2015 No. 281
The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations (Northern Ireland) 2015
Made
Coming into operation
The Department for Social Development is designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to social security2.
Accordingly the Department for Social Development makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
Citation, commencement and interpretationI11
1
These Regulations may be cited as the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations (Northern Ireland) 2015 and shall come into operation on 15th July 2015.
2
For the purposes of these Regulations—
-
“EEA national” means a national of an EEA state or Switzerland;
-
“relevant EU Regulation” means—
-
F1“Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020;
-
“withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020.
-
Modifications of the Australia Order, Canada Order and New Zealand OrderI22
Regulation 3 applies where—
a
a person is F2a United Kingdom or 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
F3d
that person is covered by—
i
Title III of Part Two of the withdrawal agreement as set out in Articles 30 and 32 of that agreement;
ii
Title III of Part Two of the EEA EFTA separation agreement as set out in Articles 29 and 31 of that agreement;
iii
Part Three of the Swiss citizens’ rights agreement as set out in Articles 25 and 26a of that agreement; or
iv
the Protocol on Social Security Coordination in the Trade and Cooperation Agreement as set out in Article SSC.2 of Title 1 of that agreement.
I33
1
The legislation mentioned in Article 2 of the Social Security (Australia) Order (Northern Ireland) 19925 is modified in relation to that person to give effect to the Agreement in Schedule 1 to that Order as if it read as follows—
a
in Article 3(1), for “that part of the territory” there were substituted “the territory comprising the EEA states and Switzerland” the first time it occurs, and “the relevant part of the territory of the United Kingdom” the second time it occurs;
b
in Article 3(5), for “the United Kingdom” there were substituted “the area comprising the EEA States and Switzerland”;
c
in Article 5(1), for “in that part of the territory” there were substituted “in the territory comprising the EEA states and Switzerland” and for “of that part of the territory” there were substituted “of the relevant part of the territory of the United Kingdom”; and
d
in Article 5(4), for “the United Kingdom” there were substituted “the area comprising the EEA states and Switzerland”.
2
The legislation mentioned in Article 2 of the Social Security (Canada) Order (Northern Ireland) 19956 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), for “resident in the United Kingdom” there were substituted (in both places it appears) “resident in the territory comprising the EEA states and Switzerland”;
b
in paragraph (11), for “resident in the United Kingdom” there were substituted “resident in the territory comprising the EEA states and Switzerland”.
3
The legislation mentioned in Article 2 of the Social Security (New Zealand) Order (Northern Ireland) 19837 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), for “resident in the United Kingdom” and “resident there” there were substituted “resident in the territory comprising the EEA states and Switzerland”;
b
in Article 9(1), for “the United Kingdom” there were substituted “the territory comprising the EEA states and Switzerland”;
c
in Article 9(2), for “or resident in, the United Kingdom” there were substituted “or resident in, the territory comprising the EEA States and Switzerland”;
d
in Article 9(3), for “or resident in, the United Kingdom” there were substituted “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 comprising the EEA states and Switzerland, unless that person is usually resident in that area and that person’s absence is only temporary.”;
f
in Article 11(1), for “the United Kingdom” there were substituted “the territory comprising the EEA states and Switzerland”;
g
in Article 11(2), for “or resident in, the United Kingdom” there were substituted “or resident in, the territory comprising the EEA states or Switzerland” and for “her arrival in the United Kingdom” there were substituted “her arrival in the territory comprising the EEA states and Switzerland”;
h
in Article 11(3), for “or resident in, the United Kingdom” there were substituted “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 comprising the EEA states and Switzerland, unless that person is usually resident in that area and that person’s absence is only temporary.”.
RevocationI44
The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) (Northern Ireland) Regulations 20158 are revoked.
Sealed with the Official Seal of the Department for Social Development on 24th June 2015
(This note is not part of the Regulations)