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Social Security Act 1975

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Social security systems outside Great Britain

142Co-ordination with Northern Ireland

(1)The Secretary of State may with the consent of the Treasury make arrangements with the Northern Ireland Department (" the joint arrangements ") for co-ordinating the operation of this Act and the [1975 c. 15.] Social Security (Northern Ireland) Act 1975 with a view to securing that, to the extent allowed for in the arrangements, those Acts provide a single system of social security for the United Kingdom.

(2)The Joint Authority constituted under the former principal Act, and consisting of the Secretary of State and the Head of the Northern Ireland Department, shall continue in being by that name for the purposes of this Act and the Social Security (Northern Ireland) Act 1975; and Schedule 17 to this Act has effect with respect to the Joint Authority.

(3)The responsibility of the Joint Authority shall include that of giving effect to the joint arrangements, with power—

(a)to make any necessary financial adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund; and

(b)to discharge such other functions as may be provided under the joint arrangements.

(4)The Secretary of State may make regulations for giving effect to the joint arrangements; and any such regulations may for the purposes of the arrangements provide—

(a)for adapting legislation (including subordinate legislation) for the time being in force in Great Britain so as to secure its reciprocal operation with Northern Ireland;

(b)without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Great Britain have a corresponding effect in relation to Northern Ireland.

(5)The following provisions of this Act, namely—

  • section 139 (consultation with National Insurance Advisory Committee); and

  • section 167 (Parliamentary control of statutory instruments),

as they apply to regulations made by the Secretary of State under section 128(2) or (3), apply also to regulations made by him under section 123(2) or (3) of the [1975 c. 15.] Social Security (Northern Ireland) Act 1975 (H.M. forces).

(6)Subsections (2) and (5) of this section, and Schedule 17 to this Act, extend to Northern Ireland.

143Reciprocity with other countries

(1)For the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to—

(a)payments in respect of interruption of employment by unemployment, sickness or otherwise ;

(b)payments in respect of the need of handicapped persons for attendance, the confinement of women, widowhood, orphanhood, retirement, old age, or death ; or

(c)the payment of compensation or benefit to employed persons in respect of industrial or similar injuries,

Her Majesty may by Order in Council make provision for modifying or adapting this Act in its application to cases affected by the agreement.

(2)The modifications of this Act which may be made by virtue of subsection (1) above include provision—

(a)for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act (but not so as to confer a right to double benefit);

(b)for determining, in cases where rights accrue both under this Act and under the law of that country, which of those rights is to be available to the person concerned ;

(c)for making any necessary financial adjustments.

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