2015 No. 207
The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) (Northern Ireland) Regulations 2015
Made
Coming into operation
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 F1 in relation to social security F2.
Accordingly the Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
See S.I. 2010/2473
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) (Northern Ireland) Regulations 2015 and shall come into operation on 1st April 2015.
2
For the purposes of these Regulations—
a
“the Australia Order” means the Social Security (Australia) Order (Northern Ireland) 1992 F3;
b
“the Canada Order” means the Social Security (Canada) Order (Northern Ireland) 1995 F4;
c
“EEA national” means a national of an EEA state F5 or Switzerland;
d
“the New Zealand Order” means the Social Security (New Zealand) Order (Northern Ireland) 1983 F6; and
e
“relevant EU Regulation” means—
i
Council Regulation (EC) 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 F7, or
ii
Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems F8.
Modifications of the Australia Order, Canada Order and New Zealand Order2
Regulation 3 applies where-
a
A person is an EEA National;
b
that person is habitually resident in an EEA state or Switzerland;
c
that person can demonstrate a genuine and sufficient link to the United Kingdom social security system; and
d
a relevant EU Regulation applies.
3
1
The legislation mentioned in Articles 2 and 3 of the Australia Order is modified in relation to that person to give effect in Schedule 1 to that Order as if it read as follows—
a
in article 3(1), “that part of the territory” were substituted by “the territory comprising the EEA states and Switzerland” the first time it occurs, and by “the relevant part of the territory of the United Kingdom” the second time it occurs;
b
in article 3(5), “the United Kingdom” were substituted by “the area comprising the EEA States and Switzerland”;
c
in article 5(1), “in that part of the territory” were substituted by “
in the territory comprising the EEA states and Switzerland
”
and “of that part of the territory” were substituted by “of the relevant part of the territory of the United Kingdom”; and
d
in article 5(4), “the United Kingdom” were substituted by “the area comprising the EEA states and Switzerland”.
2
The legislation mentioned in Article 2 of the Canada Order is modified in relation to that person to give effect to the Schedule to the letter reproduced in Schedule 1 to that Order as if it read as follows—
a
in paragraph (9)(a), “resident in the United Kingdom” were substituted in both places it appears by “
resident in the territory comprising the EEA states and Switzerland
”
;
b
in paragraph (11), “resident in the United Kingdom” were substituted by “
resident in the territory comprising the EEA states and Switzerland
”
.
3
The legislation mentioned in Article 2 of the New Zealand Order is modified in relation to that person to give effect to the convention set out in the schedule to the Order as if it read as follows—
a
in article 8(1), “resident in the United Kingdom” and “resident there” were substituted by “resident in the territory comprising the EEA states and Switzerland”;
b
in article 9(1), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”;
c
in article 9(2), “or resident in, the United Kingdom” were substituted by “
or resident in, the territory comprising the EEA States and Switzerland
”
;
d
in article 9(3), “or resident in, the United Kingdom” were substituted by “
or resident in, the territory comprising the EEA states and Switzerland
”
;
e
in article 9(6) for “leaves the United Kingdom” to the end there were substituted “
leaves the area comprised of the EEA states and Switzerland, unless that person is usually resident in that area and his or
her absence is only temporary.
”
;
f
in article 11(1), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”
g
in article 11(2), “or resident in, the United Kingdom” were substituted by “
or resident in, the territory comprising the EEA states or Switzerland
”
and “her arrival in the United Kingdom” were substituted by “
her arrival in the territory comprising the EEA states and Switzerland
”
;
h
in article 11(3), “or resident in, the United Kingdom” were substituted by “
or resident in, the territory comprising the EEA states or Switzerland
”
; and
i
in article 11(4) for “leaves the United Kingdom” to the end there were substituted “
leaves the area comprised of the EEA states and Switzerland, unless that person is usually resident in that area and that
person's absence is only temporary.
”
.
Signed by the authority of the Secretary of State for Work and Pensions
1972 c. 68.