Part XIII Social Security Systems Outside Northern Ireland

Reciprocity

155 Reciprocal 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 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 F1, the Jobseekers (Northern Ireland) Order 1995F2, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 F3, the State Pension Credit Act (Northern Ireland) 2002F11, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 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 ;

F4aa

to the Jobseekers (Northern Ireland) Order 1995;

F10...

F5ab

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

F6ac

to the State Pension Credit Act (Northern Ireland) 2002;F12and

ad

to Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

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 F14, this Act or Part 1 of the Welfare Reform Act (Northern Ireland) 2007 and concerning—

a

income support;

F7aa

jobseeker’s allowance;

F8ab

state pension credit;

F13ac

employment and support allowance;

F9b

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

F9c

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

d

housing benefit; or

e

child benefit.