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The Social Security (Amendment) (EU Exit) Regulations (Northern Ireland) 2019

S.R. 2019/213 · Made 7 November 2019

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.

Exiting The European Union

Social Security

Made 7th November 2019

Coming into operation in accordance with regulation 1

The Department for Communities makes the following Regulations in exercise of the powers conferred by section 115(3) and (4) of the Immigration and Asylum Act 1999f1, and now vested in itf2.

Annotations to the whole text

Footnotes

f1

1999 c. 33

f2

See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 and shall come into operation on exit dayf1.

(2)

The Interpretation Act (Northern Ireland) 1954f2 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

In Part II of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000f1 (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999), for paragraph 2 (in so far as it does not relate to child benefit) substitute—

“2.

A person who is lawfully working in Northern Ireland and is a national of a State with which—

(a)

the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Unionf2 (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; or

(b)

the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”.

Signature

Sealed with the Official Seal of the Department for Communities on 7th November 2019

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71) (the “Immigration and Asylum Regulations”) to reflect the United Kingdom’s transition to trade and partnership agreements, which replace association agreements concluded with third countries under Article 217 of the Treaty on the Functioning of the European Union, as a consequence of the United Kingdom’s exit from the European Union.

Regulation 2 amends Part II of the Schedule to the Immigration and Asylum Regulations so that a person who is lawfully working in Northern Ireland and who is a national of a State with which the United Kingdom has concluded an agreement which replaces an EU Agreement providing for equal treatment in the field of social security, and where that EU Agreement has ceased to apply in whole or in part to, and in, the United Kingdom, is not treated as a person subject to immigration control for the purposes of benefits specified in regulation 2(2) of the Immigration and Asylum Regulations. “EU Agreement” is defined as an agreement concluded by the European Union under Article 217 of the Treaty on the Functioning of the European Union.