The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
S.I. 2019/129 · Made 29 January 2019 · Extends to United Kingdom
Exiting The European Union, Northern Ireland
Social Security, Northern Ireland
Made 29th January 2019
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 2018 M1, 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
Marginal citations
- M1
Contents
- 1Citation and commencement
- 2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
- 3Amendment of the Social Security Administration (Northern Ireland) Act 1992
- 4Amendments of secondary legislation
- Signature
- Schedule: Amendments of secondary legislation
- 1The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976
- 2The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978
- 3The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982
- 4The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987
- 5The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988
- 6The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992
- 7The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992
- 8The Housing Benefit Regulations (Northern Ireland) 2006
- 9The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
- 10The Universal Credit Regulations (Northern Ireland) 2016
- 11The Personal Independence Payment Regulations (Northern Ireland) 2016
- 12The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.
These Regulations come into force on exit day.
2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992I1
In section 144 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M1 (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “any other” substitute “ a ”.
3Amendment of the Social Security Administration (Northern Ireland) Act 1992I1
The Social Security Administration (Northern Ireland) Act 1992 M1 is amended in accordance with this regulation.
In section 71 (overlapping benefits – general), in subsection (5), for “member State other than the United Kingdom” substitute “ member State ”.
In section 72 (income support and other payments) in subsection (2)(a), for “other member State” substitute “ member State ”.
In section 76 (child benefit – overlap with benefits under legislation of other member States)—
in the heading, omit “other”;
for “member State other than the United Kingdom” substitute “ member State ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Amendments of secondary legislationI1
The Schedule contains amendments of secondary legislation.
Signature
Signed by authority of the Secretary of State for Work and Pensions
Alok Sharma
Minister of State for Employment
Department for Work and Pensions
1The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976I1
The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 M1 are amended in accordance with this paragraph.
In regulation 9B M2 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
in the heading, omit “other than the United Kingdom”;
in paragraph (a)(i), omit “other than the United Kingdom”.
2The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978I1
The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 M1 are amended in accordance with this paragraph.
In regulation 12A M2 (modification of Parts 2 and 3 of the Act in relation to accidents happening or prescribed diseases contracted outside Northern Ireland)—
in paragraph (1), in the definition of “prescribed area”, omit “(other than the United Kingdom)”;
in paragraph (2)—
in sub-paragraph (a), for “or a Member State (including the United Kingdom)” substitute “ , a Member State or the United Kingdom ”;
in sub-paragraph (b), omit “(other than the United Kingdom)”.
3The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982I1
The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982 M1 are amended in accordance with this paragraph.
In regulation 4 (persons in other member States – meaning of “employee”)—
in the heading, omit “other”;
in paragraph (a), omit “other than the United Kingdom”.
4The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987I1
The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987 M1 are amended in accordance with this paragraph.
In regulation 2 (persons in other member States – meaning of “employee”)—
in the heading, omit “other”;
in paragraph (a), omit “other than the United Kingdom”.
In regulation 5 (women who worked in the European Community) in paragraph (1)(b), omit “other than the United Kingdom”.
5The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988I1
The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 M1 are amended in accordance with this paragraph.
In regulation 8 (duplication and prescribed payments), in paragraph (1)(g), omit “other than the United Kingdom”.
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 2003 M2.
6The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992I1
The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 M1 are amended in accordance with this paragraph.
In regulation 2B M2 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
in the heading, omit “other than the United Kingdom”;
in paragraph (a)(i), omit “other than the United Kingdom”.
7The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992I1
The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 M1 are amended in accordance with this paragraph.
In regulation 2B M2 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
in the heading, omit “other than the United Kingdom”;
in paragraph (a)(i), omit “other than the United Kingdom”.
8The Housing Benefit Regulations (Northern Ireland) 2006I1
The Housing Benefit Regulations (Northern Ireland) 2006 M1 are amended in accordance with this paragraph.
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”M2, omit “(other than the United Kingdom)”.
In regulation 102 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.
9The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006I1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 M1 are amended in accordance with this paragraph.
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”M2, omit “(other than the United Kingdom)”.
In regulation 83 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit “other than the United Kingdom”.
10The Universal Credit Regulations (Northern Ireland) 2016I1
In regulation 11 (temporary absence from Northern Ireland) of the Universal Credit Regulations (Northern Ireland) 2016 M1, in paragraph (5), in the definition of “prescribed area”, omit “(other than the United Kingdom)”.
11The Personal Independence Payment Regulations (Northern Ireland) 2016I1
The Personal Independence Payment Regulations (Northern Ireland) 2016 M1 are amended in accordance with this paragraph.
In regulation 23 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
in the heading, omit “other than the United Kingdom”;
in paragraph (a)(i), omit “other than the United Kingdom”.
12The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017I1
In regulation 5 (transitional provision) of the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017 M1, 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.