Social Security Administration (Northern Ireland) Act 1992

Part XIII N.I. Social Security Systems Outside Northern Ireland

Co-ordination N.I.

153 Co-ordination with Great Britain. N.I.

(1) The Department may with the consent of the Department of Finance and Personnel make arrangements with the Secretary of State (“the joint arrangements”) for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides a single system of social security for the United Kingdom.

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

(a) [F1 to require the making by the Inland Revenue of] any necessary financial adjustments between the Northern Ireland National Insurance Fund and the National Insurance Fund; and

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

(3) The Department 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 Northern Ireland so as to secure its reciprocal operation with Great Britain;

(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 (but not so as to confer any double benefit); and

(c) for determining, in cases where rights accrue both in relation to Northern Ireland and in relation to Great Britain, which of those rights shall be available to the person concerned.

(4) This section applies—

(a) to the Contributions and Benefits Act [F2 , the Jobseekers (Northern Ireland) Order 1995][F3 , Chapter II of Part II of the Social Security (Northern Ireland) Order 1998] and this Act; and

(b) to the Great Britain Contributions and Benefits Act [F4 , the Jobseekers Act 1995][F5 , Chapter II of Part I of the Social Security Act 1998]and the Great Britain Administration Act,

except in relation to the following benefits—

(i) income support;

[F6 (ia) income-based jobseeker’s allowance;]

(ii) family credit;

(iii) disability working allowance;

(iv) housing benefit;

(v) child benefit;

(vi) Christmas bonus;

(vii) statutory sick pay;

(viii) statutory maternity pay.

(5) Nothing in this Act prejudices the making of any arrangement by the Department under section 11 of the M1 Northern Ireland Constitution Act 1973 for the exercise and performance by or by officers of a department of the Government of the United Kingdom on behalf of the Department of any of the powers and duties of the Department under this Act.

Textual Amendments

F1 Words in s. 153(2)(a) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 48 (subject to transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)

F2 Words in s. 153(4)(a) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 46(2); S.R. 1996/180, art. 2

F3 Words in s. 153(4)(a) inserted (5.7.1999) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 82(a); S.R. 1999/310, art. 2

F4 Words in s. 153(4)(b) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 46(3); S.R. 1996/180, art. 2

F5 Words in s. 153(4)(b) inserted (5.7.1999) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6, para. 82(b); S.R. 1999/310, art. 2

F6 S. 153(4)(b)(ia) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 46(4); S.R. 1996/180, art. 2

Modifications etc. (not altering text)

C1 S. 153 applied (with modifications) (7.2.1994) by 1993 c. 49, s. 163(2); S.R. 1994/17, art. 2

Marginal Citations

M1 1973 c. 36.

Reciprocity N.I.

154 Reciprocal arrangements with Great Britain - income-related benefits and child benefit. N.I.

(1) The Department may with the consent of the Department of Finance and Personnel make reciprocal arrangements with the authority administering any scheme in force in Great Britain and appearing to the Department to correspond substantially with a scheme contained in the Contributions and Benefits Act [F7 , the Jobseekers (Northern Ireland) Order 1995][F8 , Chapter II of Part II of the Social Security (Northern Ireland) Order 1998]and this Act concerning any of the benefits to which this section applies for co-ordinating the operation of those schemes, and such arrangements may include provision for making any necessary financial adjustments.

(2) This section applies to the following benefits—

(a) income support;

[F9 (aa) income-based jobseeker’s allowance;]

(b) family credit;

(c) disability working allowance;

(d) housing benefit; or

(e) child benefit.

(3) Regulations may make provision for giving effect to any such arrangements; and such regulations may in particular provide—

(a) for modifying any provision of this Act [F10 , the Jobseekers (Northern Ireland) Order 1995][F11 , Chapter II of Part II of the Social Security (Northern Ireland) Order 1998]or the Contributions and Benefits Act or any regulations made under such a provision;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the scheme in force in Great Britain shall have a corresponding effect for the purposes of this Act [F10 , the Jobseekers (Northern Ireland) Order 1995][F11 , Chapter II of Part II of the Social Security (Northern Ireland) Order 1998]and the Contributions and Benefits Act (but not so as to confer any double benefit);

(c) for determining, in cases where rights accrue both under that scheme and under this Act [F10 , the Jobseekers (Northern Ireland) Order 1995][F11 , Chapter II of Part II of the Social Security (Northern Ireland) Order 1998]and the Contributions and Benefits Act, which of those rights shall be available to the person concerned.

Textual Amendments

F7 Words in s. 154(1) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 47(2); S.R. 1996/180, art. 2

F8 Words in s. 154(1) inserted (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 83(1); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F9 S. 154(2)(aa) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 47(3); S.R. 1996/180, art. 2

F10 Words in s. 154(3) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 47(4); S.R. 1996/180, art. 2

F11 Words in s. 154(3) inserted (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 83(2); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

155 Reciprocal agreements with countries outside the United Kingdom. N.I.

(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 Northern Ireland, the government of the United Kingdom has made to the other government in question,

the Secretary of State may by order 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 Act [F12 , the Jobseekers (Northern Ireland) Order 1995][F13 , Chapter II of Part II of the Social Security (Northern Ireland) Order 1998] 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 ;

[F14 (aa) to the Jobseekers (Northern Ireland) Order 1995;]

and

[F15 (ab) to Chapter II of Part II of the Social Security (Northern Ireland) Order 1998; and]

(b) to this Act,

except in relation to the following benefits—

(i) payments out of the social fund;

(ii) Christmas bonus;

(iii) statutory sick pay; and

(iv) 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 or this Act and concerning—

(a) income support;

[F16 (aa) jobseeker’s allowance;]

(b) [F17 working families’ tax credit];

(c) [F17 disabled person’s tax credit];

(d) housing benefit; or

(e) child benefit.

Textual Amendments

F12 Words in s. 155(3) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 48(2); S.R. 1996/180, art. 2

F13 Words in s. 155(3)(a) inserted (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 84(1); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F14 S. 155(4)(aa) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 48(3); S.R. 1996/180, art. 2

F15 S. 155(4)(ab) inserted (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 84(2); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F16 S. 155(5)(aa) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 48(4); S.R. 1996/180, art. 2

F17 Words in s. 155(5)(b)(c) substituted (5.10.1999) by 1999 c. 10, ss. 1(2), 20(2), Sch. 1 paras. 1, 5

Valid from 14/02/2003

[F18 155A Exchange of information with overseas authorities N.I.

(1) This section applies where it appears to the Department—

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

(b) that the arrangements and the law in force in the overseas country are such as to ensure that there are adequate safeguards in place against any improper use of information disclosed by the Department 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 Department may make any such disclosure of relevant information to authorities in the overseas country as the Department considers necessary to give effect to the arrangements.

(3) It shall be the duty of the Department to take all such steps as may be reasonable for securing that relevant information disclosed to it in accordance with the arrangements is not used for any purpose in 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 155 above for giving effect to the arrangements in question.

(5) The purposes for which information may be required to be disclosed to the Department under section 116D above or section 122D of the Great Britain 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 Department 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

F18 S. 155A inserted (14.2.2003) by 2001 c. 11 , ss. 5(2), 20; S.I. 2003/273, art. 2