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 F30or 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 Northern Ireland, the government of the United Kingdom has made to the other government F15or international organisation 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 F21law in force in the country in respect of which the agreement is made F16or has effect 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 F6, the State Pension Credit Act (Northern Ireland) 2002F19, Part 1 of the Welfare Reform Act (Northern Ireland) 2007F31, Part 2 of the Welfare Reform (Northern Ireland) Order 2015F17, Part 5 of that OrderF34, Part 1 of the Pensions Act (Northern Ireland) 2015F10, 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 F29law 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 ;
F3aa
to the Jobseekers (Northern Ireland) Order 1995;
F35...
ad
to Part 1 of the Welfare Reform Act (Northern Ireland) 2007;
F27ae
to Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
F22af
to Part 5 of that Order;
F26ag
to Part 1 of the Pensions Act (Northern Ireland) 2015;
F9ah
to Part 5 of the Pensions Act (Northern Ireland) 2015;
F25ai
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;
aj
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;
ak
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;
al
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;
am
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
payments out of the social fund;
ii
Christmas bonus;
iii
statutory sick pay; and
iv
statutory maternity pay.
C1C25
The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act F11, this Act or Part 1 of the Welfare Reform Act (Northern Ireland) 2007F18or Part 1 of the Pensions Act (Northern Ireland) 2015F12or section 29 of that Act and concerning—
F20za
universal credit;
a
income support;
F5aa
jobseeker’s allowance;
F8ab
state pension credit;
F23ac
employment and support allowance;
F33ad
state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;
F24ae
bereavement support payment;
F28b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
housing benefit; or
e
child benefit.
F136
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.