2021 No. 1088

Social Security

The Social Security (Switzerland) Order 2021

Made

Coming into force in accordance with article 1

At the Court at Balmoral, the 29th day of September 2021

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made under the powers in section 179(1)(a) and (2) of the Social Security Administration Act 19921 which provide that, for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in specified matters, Her Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by such agreement.

At London on 9th September 2021 a Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation2 (“the Convention”) was signed on behalf of the respective Governments. The Convention makes provision for reciprocal arrangements between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation in relation to social security following the United Kingdom’s withdrawal from the European Union.

Article 72 of the Convention provides that the Convention shall enter into force on the first day of the third month following the date of receipt of the later of the States’ written notifications that they have complied with all statutory and constitutional requirements for the entry into force of the Convention. Article 73 provides that, pending entry into force of the Convention, the States may agree to provisionally apply the Convention by an exchange of notes through diplomatic channels. Provisional application of the Convention shall take effect on the day following the later of the States’ notes.

In order to give effect to the Convention, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1)(a) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencementI11

This Order may be cited as the Social Security (Switzerland) Order 2021 and comes into force on—

a

the day following the later of the States’ notes referred to in Article 73 (Provisional application) of the Convention set out in the Schedule to this Order3; or

b

where the Convention has not been applied provisionally as provided for in Article 73, the first day of the third month following the date of receipt of the later of the States’ written notifications referred to in Article 72 (Entry into force) of the Convention set out in the Schedule to this Order4.

Annotations:
Commencement Information
I1

Art. 1 coming into force in accordance with art. 1

Modification of legislationI22

C11

The legislation to which this paragraph applies is modified to the extent required to give effect to the provisions contained in the Convention set out in the Schedule to this Order.

C12

Subject to paragraph (3), paragraph (1) applies to—

a

the Social Security Administration Act 19925;

b

the Social Security Contributions and Benefits Act 19926;

c

the Jobseekers Act 19957;

d

Chapter 2 of Part 1 of the Social Security Act 19988;

e

Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 19999;

f

the State Pension Credit Act 200210;

g

Part 1 of the Welfare Reform Act 200711;

h

Parts 1 and 4 of the Welfare Reform Act 201212;

i

Parts 1 and 5 of the Pensions Act 201413;

j

the following as they form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 201814—

i

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;

ii

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; and

k

regulations within the scope of section 179(5) of the Social Security Administration Act 199215,

so far as such provisions relate to England, Wales and Scotland.

3

Paragraph (1) does not modify any legislation so far as it would be within the legislative competence of the Scottish Parliament to make such modificationF1....

4

Paragraph (1) also applies to F2Part 3 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 199917 so far as such provision relates to Northern Ireland.

Variation of OrderI3C23

The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 196918 is varied in accordance with Article 77 (Relationship with the 1968 Convention) of the Convention set out in the Schedule to this Order.

Ceri KingDeputy Clerk of the Privy Council

I4SCHEDULEConvention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation

Articles 1, 2 and 3

Annotations:
Commencement Information
I4

Sch. coming into force in accordance with art. 1

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the modification of certain social security legislation, so as to give effect to the Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at London on 9th September 2021 (“the Convention”).

It also varies the Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969 in accordance with Article 77 of the Convention.

This Order has effect from the date on which the Convention is provisionally applied in accordance with Article 73 of the Convention, or, if not provisionally applied, from the date on which the Convention enters into force in accordance with Article 72. Article 72 of the Convention provides that the Convention shall enter into force on the first day of the third month following the date of receipt of the later of the States’ written notifications that they have complied with all statutory and constitutional requirements for the entry into force of the Convention. Article 73 provides that, pending entry into force of the Convention, the States may agree to provisionally apply the Convention by an exchange of notes through diplomatic channels. Provisional application of the Convention shall take effect on the day following the later of the States’ notes.

This Order does not impose any costs on business, charities or the voluntary sector. A Tax Information and Impact Note has not been prepared for this instrument as it gives effect to previously announced policy.