Explanatory note

This Order makes provision for the modification of the Social Security Contributions and Benefits Act 1992 and the Social Security Administration Act 1992 so as to give effect to the Supplementary Convention set out in Schedule 1 to the Order.

The Second Supplementary Convention further amends the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Austria signed on 22nd July 1980, as amended by a Supplementary Convention signed on behalf of those Governments on 9th December 1985.

The Second Supplementary Convention provides that as from the date on which the Treaty establishing the European Economic Area enters into force, the provisions of the Convention and its accompanying Protocol concerning benefits in kind shall cease to apply to persons to whom Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 (“the EEC Regulations”) apply; rights in course of acquisition under the Convention immediately before the Treaty enters into force are to be determined in accordance with the provisions of the EEC Regulations. The Convention continues to apply to other persons who are insured under the social security schemes of Great Britain and Northern Ireland and to persons who are insured under the social security schemes of the Isle of Man, the Island of Jersey and the Islands of Guernsey.

The Second Supplementary Convention provides for benefits already awarded and claims in course of determination to be governed by the Convention.