The Social Security (Reciprocal Agreements) Order 2005

Statutory Instruments

2005 No. 2765

SOCIAL SECURITY

The Social Security (Reciprocal Agreements) Order 2005

Made

12th October 2005

Coming into force

5th December 2005

At the Court at Buckingham Palace, the 12th day of October 2005

Present,

The Queen's Most Excellent Majesty in Council

Whereas the Orders in Council specified in Schedule 2 modified or adapted certain enactments so as to give effect to the agreements set out in the Schedules to those Orders:

And Whereas Her Majesty's Government in consequence of changes in the law of Great Britain have proposed to each of the parties with whom the United Kingdom has made such an agreement alterations to the agreement:

And Whereas by virtue of section 179(1)(b) and (2) of the Social Security Administration Act 1992 M1 it is provided that for the purpose of giving effect to any such agreement as it would be if it was so altered in accordance with such proposals, Her Majesty may by Order in Council make provision for modifying or adapting the Social Security Administration Act and the Social Security Contributions and Benefits Act 1992 M2 in their application to cases affected by the proposed alterations:

Now, therefore, Her Majesty, in pursuance of the said section 179(1)(b) and (2) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Marginal Citations

M1 1992 c. 5.

M2 1992 c. 4.

Citation and commencement E+W+S

1.  This Order may be cited as the Social Security (Reciprocal Agreements) Order 2005 and shall come into force on 5th December 2005.

Modification of Acts E+W+S

2.  The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such extent as may be required to give effect to the alterations set out in Schedule 1 which are proposed to the agreements set out in the Orders in Council specified in Schedule 2.

A.K.Galloway

Clerk of the Privy Council

Article 2

SCHEDULE 1 E+W+S PROPOSED ALTERATIONS TO EXISTING AGREEMENTS

Where in the agreements set out in the Schedule to an Order in Council specified in Schedule 2 there are references to the terms set out in column 1, such references shall for the purposes of applying the relevant legislation of the United Kingdom be altered to be replaced by the corresponding terms set out in column 2, and pronouns used in such agreements in relation to those terms shall be altered as necessary to include both the masculine and feminine gender.

Column 1	Column 2
Woman (other than in the expression “married woman”)	Person
Man	Person
Husband (other than in the expression “wife or husband”)	Spouse or civil partner
Wife (other than in the expression “wife or husband”)	Spouse or civil partner
Spouse	Spouse or civil partner
Married woman	Married person or civil partner
Wife or husband	Spouse or civil partner
Marriage	Marriage or civil partnership
Widow (other than in the expressions “widow or widower”, “widow's benefit”, “widow's payment”, “widow's pension” or “widowed mother's allowance”M3 )	Widow, widower or surviving civil partner
Widow or widower	Widow, widower or surviving civil partner
Divorce	Divorce or dissolution of a civil partnership
Widowhood	Death of a spouse or civil partner

Marginal Citations

M3 See S.I. 2001/407.

Article 2

SCHEDULE 2 E+W+S ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Title of Order in Council	Reference	Previously modified by
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order 1953	S.I. 1953/884	The Social Security (Reciprocal Agreements) Order 1976 M4 , the Social Security (Reciprocal Agreements) Order 1979 M5 , the Social Security (Reciprocal Agreements) Order 1988 M6 , the Social Security (Reciprocal Agreements) Order 1995 M7 , the Social Security (Reciprocal Agreements) Order 1996 M8 and the Social Security (Reciprocal Agreements) Order 2001 M9 .
The National Insurance and Industrial Injuries (Luxembourg) Order 1955	S.I. 1955/420	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995 and the Social Security (Reciprocal Agreements) Order 2001.
F1 . . .	F1 . . .	F1 . . .
The National Insurance and Industrial Injuries (Israel) Order 1957	S.I. 1957/1879	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Israel) Order 1984 M10 , the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995 and the Social Security (Reciprocal Agreements) Order 2001.
The National Insurance and Industrial Injuries (France) Order 1958	S.I. 1958/597	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Family Allowances, National Insurance and Industrial Injuries (Belgium) Order 1958	S.I. 1958/771	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958	S.I. 1958/1263	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Family Allowances, National Insurance and Industrial Injuries (Denmark) Order 1960	S.I. 1960/211	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
F2 . . .	F2 . . .	F2 . . .
The National Insurance and Industrial Injuries (Turkey) Order 1961	S.I. 1961/584	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995 and the Social Security (Reciprocal Agreements) Order 2001.
The Family Allowances, National Insurance and Industrial Injuries (Germany) Order 1961	S.I. 1961/1202	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
F2 . . .	F2 . . .	F2 . . .
The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969	S.I. 1969/384	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995 and the Social Security (Reciprocal Agreements) Order 2001.
The National Insurance and Industrial Injuries (Bermuda) Order 1969	S.I. 1969/1686	The Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988 and the Social Security (Reciprocal Agreements) Order 2001.
F2 . . .	F2 . . .	F2 . . .
The Family Allowances, National Insurance and Industrial Injuries (Spain) Order 1975	S.I. 1975/415	The Social Security (Spain) Order 1976 M11 , the Social Security (Reciprocal Agreements) Order 1976, the Social Security (Reciprocal Agreements) Order 1979, the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Portugal) Order 1979	S.I. 1979/921	The Social Security (Reciprocal Agreements) Order 1982 M12 , the Social Security (Portugal) Order 1987 M13 ,the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Austria) Order 1981	S.I. 1981/605	The Social Security (Austria) Order 1987 M14 ,the Social Security (Reciprocal Agreements) Order 1988, the Social Security (Austria) Order 1992 M15 , the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Mauritius) Order 1981	S.I. 1981/1542	The Social Security (Reciprocal Agreements) Order 1988 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Cyprus) Order 1983	S.I. 1983/1698	The Social Security (Reciprocal Agreements) Order 1988, the Social Security (Cyprus) Order 1994 M16 , the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (New Zealand) Order 1983	S.I. 1983/1894	The Social Security (Reciprocal Agreements) Order 1988, the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Finland) Order 1984	S.I. 1984/125	The Social Security (Reciprocal Agreements) Order 1988, the Social Security (Finland) Order 1992 M17 , the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (United States of America) Order 1984	S.I. 1984/1817	The Social Security (United States of America) Order 1997 M18 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Iceland) Order 1985	S.I. 1985/1202	The Social Security (Reciprocal Agreements) Order 1988, the Social Security (Iceland) Order 1992 M19 , the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Sweden) Order 1988	S.I. 1988/590	The Social Security (Reciprocal Agreements) Order 1988, the Social Security (Sweden) Order 1992 M20 , the Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Philippines) Order 1989	S.I. 1989/2002	The Social Security (Reciprocal Agreements) Order 1995 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Norway) Order 1991	S.I. 1991/767	The Social Security (Norway) Order 1992 M21 The Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Barbados) Order 1992	S.I. 1992/812	The Social Security (Reciprocal Agreements) Order 1995 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Jersey and Guernsey) Order 1994	S.I. 1994/2802	The Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Canada) Order 1995	S.I. 1995/2699	The Social Security (Reciprocal Agreements) Order 1996 and the Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Malta) Order 1996	S.I. 1996/1927	The Social Security (Reciprocal Agreements) Order 2001.
The Social Security (Jamaica) Order 1997	S.I. 1997/871	The Social Security (Reciprocal Agreements) Order 2001.

Textual Amendments

F1 Words in Sch. 2 omitted (1.6.2007) by virtue of Social Security (Netherlands) Order 2007 (S.I. 2007/631), arts. 1, 3(2)(g)

F2 Words in Sch. 2 omitted (1.10.2007) by virtue of Social Security (Ireland) Order 2007 (S.I. 2007/2122), arts. 1, 3(2)(g)

Marginal Citations

M4 S.I. 1976/225.

M5 S.I. 1979/290.

M6 S.I. 1988/591.

M7 S.I. 1995/767.

M8 S.I. 1996/1928.

M9 S.I. 2001/407.

M10 S.I. 1984/354.

M11 S.I. 1976/1916.

M12 S.I. 1982/1528.

M13 S.I. 1987/1831.

M14 S.I. 1987/1830.

M15 S.I. 1992/3209.

M16 S.I. 1994/1646.

M17 S.I. 1992/3210.

M18 S.I. 1997/1778.

M19 S.I. 1992/3211.

M20 S.I. 1992/3213.

M21 S.I. 1992/3212.

Explanatory Note

(This note is not part of the Order)

This Order provides for social security legislation to be modified, to reflect changes made to the benefit entitlement of spouses and civil partners by the Welfare Reform and Pensions Act 1999 and the Civil Partnership Act 2004, in relation to the Orders in Council listed in Schedule 2 (which give effect to agreements made between the Governments of the United Kingdom and other countries providing for reciprocity in certain social security matters).

This Order does not impose any costs on business.