her Majesty’s Revenue and Customs

Ruth Stanier

Jim Harra

Two of the Commissioners for Her Majesty’s Revenue and Customs

28th March 2019

Articles 1 and 2

SCHEDULE

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 Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland in Dublin signed on 1st February 2019 (“the Convention”).

The Convention set out in the Schedule provides for existing reciprocal rights in the field of social security, provided under the Common Travel Area arrangements and the law of the European Union, to be protected in respect of British and Irish citizens (and certain family members and survivors) moving between the United Kingdom and the Republic of Ireland, following the withdrawal of the United Kingdom from the European Union.

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. 8; section 155 is to be amended by S.I. 2019/129 with effect from exit day and there are other amendments that are not relevant to this Order. In relation to Child Benefit and Guardian’s Allowance in Northern Ireland, the power under section 155 was transferred to the Board by section 50(1)(d) of the Tax Credits Act 2002 (c. 21). The Board is defined in section 67 of that Act as the Commissioners of Inland Revenue however expressed. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Commissioners for Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50(1) of that Act provides that, insofar as is appropriate, in consequence of section 5, a reference to the Commissioners of Inland Revenue shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs

(2)

S.I. 2019/129

(3)

The date on which the Convention enters in 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

(4)

1992 c. 7

(5)

S.I. 1995/2705 (N.I. 15)

(6)

S.I. 1998/1506 (N.I. 10)

(7)

2002 c. 14 (N.I.)

(8)

2007 c. 2 (N.I.)

(9)

S.I. 2015/2006 (N.I. 1)

(10)

2015 c. 5 (N.I.)

(11)

2018 c. 16