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 F1or 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 F2or 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 F3law in force in the country in respect of which the agreement is made F4or has effect have a corresponding effect for the purposes of this Act F5, the Jobseekers Act 1995 F6, Chapter II of Part I of the Social Security Act 1998 F7, Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 F8, Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 F9, the State Pension Credit Act 2002 F10, Part 1 of the Welfare Reform Act 2007 F11, Part 1 of the Welfare Reform Act 2012 F12, Part 4 of that Act F13, Part 1 of the Pensions Act 2014 F14, 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 F15law 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;

F16(aa)

to the Jobseekers Act 1995; and

F17(ab)

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

F18(ac)

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

F19(ad)

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

F20(ae)

to the State Pension Credit Act 2002; F21and

(af)

to Part 1 of the Welfare Reform Act 2007;

F22(ag)

to Part 1 of the Welfare Reform Act 2012; and

F23(ah)

to Part 4 of that Act; and

F24(ai)

to Part 1 of the Pensions Act 2014;

F25(aj)

to Part 5 of the Pensions Act 2014;

F26(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 ActF27, this Act or Part 1 of the Welfare Reform Act 2007 F28or Part 1 of the Pensions Act 2014 F29or section 30 of that Act and concerning—

F30(za)

universal credit;

(a)

income support;

F31(aa)

jobseeker's allowance;

F32(ab)

state pension credit;

F33(ac)

employment and support allowance;

F34(ad)

state pension under Part 1 of the Pensions Act 2014;

F35(ae)

bereavement support payment;

F36(b)

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

F36(c)

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

(d)

housing benefit; or

(e)

child benefit.

F37(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.