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The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111174074

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1 of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union, Northern Ireland

Social Security, Northern Ireland

Made ***

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by sections 8(1) and 23(1) of the European Union (Withdrawal) Act 2018f1, makes the following Regulations.

In accordance with paragraph 1 of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
  3. 3Amendment of the Social Security Administration (Northern Ireland) Act 1992
  4. 4Amendments of secondary legislation
  5. Signature
  6. Schedule: Amendments of secondary legislation
  7. 5The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976
  8. 6The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978
  9. 7The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982
  10. 8The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987
  11. 9The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988
  12. 10The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992
  13. 11The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992
  14. 12The Housing Benefit Regulations (Northern Ireland) 2006
  15. 13The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
  16. 14The Universal Credit Regulations (Northern Ireland) 2016
  17. 15The Personal Independence Payment Regulations (Northern Ireland) 2016
  18. 16The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017
  19. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2018.

(2)

These Regulations come into force on exit day.

2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

In section 144 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “any other” substitute “a”.

3Amendment of the Social Security Administration (Northern Ireland) Act 1992

(1)

The Social Security Administration (Northern Ireland) Act 1992f1 is amended in accordance with this regulation.

(2)

In section 71 (overlapping benefits – general), in subsection (5), for “member State other than the United Kingdom” substitute “member State”.

(3)

In section 72 (income support and other payments) in subsection (2)(a), for “other member State” substitute “member State”.

(4)

In section 76 (child benefit – overlap with benefits under legislation of other member States)—

(a)

in the heading, omit “other”;

(b)

for “member State other than the United Kingdom” substitute “member State”.

(5)

In section 155 (reciprocal agreements with countries outside the United Kingdom)—

(a)

in subsection (1)—

(i)

in paragraph (a), after “United Kingdom” insert “or an international organisation”;

(ii)

in paragraph (b), after “other government” insert “or international organisation”;

(b)

in subsection (3)—

(i)

in paragraph (a)—

(aa)

for “law of the country” substitute “law in force in the country”;

(bb)

after “agreement is made” insert “or has effect”;

(ii)

in paragraph (b), for “law of that country” substitute “law in force in that country”;

(c)

in subsection (4), after paragraph (ah) insert—

“(ai)

to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(aj)

to 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, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(ak)

to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(al)

to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) 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, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(am)

to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;”;

(d)

after subsection (5) add—

“(6)

In this section, “international organisation” means an organisation of which—

(a)

two or more sovereign powers are members; or

(b)

the governments of two or more sovereign powers are members.”.

4Amendments of secondary legislation

The Schedule contains amendments of secondary legislation.

Signature

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

Name

Minister of State for Employment

Department for Work and Pensions

Date

5The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976

(1)

The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976f1 are amended in accordance with this paragraph.

(2)

In regulation 9Bf2 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a)

in the heading, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

6The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978

(1)

The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978f1 are amended in accordance with this paragraph.

(2)

In regulation 12Af2 (modification of Parts 2 and 3 of the Act in relation to accidents happening or prescribed diseases contracted outside Northern Ireland)—

(a)

in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), for “or a Member State (including the United Kingdom)” substitute “, a Member State or the United Kingdom”;

(ii)

in sub-paragraph (b), omit “(other than the United Kingdom)”.

7The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982

(1)

The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982f1 are amended in accordance with this paragraph.

(2)

In regulation 4 (persons in other member States – meaning of “employee”)—

(a)

in the heading, omit “other”;

(b)

in paragraph (a), omit “other than the United Kingdom”.

8The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987

(1)

The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987f1 are amended in accordance with this paragraph.

(2)

In regulation 2 (persons in other member States – meaning of “employee”)—

(a)

in the heading, omit “other”;

(b)

in paragraph (a), omit “other than the United Kingdom”.

(3)

In regulation 5 (women who worked in the European Community) in paragraph (1)(b), omit “other than the United Kingdom”.

9The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988

(1)

The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988f1 are amended in accordance with this paragraph.

(2)

In regulation 8 (duplication and prescribed payments), in paragraph (1)(g), omit “other than the United Kingdom”.

(3)

The amendment made by sub-paragraph (2) also has effect in relation to regulation 8 as that regulation relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 44 of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003f2.

10The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992

(1)

The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992f1 are amended in accordance with this paragraph.

(2)

In regulation 2Bf2 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a)

in the heading, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

11The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

(1)

The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992f1 are amended in accordance with this paragraph.

(2)

In regulation 2Bf2 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a)

in the heading, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

12The Housing Benefit Regulations (Northern Ireland) 2006

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended in accordance with this paragraph.

(2)

In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”f2, omit “(other than the United Kingdom)”.

(3)

In regulation 102 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.

13The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 are amended in accordance with this paragraph.

(2)

In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of “prescribed area”f2, omit “(other than the United Kingdom)”.

(3)

In regulation 83 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.

14The Universal Credit Regulations (Northern Ireland) 2016

In regulation 11 (temporary absence from Northern Ireland) of the Universal Credit Regulations (Northern Ireland) 2016f1, in paragraph (5), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

15The Personal Independence Payment Regulations (Northern Ireland) 2016

(1)

The Personal Independence Payment Regulations (Northern Ireland) 2016f1 are amended in accordance with this paragraph.

(2)

In regulation 23 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—

(a)

in the heading, omit “other than the United Kingdom”;

(b)

in paragraph (a)(i), omit “other than the United Kingdom”.

16The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017

In regulation 5 (transitional provision) of the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017f1, in paragraph (4), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 8 and 23 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union and to make consequential provision.

These Regulations make amendments to domestic legislation in the field of social security in Northern Ireland, to reflect that the United Kingdom will no longer be a Member State of the European Union and to amend section 155 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) to allow for the implementation of reciprocal agreements with the European Union or individual Member States following the United Kingdom’s exit from the European Union.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.