The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016

Statutory Instruments

2016 No. 1050

Social Security

The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016

Made

1st November 2016

Laid before the House of Commons

4th November 2016

Coming into force in accordance with regulation 1(2)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 87(4), (6) and (9) of the Northern Ireland Act 1998(1) and section 189(1), (4) and (5) of the Social Security Administration Act 1992(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016.

(2) These Regulations come into force—

(a) for the purposes of income-based jobseeker’s allowance and contributory employment and support allowance on 27th November 2016;

(b) for all other purposes on 6th April 2017.

(3) In these Regulations—

(a) “the Principal Arrangements” means the provisions contained in the Memorandum of Reciprocal Arrangements set out in the Schedule to the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016(3);

(b) “contributory employment and support allowance” has the meaning given by section 1(7) of the Welfare Reform Act 2007(4) and section 1(7) of the Welfare Reform Act (Northern Ireland) 2007(5);

(c) “income-based jobseeker’s allowance” has the meaning given by the Jobseekers Act 1995(6) and the Jobseekers (Northern Ireland) Order 1995(7).

Adaptation of legislation

2.—(1) The provisions contained in the exchange of letters set out in the Schedule to these Regulations shall have effect so far as they relate to Great Britain, and the effect of the Principal Arrangements shall be varied in accordance with those provisions.

(2) The following legislation, and any subordinate legislation made or having effect as if made under that legislation, so far as it relates to Great Britain, shall have effect subject to such adaptations as may be required for the purpose of giving effect to the provisions of the Principal Arrangements as varied by the provisions contained in the exchange of letters set out in the Schedule to these Regulations—

(a) the Social Security Administration Act 1992;

(b) the Social Security Contributions and Benefits Act 1992(8);

(c) the Jobseekers Act 1995(9);

(d) Chapter 2 (social security decisions and appeals) of Part 1 (decisions and appeals) of the Social Security Act 1998(10);

(e) Part 1 (employment and support allowance) of the Welfare Reform Act 2007(11);

(f) Part 5 (bereavement support payment) of the Pensions Act 2014(12).

Signed by authority of the Secretary of State for Work and Pensions

Damian Hinds

Minister of State for Employment,

Department for Work and Pensions

1st November 2016

Regulation 2(1)

SCHEDULE(13)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect in Great Britain to reciprocal arrangements between Great Britain and Northern Ireland relating to social security. The arrangements are made between the Minister of State for Employment, with the consent of the Treasury, of the one part and the Minister for Communities for Northern Ireland, with the consent of the Department of Finance, of the other part. These arrangements are contained in the exchange of letters set out in the Schedule to these Regulations.

The arrangements amend earlier reciprocal arrangements relating to social security in order to include in their scope—

• Part 5 of the Pensions Act 2014 and Part 5 of the Pensions Act (Northern Ireland) 2015 which introduce throughout the United Kingdom a new benefit, known as bereavement support payment. The earlier reciprocal arrangements help secure a single system of social security for the United Kingdom. So, for example a claim to, or award of, bereavement support payment in one territory will be treated as a claim to, or award of, that benefit in the other territory; and

• an income-based jobseeker’s allowance. This is necessary in order to align the treatment of jobseeker’s allowance with that of employment and support allowance. Both types of employment and support allowance, income-related and contributory, are included in the scope of the earlier reciprocal arrangements.

The arrangements also contain provisions relating to extra-statutory payments made to employment and support allowance claimants who moved between the two territories before 6th April 2016. At that time employment and support allowance was not included in the reciprocal arrangements. These payments will be converted into statutory awards of contributory employment and support allowance in the new territory without the need for a claim.

The Regulations provide that the legislation referred to in regulation 2(2) is adapted to give effect to the provisions of the Principal Arrangements contained in the Memorandum of Reciprocal Arrangements set out in the Schedule to the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 as varied by the provisions set out in the Schedule to these Regulations.

An impact assessment has not been produced for these Regulations as they have no impact on business or civil society organisations.

(1)

1998 c.47. Section 87(6) was amended by S.I.s 2000/741, 2000/3254, 2002/265, 2003/1890, 2006/2659, 2008/1242, 2009/885 and 2016/160. Other amendments to section 87 are not relevant to these Regulations.

(2)

1992 c.5. Section 189(1) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14), by paragraph 57(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) and by paragraph 1 of Schedule 6 to the Tax Credits Act 2002 (c.21). Section 189(4) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 and by S.I. 2013/252. Section 189(5) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998.

(3)

S.I. 2016/287.

(4)

2007 c.5.

(5)

2007 c.2 (N.I.).

(6)

1995 c.18.

(7)

S.I. 1995/2705 (N.I. 15).

(8)

1992 c.4.

(9)

1995 c.18.

(10)

1998 c.14.

(11)

2007 c.5.

(12)

2014 c.19.

(13)

The Department for Social Development was renamed the Department for Communities on 8th May 2016 by virtue of section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)). The Department of Finance and Personnel was renamed the Department of Finance on 8th May 2016 by virtue of section 1(4) of the Departments Act (Northern Ireland) 2016.