Social Security Administration Act 1992

ReciprocityU.K.

F1178Reciprocal arrangements with Northern Ireland - income-related benefits and child benefitU.K.

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Textual Amendments

179Reciprocal agreements with countries outside the United KingdomU.K.

(1)For the purpose of giving effect—

(a)to any agreement with the government of a country outside the United Kingdom [F2or an international organisation] providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or

(b)to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Great Britain, the government of the United Kingdom has made to the other government [F3or international organisation] in question,

Her Majesty may by Order in Council make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.

(2)An Order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.

(3)The modifications which may be made by virtue of subsection (1) above include provisions—

(a)for securing that acts, omissions and events having any effect for the purposes of the [F4law in force in the country] in respect of which the agreement is made [F5or has effect] have a corresponding effect for the purposes of this Act [F6, the Jobseekers Act 1995] [F7, Chapter II of Part I of the Social Security Act 1998] [F8, Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999] [F9, Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999] [F10, the State Pension Credit Act 2002] [F11, Part 1 of the Welfare Reform Act 2007] [F12, Part 1 of the Welfare Reform Act 2012] [F13, Part 4 of that Act] [F14, Part 1 of the Pensions Act 2014] [F15, Part 5 of that Act] and the Contributions and Benefits Act (but not so as to confer a right to double benefit);

(b)for determining, in cases where rights accrue both under such legislation and under the [F16law in force in that country], which of those rights is to be available to the person concerned;

(c)for making any necessary financial adjustments.

(4)This section applies—

(a)to the Contributions and Benefits Act;

[F17(aa)to the Jobseekers Act 1995;] and

[F18(ab)to Chapter II of Part I of the Social Security Act 1998;]

[F19(ac)to Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999; and]

[F20(ad) to Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999; and]

[F21(ae)to the State Pension Credit Act 2002; [F22and

(af)to Part 1 of the Welfare Reform Act 2007;]

[F23(ag)to Part 1 of the Welfare Reform Act 2012; and]

[F24(ah)to Part 4 of that Act;] and]

[F25(ai)to Part 1 of the Pensions Act 2014;]

[F26(aj)to Part 5 of the Pensions Act 2014;]

[F27(ak)to 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;

(al)to 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;

(am)to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(an)to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(ao)to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.]

(b)to this Act, except in relation to the following benefits—

(i)community charge benefits;

(ii)payments out of the social fund;

(iii)Christmas bonus;

(iv)statutory sick pay; and

(v)statutory maternity pay.

(5)The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act[F28, this Act or Part 1 of the Welfare Reform Act 2007] [F29or Part 1 of the Pensions Act 2014] [F30or section 30 of that Act] and concerning—

[F31(za)universal credit;]

(a)income support;

[F32(aa)jobseeker's allowance;]

[F33(ab)state pension credit;]

[F34(ac)employment and support allowance;]

[F35(ad)state pension under Part 1 of the Pensions Act 2014;]

[F36(ae)bereavement support payment;]

F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)housing benefit; or

(e)child benefit.

[F38(6)In this section, “international organisation” means an organisation of which—

(a)two or more sovereign powers are members, or

(b)the governments of two or more sovereign powers are members.]

Textual Amendments

F6Words in s. 179(3)(a) inserted (22.4.96) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 70(2); S.I. 1996/1126, art. 2(a)

F7Words in s. 179(3)(a) inserted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 107(1); S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F10Words in s. 179(3)(a) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 21(2); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F13Words in s. 179(3)(a) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 27(2); S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F18S. 179(4)(ab) inserted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 107(2); S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F21S. 179(4)(ae) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 21(3); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F22S. 179(4)(af) and preceding word inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(29)(b); S.I. 2008/787, art. 2(4)(f)

F24S. 179(4)(ah) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 27(3); S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F33S. 179(5)(ab) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 21(4); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F37S. 179(5)(b)(c) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2 (with art. 3)

[F39179AExchange of information with overseas authoritiesU.K.

(1)This section applies where it appears to the Secretary of State-

(a)that there are arrangements in force for the exchange of relevant information between him and any authorities in a country outside the United Kingdom ('the overseas country'); and

(b)that the arrangements and the law in force fin the overseas country are such as to ensure that there are adequate safeguards in place against any improper use of information disclosed by the Secretary of State under this section

(2)For the purpose of facilitating the carrying out by authorities in the overseas country of any function relating to anything corresponding to, or in the nature of, a social security benefit, the Secretary of State may make any such disclosure of relevant information to authorities in the overseas country as he considers necessary to give effect to the arrangements.

(3)It shall be the duty of the Secretary of State to take all such steps as may be reasonable for securing that relevant information disclosed to him in accordance with the arrangements is not used for any purpose for which its use is not expressly or impliedly authorised by or under the arrangements.

(4)This section does not apply where provision is in force under section 179 above for giving effect to the arrangements in question.

(5)The purposes for which information may be required to be disclosed to the Secretary of State under section 122D above or section 116D of the Northern Ireland Administration Act (information required from authorities administering housing benefit or council tax benefit) shall be deemed to include the further disclosure of that information in accordance with this section.

(6)In this section “relevant information” means any information held by the Secretary of State or any authorities in a country outside the United Kingdom for the purposes of any functions relating to, or to anything corresponding to or in the nature of, a social security benefit.]

Textual Amendments