Part XIVSocial Security Systems Outside Great Britain

Reciprocity

179Reciprocal agreements with countries outside the United Kingdom

(1)

For the purpose of giving effect—

(a)

to any agreement with the government of a country outside the United Kingdom 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 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 law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this ActF1, the Jobseekers Act 1995F2, Chapter II of Part I of the Social Security Act 1998F3, Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999F4, Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999F5, the State Pension Credit Act 2002F6, Part 1 of the Welfare Reform Act 2007F7, Part 1 of the Welfare Reform Act 2012F8, Part 4 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 law of 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;

F9(aa)

to the Jobseekers Act 1995; and

F10(ab)

to Chapter II of Part I of the Social Security Act 1998;

F11(ac)

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

F12(ad)

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

F13(ae)

to the State Pension Credit Act 2002; F14and

(af)

to Part 1 of the Welfare Reform Act 2007;

F15(ag)

to Part 1 of the Welfare Reform Act 2012; and

F16(ah)

to Part 4 of that Act; and

(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 ActF17, this Act or Part 1 of the Welfare Reform Act 2007 and concerning—

F18(za)

universal credit;

(a)

income support;

F19(aa)

jobseeker's allowance;

F20(ab)

state pension credit;

F21(ac)

employment and support allowance;

F22(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

housing benefit; or

(e)

child benefit.